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HomeMy WebLinkAboutORD NO 363 ORDINANCE NO. ~ ~ ~ . , AN ORDINANCE REGULATING THE BUSINESS OF BUYING, SEI,LING, WR~CKING ](ED OTHERWISE hEALING IN SECONDHAND AUTOI~OBILES AND O~HER MOTOR VEHICLES AND ALL ACCESSORIF, S AND PARTS OF SADIE' REQUIRING SUCH DEALERS TO KEEP A RECORD OF ALL TRANSACTIONS ~J~D DEI~IVER COPIES ~F SUCH RECORD TO THE CHIEF OF POLICE AND PROVIDI~IG A PEN.tLTY FOR VIOLATION HERE- OF. BE IT OPJ)AINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. It shall be unlawful for any person firm or corporatior~i!~to carry on, conduct, maintain or engage in the business of buying, selling, ex,~hang~ng, wrecking, storing, or otherwise dealing in used or secondhand automobiles, motorcycles or other motor vehicles, equipment, ',storat~e batteries, tires, radiators, maffnetos, speedo- meters, and parts of automobiles or motor vehicles or other automo- bile or motor vehicle accessories of all kinds and description, within the City of Bakersfield without having first obtained a per- mit from the Council of said City to so carry on, conduct, maintain or engage in such business. SECTION 2. Any person, firm or corporation desiring to obtain such permit to carry on, conduct, maintain or engage in any business mentioned in Section 1 o£ this Ordinance, shall file application in writing therefor in the office of the Clerk of the Council of said City of Bakersfield, on a blank to be provided by said Clerk. SECTION ]. No pezEit .shall be granted to any person, firm or corporation within the provisions of this Ordinance'unless such a.volicsnt or applicants shall have such ~ualifications, and'hi§ or their applica- tion conforms to the requirements, terms and conditions of this Ordinance, as provided herein. SECTION 4. No permit shall be granted to any person, firm or Corpor'ation ~ithin the provisions of this Ordinance unless said applicant or applicants are of good moral character and shall, have complied, with all the laws of the State of California, and all Ordinances 'of?the' City of Bakersfield. Said application shall be signed, b'y sai'~d applicant and shall specify the location of the place of business of said .applicant.. Said application must be endorsed by at least five reputable citizens of said City owning or occupying real prop- erty Within said City, giving their.residence or place of bmsiness and occupation. SECTION %. 8aid application shall be referred to the Chief of Police, who shall ~ke an investigation of the character .of the applic~t ~d verify the statements made in said ~pplication, and at the next regular meeti~ of said Co~cil, report thereon to said Co~cil. After receiving such report, the said Co~cil shall gr~t er deny the applicant pe~ission to carry on, condmct, ma~intain or engage in said business. SECTION 6. (a). Whenever it shall appear to sai8 Co~cil that sa~id person ~i~ or corporation to whom smch Pe~it has been grsated is carryi~ on, condmcting or m~intaining said business in an improper, irregular or ~lawft~l m~ner, such pe~it, so grated, shall be revoked. (b),, It shall be ~lawful for .~y person, fi~ or corporation whose permit has been so revoked, to continue to carry on, conduct, maintain or eng~e in such business within the City of Bakersfield ~til such time as such pe~it shall be renewed. SECTION 7. (a). Every person, fi~ or corporation who carrie~ on, con- ducts, maintains or eng~es in the business of buyi~, selling, ex- ch~i~, storing or otherwise dealing in used or secondh~d auto- mobiles, motorcycles, or other motor vehicles ~der the provisions of t~s 0rdin~ce, shall keep a record in triplicate, in a book to be provided by the Police Department of the City of Bakersfield, in which shall be entered in the E~lish l~gu~e, ~n a clear ~d legible manner, the name ~d address of the person, firm or corpo- ration from whom p~rchased or taken in exch~ge, or for stor~e, or to ~om sold, the m~e, State license n~nben, motor n~nber, body n~ber generator n~ber, starter n~ber, carburetor n~ber, ~- neto n~ber storage battery n~ber transmission n~b~e~~ator number, and speedometer number, or any other mark of identification; make, size and. serial number of each tire, including extra tires, style, and seating_ capacity of all secondhand automobiles or other motor vehicles sold, exchanged or placed in storage; make, size and number of secondhand automobile tires; make and number of secondhand radiators, magnetos and speedometers, equipment, storage batteries, parts of automobiles and all other accessories having a serial number, and such other information concerning said articles as may be ~ecessary to prove ownership and id. entit, y of said used or secondhand automobiles, motor vehicles, motorcycles, equipment or automob:[le parts or accessories. (b). The original of said· record must be signed by the per-' son, firm or corporation dealing in the business as aforesaid, and countersigned by the person with whom the transaction is made. Said original and one copy thereof shall be delivered daily to the Chief of Police of the City of Bakersfield, and one copy shall be retained by the said person, firm or corporation making the afe'resaid sale, trade, exchsng~e or transaction. (c)., Such book shall be and remain the property of the City of Bakersfield, but shall be retained by said person, finn or cor- poration engaged in the business aforesaid, filed and securely kept for inspection at all times by the Chief of Police or any of his subordinates or deputies. SECTION 8. (a),. The Chief of Police shall file in some secure place in his office, the original of all reports received pursuant to the terms of this Ordinance snd the same shall be open to inspection - -by'member-s of the Police Department of-the 'City of Bakersfield,-o'r' upon an order of a Court of competent jurisdiction made for that purpo se. (b). .i copy of said report shall be forwarded by the Chief /~ of Police t,o the California State Bureau of Criminal IdentificatiOn and Investigation, together with any other information that may'" from time to time be required by said. Bureau. SECTION 9. The Chief of Police shall immediately upon adoption and pub- lication of this Ordinance cause such a number of blsmks to be printed as may be necessary for that p~rpose and shall thereafter from time to time cause such additional blanks to be printed as may be required to carry out the provisions of this Ordinance. SECTION 10. It shall be unlawfml for any person, firm or corporation, to knowingly buy, sell, receive, dispose of, conceal, or knowingly have in his or their possession say automobile, motor vehicle or ~m~or- cycle, from which the manufacturer's serial number or any other 'number or any other identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealing or mis- representing the identity of said automobile, motor vehicle or motor- cycle. SECTION 11. It shall be unlawful' for any person, firm or corporation to buy, sel~, receive, dispose of, conceal, or knowingly have in his or their posssssion any automobile tire or casing, motor vehicle tire or casing, motorcycle tire or casing, from which identification marks have been obliterated or removed, defaced or changed., covered or destroyed, whether in whole or in part, for the purpose of depriving the owner thereof of his property. SECTION 12. If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be muconstitutional or invalid, s~ch decision shall not affect the remaining portions of tkis Ordinance. TheCity Comucil hereby declares that it would have passed this Ordinance and each section and sub-section thereof ir- ·respective of .the fact that any one or more of the. section, s, sub_- sections, sentences, ,clauses or phrases be declared unconstitution- al or invalid. SECTION 13. Every breach of this Ordinance or any of its terms, provis- ions or requirements, in whole or in part shall separately or for each day of its continuance be deemed to be, and shall be a separate breach thereof. SECTION 14. The permit provided for in this Ordinance, shall when issued, be issued for a quarter of a year or the then remaining portion thereof for quarters ending on the last day of March, June, Sept- ember, and December, and with the understanding and agreement that said applicant shall pay to the City of Bakersfield any license fee which said City may by Ordinance require from dealers in the businesses provided for herein. SECTION 15. Any person, firm or corporation violating any of the pro- visions of this Ordinance shall be deemed guilty of a misdemeanor and. upon conviction thereof shall be punishable by a fine not ex- ceeding the sum of Three Hundred Dollars ($300.00), or by imprison- ment in the County Jail for a term not exceeding ninety (90) days, or by both such fine and imprisonment. I h.sreby certify that the foregoing Ordinance was passed by the Council of the City of Bakersfield, on the/~th day of February, 1918, by the following vote: Co~cil of%the City of Bakersfield. APPROVED thisY~,h day of February, 1'918.