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.