Chapter 5.80
WRECKING YARDS AND JUNK DEALERS1
Sections:
5.80.020 Permit – Requirement – Exemptions.
5.80.030 Permit – Application – Issuance.
5.80.040 Permit – Denial – Appeal procedure.
5.80.050 Permit – Revocation – Grounds.
5.80.060 Requirements – Duties.
5.80.090 Violations – Penalty.
Prior legislation: Ords. 342 and 365.
5.80.010 Definitions.
“Junk dealer” means a person having a fixed place of business in the City who is engaged in the business of buying, selling, or otherwise dealing in, either at wholesale or retail, old rags, sacks, bottles, cans, papers, metal, or other articles commonly described as junk.
“Wrecking yard” means a person having a fixed place of business in the City who is engaged in the business of buying, selling, or otherwise dealing in, either at wholesale or retail, wrecked vehicles and similar items. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.010].
5.80.020 Permit – Requirement – Exemptions.
A. Permit Required. No person shall carry on the business of a wrecking yard or junk dealer without first having obtained a permit from the City so to do in the manner provided in this chapter, which permit shall be posted and maintained in a conspicuous place on the premises where such business is conducted.
B. Exemptions. The provisions of this chapter shall not apply to franchises of the City of any person contracting with the City to collect garbage and refuse and pursuant to applicable provisions of this code. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.020].
5.80.030 Permit – Application – Issuance.
A. Any person desiring to obtain a license for doing business as a wrecking yard or junk dealer in the City shall make application in writing to the City. Such application shall be executed and verified by the applicant and shall set forth the following information:
1. The name, age and residential address of applicant, if a natural person; or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, together with their respective addresses;
2. The address at which the wrecking yard or junk dealer business is to be conducted;
3. Two recent color photographs and fingerprints of applicant, if an individual, including partnerships and persons owning 10 percent or more of a corporation applying for a license;
4. Such other data and information as the City may reasonably require for a proper review by him of said application.
B. The Chief Law Enforcement Officer, after a full investigation, shall submit the application to the Department of Justice. If the Department of Justice does not comment on the application within 30 days thereafter, the licensing authority may grant the applicant a license. All forms for application and licensure, and license renewal, shall be prescribed and provided by the Department of Justice. The City shall deny an application for the license if the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property. The City shall issue or deny such license within 60 days from the date it is filed in his office. If the City grants such a license, its terms shall be for one calendar year from date of issuance. In making its determination, the City shall consider among other factors:
1. All convictions, the reasons therefor, and the conduct of the applicant subsequent to his release; and
2. The license or permit history of the applicant; whether such person in previously operating as a wrecking yard or junk dealer in the City or another City, County or State under a license has had such a license revoked and suspended, the reasons therefor, and the conduct of the applicant subsequent to such suspension or revocation. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.030].
5.80.040 Permit – Denial – Appeal procedure.
Within five days after receiving notification by certified mail that his application for a license or a renewal license to operate the business of wrecking yard or junk dealer under this chapter has been denied, any applicant may file with the City Clerk a written statement, addressed to the City Council of the City, requesting a public hearing on the application before the Council, and stating therein written exceptions to the findings of fact upon which the denial of the application was based. Applicants who have been denied a license because of a conviction for attempting to receive stolen property or any other offense involving stolen property should be informed of their right to review their criminal history record in accordance with the provisions of Article 5, California Penal Code, governing the examination of records. Upon the filing of such statement, the Council shall fix a time, date and place for a public hearing thereon and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the Council not later than 30 days from the date on which the written statement was filed with the City Clerk. At the hearing, the applicant may present evidence in support of his application and exceptions. The burden of proof shall be on the applicant. The Council, by resolution, shall not later than 15 days after the conclusion of the hearing make findings of fact and either deny or grant the application for a license, subject to any reasonable conditions thereto as it deems appropriate. The Council, in said resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the original findings of fact upon the application. A copy of said resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.040].
5.80.050 Permit – Revocation – Grounds.
Any license issued under the provisions of this chapter shall be subject to revocation by the licensing authority and the licensee’s activities as a wrecking yard or junk dealer shall be subject to being enjoined pursuant to Section 21646 of the Business and Professions Code for breach of any of the following conditions:
A. If a business is carried on in a building or buildings other than those designated in the license;
B. If the license or a copy thereof, certified by the licensing authority, is not displayed on the premises where it can easily be seen;
C. If the licensee engages in the business of wrecking yard or junk dealer, as defined in LEMC 5.80.010, with any minor;
D. If the licensee engages in any act which is in violation of the chapter;
E. If the licensee is convicted of any attempt to receive stolen property or any other offense involving stolen property. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.050].
5.80.060 Requirements – Duties.
A. Provisions Supplemental to Business License Regulations. The provisions of this chapter are intended to augment and be in addition to the provisions of Chapter 5.04 LEMC, providing for business license tax. Whenever the provisions of this chapter impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this chapter shall control. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.060].
5.80.070 False statements.
It is unlawful for any person to sign or give a fictitious name or address upon the sale of any goods, wares, merchandise or thing of value under this chapter or to use a fictitious name in the report required to be made pursuant to this chapter. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.070].
5.80.080 Prohibitions.
A. Holding Period. No wrecking yard or junk dealer shall sell or otherwise dispose of any article within three days after such article has been received or purchased;
B. Hours. No wrecking yard or junk dealer shall operate between the hours of 9:00 p.m. and 6:00 a.m. of any day;
C. Hold Order by Law Enforcement. A law enforcement officer may place a hold on property acquired by a wrecking yard or junk dealer in the course of his business for an additional period of 30 days to run subsequently to the hold period provided for in subsection (A) of this section and, upon release of such property, may require such wrecking yard or junk dealer to keep a record of the disposition of such property. It is unlawful for any person to dispose of any property contrary to any hold order issued by a police officer. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.080].
5.80.090 Violations – Penalty.
In addition to the penalties provided in this code, the license previously issued shall be void and shall be revoked by the City of any of the violations as specified in LEMC 5.80.050. [Ord. 1001 § 17, 1995. Code 1987 § 5.56.090].
For statutory provisions on dealers in secondhand goods, see Business and Professions Code § 21626.