Chapter 5.28
JUNK, AUTOMOBILE WRECKING AND NONOPERATING VEHICLE STORAGE YARDS
Sections:
5.28.020 License – Application.
5.28.050 Exception to fence requirement.
5.28.070 Records of Chief of Police.
5.28.080 Retention of goods period.
5.28.090 Goods not to be altered.
5.28.100 Goods released by Chief of Police.
5.28.110 Hold-order by Chief of Police.
5.28.120 Application denial – License suspension and/or revocation.
5.28.010 Definitions.
Words used in this chapter that are defined in the zoning ordinance but not specifically defined in this chapter shall have the same meaning as is given to them in the zoning ordinance. Whenever the following words are used in this chapter they shall have the meaning ascribed to them in this section:
A. “Dealer” means any person who engages in the business of automobile wrecking, storing nonoperating vehicles, or operating a junkyard.
B. “Nonoperating vehicle storage yard” means any lot or parcel of land on which are kept five or more vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale. (Ord. 29 § 1, 1981; CC § 21.601)
5.28.020 License – Application.
Application for a junk, automobile wrecking, or nonoperating vehicle storage yard license shall be made to the Issuing Officer on forms provided by the Issuing Officer. (Ord. 29 § 1, 1981; CC § 21.603)
5.28.030 License – Procedure.
The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in uniform licensing procedure, set out in Chapter 5.04 PMC. The fee for a license shall be established by City Council resolution from time to time. (Ord. 683 § 10, 2008; Ord. 29 § 1, 1981; CC § 21.605)
5.28.040 Regulations.
It is unlawful for any person to carry on, maintain or conduct a junkyard, motor vehicle wrecking yard for the storage of nonoperating motor vehicles in the City, unless such establishment is carried on, maintained or conducted in compliance with the following regulations:
A. Such establishment shall be carried on, maintained or conducted entirely inside an enclosed building or buildings, or on premises entirely enclosed by a solid fence or wall at least six feet in height and constructed according to the requirements of this code.
B. Such fence or wall shall be or has been sold, bartered or given away, shall be placed or be maintained in a neat, substantial, safe condition and shall be painted, unless of masonry or rustproof metals.
C. No sign, picture, transparency, advertisement or mechanical device which is used for the purpose of, or which does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away, shall be placed or be maintained, or caused to be maintained, upon the outward face of such fence or wall; except that a business carried on, maintained or conducted within such fenced or walled enclosure and in accordance with applicable zoning regulations may be advertised by use of a space not exceeding six feet in height and 15 feet in length on each side of such enclosure.
D. Gates for access to the premises shall swing inwardly, and such gates shall be kept closed when the premises are not open for business.
E. No junk or secondhand article shall be piled, or permitted to be piled, in excess of the height of the enclosing fence or wall or nearer than two feet thereto.
F. All gasoline, oil or other inflammable liquid and all gas shall be drained and removed from any unregistered motor vehicle or other junk or secondhand article located in said building, buildings or premises.
G. The material located in or on the premises shall be so arranged that reasonable inspection or access to all parts of the premises can be had at any time by the proper fire, health, police and building authorities.
H. The Director of Development Services shall at least annually inspect all licensed establishments for compliance with the provisions of this section. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 21.607)
5.28.050 Exception to fence requirement.
An exception to the fence requirement of PMC 5.28.040 may be granted to authorize the fencing of less than all sides of the premises for which a license is sought, upon a finding that the topographical configuration of such premises is such that the fencing of all sides thereof is not necessary to prevent ingress to or egress from the premises other than through the gate or door designed to provide access to the premises. The procedures for application, consideration, and granting or denial of an exception shall be those established by the zoning ordinance for a special use permit. The application for an exception shall be $40.00, except that if the application for an exception is made in conjunction with an application for the permit mentioned above only the application fee applicable to such permit shall be charged. (Ord. 29 § 1, 1981; CC § 21.608)
5.28.060 Records of dealer.
At the end of each week every dealer shall file with the Chief of Police properly completed “buy form” records for all property received during each week by such dealer. Such “buy form” records shall be on forms furnished by the Chief of Police. The “buy form” records shall be made in triplicate, written, printed or typed in a legible manner. The “buy form” shall contain the following:
A. The name of the person from whom the goods were purchased, together with the address and description of the person from whom such goods were purchased and the license number and description of the vehicle in which the goods were delivered to the dealer;
B. A description of the thing or things purchased by the name of the article, the name of the manufacturer, if known, and serial number or numbers and initials or identifying marks or inscriptions if the article is one which is identified by such numbers, initials, marks or inscriptions;
C. Such other information required by the Chief of Police which may assist in the detection of stolen property;
D. A copy of each “buy form” record shall be kept on file at the place of business of the licensee for a period of two years, and shall be available for inspection by the Chief of Police or any of his deputies, or any peace officer of this State at all reasonable times;
E. This section shall not apply to secondhand motor vehicles the transfer of ownership of which is required to be made a matter of record with the California Motor Vehicle Department pursuant to the Vehicle Code, except that the records of dealers of purchases and sales of such articles made within the City shall be open to the inspection of the Chief of Police. (Ord. 29 § 1, 1981; CC § 21.609)
5.28.070 Records of Chief of Police.
The Chief of Police shall maintain a file of all records received pursuant to the terms of this chapter for a period of two years and such records shall be open to inspection by any peace officer of this State. (Ord. 29 § 1, 1981; CC § 21.610)
5.28.080 Retention of goods period.
Except as otherwise provided in this chapter:
A. Every dealer shall retain in his possession for a period of 10 days after acquisition by him all merchandise except that defined in PMC 5.28.060(E) prior to any sale or disposal.
B. The 10-day holding period shall commence with the date that the “buy form” report of its acquisition is filed with the Chief of Police by the dealer. Under such conditions as he may require, the Chief of Police may for good cause authorize prior disposition of any such property in lieu of holding the property for the prescribed 10 days. (Ord. 29 § 1, 1981; CC § 21.611)
5.28.090 Goods not to be altered.
A junk, automobile wrecking, or nonoperating vehicle storage yard dealer shall not allow any property pledged to or purchased by him to be cleaned, altered, repaired, painted or otherwise changed in appearance until such property has been held for the time required by this chapter or unless released by the Chief of Police, except that property reported under PMC 5.28.060(E). Such property shall be exposed to public view during business hours for the duration of the holding period or until released by the Chief of Police. (Ord. 29 § 1, 1981; CC § 21.612)
5.28.100 Goods released by Chief of Police.
The Chief of Police may release any property required to be held by this chapter, if after an inspection he is satisfied that such property is in the lawful possession of the junk, automobile wrecking, or nonoperating vehicle storage yard dealer. (Ord. 29 § 1, 1981; CC § 21.613)
5.28.110 Hold-order by Chief of Police.
The Chief of Police may place a hold-order for a period of 30 days upon any property acquired by the junk, automobile wrecking, or nonoperating vehicle storage yard dealer in the course of his business and upon release of such property, the Chief of Police may require the junk, automobile wrecking, or nonoperating vehicle storage yard dealer to keep a true record of such property and include therewith the true name and address of the person to whom such property was sold, or a record of any other method of disposition. The junk, automobile wrecking, or nonoperating vehicle storage yard dealer shall keep for two years any record required under this section. (Ord. 29 § 1, 1981; CC § 21.614)
5.28.120 Application denial – License suspension and/or revocation.
The Issuing Officer may deny the application for license or suspend for 30 days or less or revoke the license of any junk, automobile wrecking, or nonoperating vehicle storage yard dealer if the health, welfare or public morals of the community warrant such denial, suspension or revocation or if the applicant or licensee or any employee, agent or representative thereof has:
A. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or
B. Violated any of the provisions of this chapter or any statute related to the doing of business regulated by this chapter; or
C. A bad moral character, or a bad reputation for truth, honesty or integrity; or
D. Committed any unlawful fraudulent deception or dangerous act in the course of doing business regulated by this chapter; or
E. Demonstrated that he is unfit to be trusted with the privileges granted by a license for doing business as a junk, automobile wrecking, or nonoperating vehicle storage yard dealer. (Ord. 29 § 1, 1981; CC § 21.615)