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ORDINANCE 370c 12--10 ORDINTANCE NO. 370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RELATING TO AND REGULATING THE' BUSINESS OF DEALING IN SECOND HAND GOODS, WARES AND MERCHANDISE; JUNK; USED MATERIALS; SCRAP METAL; PAWN SHOPS; AND SIMILAR BUSINESSES AND ENTERPRISES, WITHIN SAID CITY. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CAL170MIIA9 DOES ORDAIN AS FOLLOWS: SECTION 1. That for the purposes of this ordinance the following words, phrases and clauses shall have the meanings hereinafter ascribed and designated to and for them, to wit: (a) "Chief of Police" shall mean and designate the Chief of Police of the City of E1 Segundo, California. (b) "Pawn Broker" is defined to be a person, firm or corpor- ation engaged in conducting, managing or carrying on the business of pawn broking; or the business of lending money for himself or any other person, firm or corporation upon personal property, pawns or pledges; or the business of purchasing articles of personal prop- erty and reselling,or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase. (c) A "Pawn Shop" is any room, store, building or other place in which any such business of a Pawn Broker is engaged in, carried on or conducted. (d) A "Second Hand Dealer" is defined to be a person, firm or corporation (other than a used car dealer or h dealer in second - 1 - 2419 hand books or magazines) engaged in conducting, managing or carrying on a business of buying, selling or otherwise dealing in second hand goods, wares or merchandise. (e) A "dunk Dealer" is defined to be a person, firm or corpora- tion (not an auto wrecker) having a fixed place of business in the City of El Segundo and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal (including gold or mercury), or other articles known as junk. (f) A "Junk Collector" is defined to be a person, firm or corporation not having a fixed place of business in the City of El Segundo, who goes from house to house, or from place to place, gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles cans papers, metal (including gold or mercury), or other articles commonly known as junk. (g) An "Auto Wrecker" is defined to be and construed to mean f and include every person, firm or corporation who buys or receives any motor vehicle, as the term "motor vehicle" is defined in the i California State Vehicle Code, for the purpose of dismantling or disassembling, or who dismantles or disassembles, any such motor vehicle for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials or parts of such vehicle or vehicles. (h) The term "Buy -Form" herein mentioned shall be the name of and shall designate the form or forms furnished by the Chief of Police to the licensee for the purpose of the recording and furnish - ing by the licensee to the Chief of Police of the required infor- mation relative to purchases, pledges or consignments. SECTION 2. Before engaging in any of the businesses hereinabove defined or referred to in Section 1 of this ordinance, the person, firm or corporation proposing to enter into or conduct r 241-1 in quadruplicate, an appropriate "Buy -Form" or'Buy- Forms" covering each day's transactions of such licensee. Within three hours after the close of business of any business day, each such licensee shall mail or deliver to the Chief of Police the original "Buy -Form" or "Buy- Forms ", together with two duplicate copies thereof, covering the business transacted on such day. SECTION 7. The "Buy- Forms" referred to herein shall, contain a full, true and complete report of all goods, wares and merchandise or things received on deposit, consigned, pledged, or purchased during the day covered by such forms, and shall also con- tain such other information as may be required by the Chief of Police and which, in the opinion of said Chief of Police, considering the type of business of the licensee, may assist in the detection of stolen property. Every such licensee shall enter or cause to be en- tered upon the "Buy -Form" positive identification furnished by the seller, pledgemaker or consignor, such as driver's license number, work badge number, auto or truck license number, and junk collector's business license number, in addition to the true name and address of the seller, pledgemaker or consignor. In lieu of the positive iden- tification mentioned above, such licensee shall require the seller, pledgemaker or consignor to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the "Buy - Form". SECTION 8. Every licensee shall preserve for a period of at least two years the fourth, or quadruplicate, copy of the "Buy - Form ", provided for that purpose, containing a carbon copy record thereon of the original writing made or caused to be made by the licensee, the original of which has been furnished to the Chief of Police# Every such record shall be produced by the licensee for inspection by any peace officer within such two year period, and any property pledged, purchased or received by such licensee which is described or referred to in any such "Buy -Form" - 4 - J 2412 shall likewise be produced by such licensee for inspection by any peace officer upon request, if such request is made within the period during which the licensee is required hereunder to hold such property. SECTION 9. The Chief of Police shall maintain a file consisting of the originals of all "Buy - Forms" received pursuant to the provisions of this ordinance for a period of at least two years after receipt thereof, and such "Buy- Forms" shall be open to inspection by any peace officer. SECTION 10. Every such "Buy - Form ", report or record made by or through the licensee as required by the provisions of this ordinance shall be written or printed entirely in the English language in a clear and legible manner. SECTION 11. Every person making out any "Buy - Form", report or record required by the terms of this ordinance, or any copy thereof, shall sign his or her true name and give the true name and correct address of the licensee. SECTION 12. Every person who sells, pledges, or con- signs any property to any licensee in the course of business covered by the license of such licensee, shall furnish on said "Buy - Form ", report or record, true positive identification to the licensee by which such person can be located by the Chief of Police. Such person shall also sign his or her true name and write or print his or her true address upon the "Buy- Form" in the space provided for same at the time such business is transacted. SECTION 13. Every person, required by this ordinance to sign any paper or form, who signs a fictitious name or any, other than his 0r her true name, and every person who gives any address other than his or her true and correct address is guilty of a misdemeanor. SECTION 14. No person shall write or subscribe the name of any other person as a signature to any "Buy- Form ", report or record required under the provisions of this ordinance, as all such - 5 - 2,913 Riuy- Forms ", reports and records shall bear as signatures only the true names of the persons so subscribing the same. SECTION 15. Every person is guilty of a misdemeanor who fails, refuses or neglects to submit the "Buy - Forms" to the Chief of Police within the time required by, and in full compliance with, the provisions of this ordinance, if such forms have not been so submitted by some other person, and if such person is: (a) A person required by this ordinance to obtain a license; or (b) A person in charge of the business of such person required by this ordinance to obtain a license; or (c) An agent or employee of such person required by this ordi- nance to obtain a license; and the duties of such agent or employee include the submission of such "Buy- Forms ". SECTION 16. A foundry or junk dealer shall not melt, destroy, sell or otherwise dispose of any metal purchased or re- ceived by such dealer which is, or by economically feasible repair can be made, usable for the purpose for which it was originally designed, until at least twenty -one (21) days after making a report to the Chief of Police, as required by the provisions of this ordi- nance, that such metal has been received by such foundry or junk dealer. SECTION 17. No person, firm or corporation shall melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained or used in any business subjeettc the provisions of this ordinance until at least fourteen (14) days after making the report to the Chief of Police, as required under the pro- visions of this ordinance, showing that such article, goods, wares, merchandise or thing has been purchased or received by such person, firm or corporation. SECTION 18. The Chief of Police may place a hold order upon any property acquired by the licensee in the course of any business subject to the provisions of this ordinance, for a period MUM 2414 of not to exceed ninety (90) days, and in such case the licensee shall retain such property for the prescribed period and shall not dispose of the same in the meantime unless upon written release of said Chief of Police. The Chief of Police may also require the licensee to keep a true record of any such property and to ascertain and report therewith the true name and address of the person to whom such property was sold, transferred, or otherwise disposed of. SECTION 19. The Chief of Police in his discretion may in writing release any property covered by this ordinance which he has inspected, either personally or through his authorized officers, if after such inspection he is satisfied that such property is in the lawful possession of the licensee. SECTION 20. Except as hereinafter provided in Section 21, goods, wares and merchandise covered by duly executed and filed "Buy - Forms" and with respect to which any waiting periods provided for herein are being observed, may be sold or conveyed by the li- censee possessing the same, to any other licensee of the City of E1 Segundo engaged in the same or a similar business who is comply- ing with the provisions of this ordinance, without the necessity,of executing and delivering new "Buy- Forms" therefor; provided, how- ever, that both the seller and the buyer in such case shall notify the Chief of Police, in writing, of such transfer at or before the time the same is actually made, and provided that the transferee shall observe all unexpired withholding periods with reference to any such goods, wares or merchandise. SECTION 21. The exemptions provided in Section 20 do not apply to purchases made by junk dealers from junk collectors or to transfers of property between such dealers and collectors. SECTION 22. The waiting period required by Section 16 of this ordinance does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this section, an established place of business means a place of - 7 - 2415 business �vithin the Count of Los 1'- ngeles, California, which has been dealing in the type of articles purchased at the same location for not less than taco years. SECTIOT? 23. Until any articles, goods, wares, merchai- dise or thing pledged or consigned to or purchased by any licensee subject to the provisions of this ordinance, are held for the time required by this ordinance or released by the Chief of Police, such licensee shall not clean, alter, repair, paint or otherwise change the appearance of such articles, goods, wares, merchandise or things. At all times during business hours, such licensee shall expose the same to public view. SECTION 24. A licensee subject to the provisions of this ordinance shall not export from the City of El Segundo any goods, wares, merchandise, or things pledged or consigned to or received by such licensee in his capacity as such licensee until the Chief of Police has inspected and released such property. SECTION 25. The provisions of this ordinance requiring withholding and the making un. filing of "Buy - Forms ", shall not be deemed to apply: (a) To the purchase or sale by junk dealers or junk collect- ors of rags, bottles (other than milk or cream bottles), second- hand sacks (other than cloth cement sacks), barrels, cans, gold or mercury, scrap metal, shoes, lamps, stoves or household furniture (with the exception of sewing machines and all musical instruments or any item or items to 17hich the manufacturer thereof has assigned a serial number); or (b) To the purchase or sale by second -hand dealers of house- hold furniture (with the exception of sejriing machines, all musical instruments, type- :. ;riters, or any other item or items to which the manufacturer thereof has assigned a serial numbe); or (c) To the receipt or s-ile of a second -hand article by any person, firm or corporation that received such second -hand article 2416 as Part payment of a new article, if such person, firm, or corpor- ation is the authorized representative or agent of the manufacturer of the new article sold. SECTION 26. It shall be unlawful for any person, firm or corporation engaged in conducting, managing or carrying on any busi- ness affected by or to which this ordinance relates, to fail, refuse or neglect to make or file any "Buy- Form", statement or report requir- ed hereunder, in the form, in the manner, at the time, and in all re- spects as required by and in full conformity with the requirements of this ordinance; or to fail, refuse or neglect to keep the record or records herein required in the form and in the manner required by this ordinance; or to fail, refuse or neglect to exhibit to the Chief of Police, or to any Police Officer of the City of El Segundo, or other duly authorized person, immediately upon demand for the privilege of such inspection, any such record or any goods, wares or merchandise in his, its, or their possession, or under his, its or their control. SECTION £7. No person, firm or corporation shall transact the business of an auto wrecker within the City of E1 Segundo for the purpose of buying or selling wrecked or used automobiles or vehicles, or any parts or accessories therefor, between the hours of 7:00 o'clock P.M,. of any Saturday and 7:00 o'clock A.M. of the following Monday, or on any other day except between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M. of such day. SECTION 28. That any person, firm, association or corpora- tion violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction of any such violation such per- son, firm, association or corporation shall be punishable by a fine of not more than $300.00 or by imprisonment in the City Zail of the City Of E1 Segundo, California, or in the County Jail of Los Angeles Cb unty, California, as the committing magistrate may direct, for a period of not to exceed three months, or by both such fine and imprisonment in the discretion of the Court. - 9 - 241! Every such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day during which, or during any portion of which, any of the provisions of this ordinance is violated and shall be punishable therefor as here- in provided. SECTION 29. That this ordinance shall take effect thirty (30) days after its final passage and adoption. SECTION 30. That all ordinances and parts of ordinances insofar as the same are in conflict with the provisions of this ordi- nance, are hereby repealed. SECTION 31. That the City Clerk shall certify to the pas- sage and adoption of this ordinance; shall make a minute of the pas- sage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted; and within 15 days after the adop- tion thereof shall cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City, and which is hereby designated for that purpose. Passed, approved and adopted this 26th day of 195 0. — /_' " �_' e, yor of he ity © California. ATTEST; ( SEAT. ) - 10 - i i STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Victor D. McCarthy, City Clerk of the City, of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. �7© was passed and adopted by the said City Council, approved and sig- ned by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the _ _26t day of _ gulr , 1950, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon, Swanson, Thorpson and I!iatiyor selbT. NOES: Counoi lmen Done ABSENT: Councilmen Peterson. WITNESS my hand and the official seal of said City this 26th day of duly , 1950. ity Clerk of the 1 Segundo, California. (SEAL) 2418 CLERK'S CERTIFICATE STATE OF CALIFORNIA, j COUNTY OF LOS ANGELES , SS. CITY OF EL SEGUNDO. if Victor D. McCarthy, City Clerk of the City of E1 Se- gundo, California, do hereby certify that the whole number of mem- bers of the City Council of the said City is five; that the fore- going ordinance, being Ordinance No. 31 o , is a fall, true and correct on inal of Ordinance o. — 370 of the said City of IE1 Segundo, California, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO. CALIFORNIA, RELATING TO.AND REGULATING THE BUSINESS OF DEALING IN SECONDHAND GOODS, WARES AMID MERCHANDISE; JUNK; USED MATERIALS; SCRAP METAL; PAWN SHOPS; AND,SIMILAR BUSINESSES AND ENTERPRISES, WITH- IN SAID CITY." which was duly passed and adopted by the said City Council, ap- proved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 26th day of -July 1950 and that the same was so passed and adopted by t e ng fo ow ' vote: AYES: Councilmen Gordon, 8vanson, Wenson and Mg7or Selby. NOES: Councilmen xano. ABSENT: Councilmen Peterson. I do hereby further certify that pursuant to the pro- visions of Section 36933 of the Government Code of the State of California,.that the foregoing Ordinance No. 70 was duly and regularly published according to aw and t e order cf the City Council of said City, in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circu- lated within the said City and that the same was so published therein on the following date, to wit: Augmt 3, 1950 i ty erk of " 2 y El Segundo, Californ a. (SEAL) 2419 J Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, } ss. CITY OF EL SEGUNDO, .CeSjt831..Y. ®.tr�W.. .... ............................... being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, ~s over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the...... - .............. ............................... Editor of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in '* the City of El Segundo, in said County and State; that said newsapaper has been so n. published and circulated at regular intervals of one week for more than one year immediately preceding the Publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times here- in mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper p per is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades; callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mention devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing uch classes, - t g professions, trades, callings, races or denominations, ` or any of such classes, professions, trades, callings, races or denominations. r; That the notice, order, ordinance, resolution or instrument hereunto attached on page. 5....numbered :::................................ ............................... . hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smalle r than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the.... QRi ?L�BNC$.NA...�7.Q .............. of which the annexed is a printed copy as hereinabove stated, was published and printed in said newspaper at least *X& ...... week. ..., by ... ®.AO....... Xdb?eMMpublication...., commencing on the Art ..... day of .. Atet , , , , , , , , , , ,,, A. D. 19 J 0., and ending on the ...... 3rA ........ day of ................... A. D. 190P., ............................................. ............................... Subscribed sworn to before me this.., day of ... ............. A. D. 19: ................... ... ............ c City Clerk of the City of E1 Segu County of Los Angeles, State of 9alifornia. Deputy City Werk of said City.