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ORDINANCE 537;3b9 5 ORDINANCE NO. 537 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 195811 BY ADDING A "CHAPTER 25A." RELATING TO SECOND HAND GOODS, ETC. TO SAID CODE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That a new chapter, to be known and desig- nated as "CHAPTER 25.A. ", shall be and the same is hereby added to "The Code of the City of E1 Segundo, California, 1958", and which new chapter shall read as follows, to wit: ► ►CHAPTER 25A "SECOND HAND GOODS; JUNK; USED MATERIALS; SCRAP META,; PAWN SHOPS; AND SIMILAR BUSINESSES "SEC. 25A.1. DEFINITIONS. The following words when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section: "(a) CHIEF OF POLICE shall mean and designate the Chief of Police of said City. "(b) PAWN BROKER is a person, firm or corporation engaged in conducting, managing or carrying on the business of pawn broking; or the business of lending money upon personal prop- erty, pawns or pledges; or the business of purchasing articles of personal property and reselling, or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the times of such purchase. ► ►(c) 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) SECONDHAND DEALER is a person, firm or corporation (other than a used car dealer or a dealer in secondhand books - 1 - 3 #395 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) JUNK DEALER is a person, firm or corporation (not an auto wrecker) having a fixed place of business in the City 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 or other articles known as junk. "(f) JUNK COLLECTOR is a person, firm or corporation not having a fixed place of business in the City 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 or other articles commonly known as junk. "(g) AUTO WRECKER is a person, firm or corporation who buys or receives any motor vehicle, as the term 'motor ve- hicle' is defined in the California State Vehicle Code, for the purpose of dismantling or disassembling , or who disman- tles 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. It(h) BUY -FORM is the form furnished by the Chief of Po- lice to the licensee for'the purpose of the recording and furnishing by the licensee to the Chief of Police of the re- quired information relative to purchases, pledges or consign- ments. "SEC. 25A.2. BUSINESS LICENSE. Before engaging in any of the businesses hereinabove defined or referred to in Section 25A.10 the person, firm or corporation proposing to enter into or conduct any such business shall obtain the re- quired business license so to do, and in addition thereto the licensee shall be subject to each and all of the terms, con- ditions and provisions of this chapter. - 2 - 3699 "SEC. 25A.9. LANGUAGE AND SIGNATURES. Every such 'Buy -Form' report or record made by or through the licensee as required by the provisions of this chapter shall be written or printed entirely in the English language in and clear and legible manner. "Every person making out any 'Buy -Forms report shall sign his or her true name and give the true name and correct address of the licensee. No person shall write or subscribe the name of any other person as a signature to any 'Buy -Form' report, as all such 'Buy - Forms' shall bear as signatures only the true names of the persons so subscribing the same. "SEC. 25A.10. SELLERS OBLIGATION. Every person who sells, pledges, or consigns any property to any licensee in the course of business covered by the license of such licensee shall furnish on said 'Buy -Form' report true positive identi- fication 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. "SEC. 25A.11. MISDEMEANORS. (a) Every person re- quired by this chapter to sign any paper or form who signs a fictitious name or any other than his or her true name and every person who gives any address other than his or her true and correct address is guilty of a misdemeanor. "(b) 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 chapter, if such forms have not been so submitted by some other person, and if such person is: "(1) A person required by this chapter to obtain a license; or - 5 - 3 70() "(2) A person in charge of the business of such person required by this chapter to obtain a license; or "(3) An agent or employee of such person required by this chapter to obtain a license; and the duties of such agent or employee include the submission of such 'Buy- Formt. "SEC. 25A.12. JUNK DEALER DISPOSING OF METAL. A foundry or junk dealer shall not melt, destroy, sell or other- wise dispose of any metal purchased or received by such dealer which is, or by economically feasible repair can be made, usa- ble 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 that such metal has been received by such foundry or junk dealer. "SEC. 25A. 13. DISPOSING OF ANY ARTICLE. No per- son, firm or corporation shall melt, destroy, sell or other- wise dispose of any article, goods, wares, merchandise or thing obtained or used in any business subject to the provi- sions of this chapter until at least fourteen (14) days after making the report to the Chief of Police that such article, goods, wares, merchandise or thing has been purchased or re- ceived by such person, firm or corporation. "SEC. 25A. 14. HOLD ORDER. The Chief of Police may place a hold order upon any property acquired by the li- censee in the course of any business subject to the provisions of this chapter for a period 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. 3701- "SEC. 25A. 15. RELEASE BY CHIEF OF POLICE. The Chief of Police in his discretion may in writing release any property ocvered by this chapter 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. "SEC. 25A. 16. SALE OF GOODS TO ANOTHER LICENSEE WITHIN CITY. Goods, wares and merchandise covered by duly executed and filed tBuy- Formst and with respect to which any waiting periods provided for herein are being observed, may be sold or conveyed by the licensee possessing the same to any other licensee in the City engaged in the same or a similar business who is complying with the provisions of this chapter without the necessity of executing and delivering new 'Buy- Forms' therefor; provided, however, 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. This does not apply to purchases made by junk dealers and junk collectors or to transfers of property between such dealers and collectors. IfSEC. 25A. 17. EXEMPTION TO DISPOSING OF METAL. The waiting period required by Section 25A. 12. does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this sec- tion, an established place of business means a place of busi- ness within the County of Los Angeles, California, which has been dealing in the type of articles purchased at the same lo- cation for not less than two (2) years. 11SEC. 25A. 18. ALTERING APPEARANCE OF GOODS. Until any articles, goods, wares, merchandise or thing pledged or - 7 - 3 702 consigned to, or purchased by, any licensee subject to the provisions of this chapter are held for the time required 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. "SEC. 25A. 19. CHIEF TO RELEASE BEFORE EXPORTING GOODS FROM CITY. A licensee subject to the provisions of this chapter shall not export from the City any goods, wares, mer- chandise, 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. "SEC. 25A. 20. EXCEPTIONS TO FILING BUY - FORMS. The provisions of this chapter requiring withholding and the making and filing of 'Buy- Forms' shall not be deemed to apply: "(a) To the purchase or sale by junk dealers or junk col- lectors of rags, bottles (other than milk or cream bottles), second -hand sacks, barrels, cans, scrap metal, shoes, lamps, stoves or household furniture (with the exception of sewing machines and all musical instruments or any item or items to which the manufacturer thereof has assigned a serial number); or "(b) To the purchase or sale by second -hand dealers of household furniture (with the excpetion of sewing machines, all musical instruments, typewriters, or any other item or items to which the manufacturer thereof has assigned a serial number); or "(c) To the receipt or sale of a second -hand article by any person, firm or corporation that received such second -hand article as part payment of a new article, if such person, firm or corporation is the authorized representative or agent of the manufacturer of the new article sold. 3703 "SEC. 25A. 21. FAILING TO FILE BUY -FORM UNLAWFUL. It shall be unlawful for any person, firm or corporation en- gaged in conducting, managing or carrying on any business af- fected by, or to which this chapter relates, to fail, refuse or neglect to make or file any 'Buy - Form', statement or report required hereunder, in the form, in the manner, at the time and in all respects as required by and in full conformity with the requirements of this chapter; or to fail, refuse or neglect to keep the records herein required in the form and in the manner required by this chapter; or to fail, refuse or neglect to exhibit to the Chief of Police or to any Police Officer of the City, or other duly authorized person immediately upon de- mand for the privilege of such inspection, any such record or any goods, wares or merchandise in his, its, or their posses- sion, or control. "SEC. 25A. 22. BUSINESS HOURS FOR AUTO WRECKER. No person, firm or corporation shall transact the business of an auto wrecker within the City 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 2. That this ordinance shall take effect thirty days after its final passage and adoption. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance; shall make a minute of the passage 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 adoption 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 9th day of February , 1959- ATTEST: City Clerk (SEAL) Mayor of the City of Sl Segundo, California - 10 - 3794 X705 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF EL SEGUNDO I, ----- Fu xice___U,___ CreamQn______________________ 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__ Ordsnance___________ __________ _______ _________ _____ being _______Qx_ din anee --- Uo -,___S -37_---------------------- was passed and adopted by the said City Council, approved 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 ------- 9.th ------ day of_______ February ____________________ _ 19-5-9, and that the same was so passed and adopted by the following vote: AYES: Councilmen___. Fr_edexiol- , ... Gordon_,._ MeeP,-huk and __riay_or _ Benfield; NOES: Councilmen - -- -None; ----------------------------------------------------------------- - - - - -- ABSENT: --- Coun-cilm-an- B aker WITNESS my hand and the official seal of said City this ------ 10th ------------- day of February -------------------------- - - - - -- 19-59-. (SEAL) City Clerk of the City of El Segundo, California 3706 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Eunice U. Creaso.. __ , 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 .... 5.3.7....... is a full, true and correct original of Ordinance No..._537 ............ Of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 19581, BY ADDING A 1f CHAPTER 25A11 RELATING TO SECOND HAND GOODS, ETC. TO SAID CODE., which was duly passed and adopted by the said City Council, approved 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 ------ 9th ----- day of ----- Feh wary___- -_. -_, 19._.09, and that the same was so passed and adopted by the following vote: AYES: Councilmen - - -1 Mayor Benfield . --- - - - - - - - - - -- NOES: Councilmen Xone_ 3 --------------------------------------------------------------------------------- ABSENT: Councilman -- Baker--------------------------------------------------------------------- - - - - -- I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No ----- .37.. was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so pub- lished therein on the following date, to wit: ..... February__ -1.9,_ 1.959-------------------- 4-,-4 - - - -- - - - -I --- 1-ne= ---- &0 --- �-� City Clerk of the City of El Segundo, California. By-------------------------------------------------------------- (SEAL) Deputy. Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) ...Mar an....N.ema,= ....---- -•• ................. .. ......... ..._...---....- ---•-. being first duly sworn, deposes and says: That She is, and at all of the times hereinafter mentioned was, a citiaen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; thaAe was, at, and during all of the time of the publication of the instrument hereunto attached the ............ ...pr in�c.iPal-___.clerk- 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 newspaper has been so 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 herein 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 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, pr ofessions, 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 mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such cusses, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on ,page ............ 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 smaller 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 ...... Ordinan.ce .... o . 537 of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ; week ......... by • .. .............•---.............. consecutive publication ......... commencing on the c.t .sday of ----- -------- •- - - - - -- ....�brt181�y..., A. D 1959..., and ending on the ............19t..?....... day of .............................F brq; ry A. D. 1x59. - -.., and as often during said time as said newspaper was regu- larlyissued, to -wit: ..-_ ...... .............................•• ----....--•--..._._...................--- ............................... -. ............ ...... . .... ....... .... ..... . . . . .. ...E . _R....19 -, 1959... ............................... ............................................................•-------- •------------- •------ ...... ....-- •• -•.. -- -..... -� Subscribed and sworn to before me this .�...'�.......... day Of ................. ............ A. D. 19..A!�'? City clerk of the City of El Segundo, County of Los Angeles, State of California. By.............................................. ............................... ....................... Deputy City Clerk at said City.