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HomeMy WebLinkAbout572 BUTTE COUNTY ORDINANCE NO' ~~ / ~ AN ORDINANCE AMENDING ORDIlVANCE NO. 467 OF THE COUNTY OF BUTTE RELATING TO JUNK DEALERS„ PAWN BROKERS AND SECOND- HAND DEALERS. The BOARD OF SUPERVISORS of the COUNTY OF BUTTE DO ORDAIN as follows: 1. That Article 3 of Butte County Ordinance No. 467, being Sections 71 to 90(a) of said Ordinance, i.s hereby amended to read as follows: Section 71o It shall be unlawful for any person, firm or corpora- ~ion to engage in, conduct, manage or carry on the business of pawnbroker,. secondhand dealer, junk dealer or junk collector, or storage of the same, without first having procured a license so to do and having paid the fee for such license as in this article provided. w ., .. '; A. license must be procured immediately before the continuance hereunder or the commencement of any business or occupation liable to license fees as herein provided, from the County Treasurer of this county, which license shall authorize the party obtaining same to transact the business described in such license for the period named therein, in this county; provided however, that any license heretofore issued to any person, firm or corporation under the provisions of Section 73 of the Butte County Code shall authorize such person, firm or corporation to continue the business for which such license was issued for the time specified in such license, unless revoked by the Board of Supervisors under the provisions of this article, and upon the expiration of such license issued under the provisions of Section 73 of the Butte County Code, such person, firm or corporation must make application £or a license under the provisions of this article as if no license had heretofore been issued to such person, firm or corporation„ A separate license must be obtained for each branch, establishment or separate house or place of business located in this county. Section 72. All sums of money for license fees provided for by this article are due and payable in advance at the office of the County Treasurer„ and all licenses herein provided for shall be issued quarterly in advance, except wherein it is herein otherwise expressly provided. Each license shall state the person to whom, and the kind of business and the location for which the same is issi and the date of issuance, the license period for which issued, and the amount received therefor, and shall refer to this article and be signed by the County Treasurer. It shall be the duty of the County Treasurer to collect the license fees under this article, and to perform such other duties as are by this article prescribed. It shall be his duty, .in the name of the County of Butte as plaintiff, to bring suit for the recovery of any license fee imposed against any person required by this article to first procure a license before engaging in any business as herein defined, who carries on or attempts to carry on such business without such license. ~~ Tt shall be the duty of the District Attorney to prosecute all violations of this article on sworn complaint thereto, and it shall be the duty of the District Attorney to act as attorney for the County Treasurer for the collection of any unpaid license fees, Section'~3, fa) For the purpose of this article, a secondhand dealer is defined to be a person, firm or corporation, whose business is conducting, managing or carrying on the business of buying, sellin or otherwise dealing in miscellaneous secondhand goods, wares or merchandise, (b) Every junk dealer, except as hereinafter provided in this section, shall pay a license fee of $25. 00 a quarter. (c) For the purpose of this article, a junk dealer is defined to be any person engaged in the business of buying and selling any of the articles mentioned in Section 73(d). (d) Sunk is defined as being any old iron, wire, brass, copper, tin, lead, rags, paper, bags, and lumber, and also empty bottles, and bones, and all parts of bicycles, tricycles, baby carriages, automobiles, and other vehicles dismantled in whole or in part, and kept for sale as junk, and other similar personal property ordinarily classified as junk. (e) A junk collector, except as hereinafter in this section provided, shall pay a license fee of Ten Dollars ($10. 00) a quarter' for each wagon, vehicle, cart, truck, or other conveyance used by him in his business as such junk collector. (f) A junk collector is defined to be a person, firm, or corp- oration, going from house to house, or from place to place, gathering, collecting, buying, selling, or otherwise dealing in junk, as hereinbefore defined. (g) The foregoing. section shall not apply. to any charitable or non-profit organization engaged in the collection of junk for the purpose of raising funds, (h) A junkyard is hereby defined to be any premises upon whit junk, as hereinbefore defined, is kept in the open. (i) Requiring permit to store junk in open: It is unlawful in the County of Butte to stare junk upon any premises unless the same is entirely enclosed by a fence, the height of which shall be determined by the Board of Supervisors, upon recommendation by the Planning Commission, and endorsed upon the permit issued by the Board of Supervisors, Section 74: Any person desiring to obtain a license to carry on any businesses mentioned in this article shall file with the License Collector of the County of Butte a written application for a permit therefor, giving his name, address and proposed place of storage or business; upon the filing thereof, the License Collector shall collect the license fee and refer the applicant to the Sheriff of the County of Butte, who shall fingerprint and photograph the applicant and make an investigation of the applicant and the proposed place of storage or business, and report to the Board of Supervisors of the County of Butte within fourteen (14) days his findings as to the moral character of the applicant and the desirability of permitting -2- junk to be stored upon the proposed location Section 75: The Board of Supervisors, upon receiving the report o e era.ff that the report is adverse as to character of applican or to the proposed location, shall deny the application; if the report is favorable, it shall either allow or reject the application, in its discretion, .and in the event that the application is for apermit - to store junk in the open, the Board of Supervisors, in granting the application, may prescribe such restrictions and regulations as it may deem expedient, and it is unlawful to violate any of the restrictions or regulations so imposed. Section 76: Any permit granted by the Board of Supervisors under t e~i provisions of this article may be revoked at any time by the Board of Supervisors, and it shall be revoked by said Board at any time the Board finds that said junk is stored in a manner that is unsightly or that will increase fire hazard, or constitute a detrimen to health in the Iacality. Section 77: It is unlawful for any person engaged in storing junk in t eTi~` open, or in the business of conducting a junk shop, or yard to store the same, in any but an orderly and neat manner, In the case of a person conducting a.junkyard, unless the said yard in which the said junk is stored is entirely surrounded by a galvanized iron fence, or other fireproof fencing which entirely obscured the vision of the yard within, at least ten (10) feet in height, and ixnless within the yard and opposite all gates or entrances .therein there is a scre n or shield of the same material of the same height extending past each side of the gate or entrance in such a manner that all vision of the interior of said yard from the adjoining street is entirely obscured thereby, Section 78: All licenses issued hereunder shall be posted in clear vie- wT ny place of business, and junk collectors shall carry such license with them at all times, and any employee of a licensed"junk collector or operator of a junk yard shall carry an identification card, signed and endorsed by such person, showing the authority of such employee; otherwise such person shall be required to obtain a license as a junk collector. Section 79: Every person licensed under this article shall, at the c os~T- e of each business day, make out and mail to the Sheriff on a blank form to be obtained from the Sheriff, a full, true and complet report of all goods, wares,. merchandise, or things purchased, or otherwise received, during said day. Such report shall show the hour of the day that .such article was purchased or received, and the true name and address as nearly as the same is known to or can be ascertained by the licensed person, and the license number, make, nd description of vehicle driven by such person, if such be the case, Such licensee shall give all information required by the Sheriff on such blank forma Section 80: Every licensed person hereunder shall keep a complet recceeverything purchased or received by him, which record shall contain all the matters required to be shown upon the report to the Sheriff. Every such record, and all articles purchased by such licensed personp shall be produced for inspection by the Sheri or any of his deputies, or by the chief of the police department, or his officers, of any city. -3- Section 81: .Any licensed person under this article shall not sewdispose of any article or thing purchased or encumbered by him within seven (7) days after making the report to the Sheriff, as required herein. All usable items, and copper wire, shall not be sold sooner than twenty-one (21) days from the date of the repor to theSheriff. Provided, however, the Sheriff may release such usable items provided they have been cleared through his office, Section 82: No owner or keeper of a junk shop or junk yard shall receive any personal property by way of pledge or pawn, nor shall any owner or keeper of a junk shop or junk yard engage in the business of pawnbroking on the same premises wherein a junk shop or junk yard is located. Section 83°. No person under the age of eighteen (18) years shall se any o the articles hereinabove described as junk, except rags and bottles not to exceed fifty (50} papers, unless accompanied bar one (1) parent. Section 84: The provisions of this article shall not apply to artzc~~ded in to an authorized representative or agent of the manufacturer of a new article sold;, Section 85: Subdivision (1). Auctioneer: (a) Auctioneer whose average monthly sales amount to $2500. 00, or over, shall pay a license fee of $1500 a quarter; (b) Auctioneer whose average monthly sales are less than $2500, 00 shall pay a license fee of $7„ 50 a quarter. Section 86: Any person violating any of the provisions of this rtc a is gu>7ty of a misdemeanor. This Ordinance shall take effect thirty (30) days after its passage, and before the expiration of fifteen days after its passage it shall be published with the names of the Supervisors voting for and against it at least once in the GRIDLEY HERALD , a newspaper published in the County of Butte, State of California. The foregoing Ordinance was duly adopted and passed by the Board of Supervisors of the County of Butte, State of California, on the 1ct?~. day February , 195, by the following vote: AYES: Supexnrisors Alexander, Huggins, Kepple, Squires and Bhairman 1?1ac'.~c NOES: None ABSENT: None .- --~ ATTEST: .i~~~7 airman o the oar o upervieors o t e HARRIETT JAMES County of Butte, State of California. Butte County Clerk and ex-officio Clerk of the Board of Supe ors By epu y er -4-