Alameda Municipal Code § 6-49 Automobile Wrecking Establishments

Automobile wrecking establishment shall mean and include any establishment, building or other place where the business is carried on of wrecking old or used automobiles or other motor vehicles, and adding or employing the accessories and parts thereof in equipping, repairing or rebuilding motor vehicles, or storing, selling or otherwise disposing of such accessories or parts.

(Ord. No. 605 N.S.)

It shall be unlawful for any person to engage in, carry on, conduct or to permit to be carried on, engaged in or conducted within the City, the business of an automobile wrecking establishment, unless there exists a valid permit therefor, granted and existing in compliance with the provisions of this section.

(Ord. No. 605 N.S.)

It shall be unlawful for any person to carry on, conduct or engage in the business of an automobile wrecking establishment unless such person shall have procured and paid such license as may be required by this Code or by any ordinance of the City.

(Ord. No. 605 N.S.)

Application for any permit referred to in subsection 6-49.2 of this Code shall be filed with the City Clerk in triplicate, the original of which shall be duly verified before some person lawfully authorized to administer oaths, and upon forms to be furnished by the City Clerk, and shall set forth the following information:

a. A full identification of the applicant and all persons to be directly or indirectly interested in the permit if granted;

b. The residence and business address and the citizenship of applicant, including all members of any association or partnership, or all officers and directors of any corporation applying;

c. The location of the proposed business for which the permit is requested, and the name of the owner and the present use of such premises;

d. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

e. The past experience of the applicant in the business to which the requested permit appertains, and the name, address and past experience in such business of the person to be in charge of the premises or business;

f. Whether or not any permit has been revoked, and if so the circumstances of such revocation;

g. Such further information as the City Manager may require;

h. The dimensions and character of construction of the building, or the dimensions of the lot or premises, in which such business is proposed to be carried on.

(Ord. No. 605 N.S.)

At the time of filing such application, the applicant, and all persons to be directly or indirectly interested in the permit if granted, including all members of any association or partnership and all officers of any corporation, shall be fingerprinted by the Police Department.

(Ord. No. 605 N.S.)

The City Manager shall refer the application for any such permit to the Chief of Police and Fire Marshal for investigation and report. Upon receipt of such report the City Manager shall make such further investigation of such applicant and of the facts set forth in such application as he shall deem advisable, and shall thereupon grant or deny such permit. In granting or denying such permit, and in specifying the conditions, if any, upon which it is granted, the City Manager shall consider the character of the applicant as respects honesty, integrity and financial responsibility and all pertinent facts which may concern the health, safety and general welfare of the public, and shall exercise a reasonable and sound discretion in the premises. The City Manager shall deny the granting of any permit applied for if it shall appear to his/her satisfaction: that the applicant is not a fit and proper person, either for financial, moral or other reasons, to conduct or maintain the business to which the application pertains; or that the applicant has not complied with the provisions of this section relating to the maintenance or conduct of such business; or that any person directly interested in such permit, including all members of any association or partnership and all officers of any corporation, has a prior criminal record of committing any felony, theft, obtaining money or property by false pretense, embezzlement or violating any provisions of this section, or any other law regulating the conduct of such business.

(Ord. No. 605 N.S.)

Any permit granted pursuant to the provisions of this Code may be revoked or suspended by the City Manager as in his discretion may seem meet and just, for any reason for which a granting of such permit might be lawfully denied, or for any other reason hereinafter in this section specifically provided. Such revocation or suspension shall be made only upon a hearing granted to the holder of the permit so revoked or suspended, held before the City Manager after five (5) days' notice to such permit holder, stating the grounds of complaint against him and stating the time and place where such hearing will be held. In the event of such revocation or suspension, any certificate issued in connection with the granting of such permit shall, by the holder thereof, be forthwith surrendered to the City Manager.

Such revocation or suspension of any permit shall be in addition to any other penalties more specifically provided in this Code.

(Ord. No. 605 N.S.)

Any person excepting to any denial, suspension or revocation of a permit applied for or held by him pursuant to the provisions of this section, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof. Such notice must be filed within fourteen (14) days after notice of such action appealed from, but in no event later than thirty (30) days after the date of such action. The City Clerk shall set the matter for hearing before the Council and cause notice thereof to be given to the appellant not less than five days prior to such hearing. At such hearing the appellant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. Such hearing may, by the Council, be continued over, and its findings on the appeal shall be final and conclusive in the matter.

(Ord. No. 605 N.S.)

Any officer of the City charged with the enforcement or administration of any of the provisions of this section shall be permitted to enter and inspect at any reasonable time, without restraint, any premises to which any permit granted under the provisions of this section may pertain, or which are directly affected by such permit, for the purpose of ascertaining whether or not any of the provisions of this section applicable thereto are being violated.

(Ord. No. 605 N.S.)

Any permit required under the provisions of this section shall be exhibited in a conspicuous place in that part, to which the public has access, of the premises to which such permit appertains.

(Ord. No. 605 N.S.)

Upon presentation of any application for a permit as in this section provided for, the City Clerk shall examine the same for the purpose of ascertaining whether the business, establishment or place for which such permit is desired is proposed to be located within a zone in which the same is permitted pursuant to the provisions of this Code and the ordinances and laws of the City. If such location is not within such approved zone, the City Clerk shall refuse to file such application.

(Ord. No. 605 N.S.)

Any permit granted pursuant to the provision of this section, but under which the business therein permitted has not been carried on or maintained within six (6) months from the time of the issuance of such permit, shall expire by limitation and cease to be valid for any purpose; provided, however, that the City Manager may renew such permit upon written application being made prior to its expiration.

(Ord. No. 605 N.S.)

Every person operating, maintaining or carrying on the business of an automobile wrecking establishment shall keep, or cause to be kept, a record of the purchase, sale, exchange or storage of any automobile, or part thereof or accessory thereto, which record shall at all times be open to the inspection of the Chief of Police, or any officer detailed by him, and such person shall, as often as the Chief of Police shall direct, make out and deliver to him, on a blank form to be furnished by the Chief of Police, a full and complete report of the purchase, sale, exchange, storage or other transaction of such property. The report shall contain the name of the person from whom purchased, the make, state license number, motor number, body number, style and seating capacity of all secondhand automobiles purchase, sold, exchanged or placed in storage, together with such other information concerning said property as may be necessary to prove ownership or identity of such secondhand automobiles or automobile parts and accessories. A violation of any provision of this subsection shall be a misdemeanor, and it shall further be unlawful for any such person engaged in any such business to dispose of any secondhand automobile or part thereof or accessory thereto, until a report has been made concerning the purchase, sale or exchange of the property to the Chief of Police and he, or an officer detailed by him, shall have had the opportunity of inspecting the same.

(Ord. No. 605 N.S.)

Every person engaged in the business of an automobile wrecking establishment shall, immediately upon the receipt of the ownership certificate of any motor vehicle, stamp and/or write across the face of the certificate the words wrecked, and the certificate, together with the license plates on such motor vehicle, shall be turned over to the Police Department of the City of Alameda. The Chief of Police of the Department shall designate a member thereof to collect the ownership certificates and number plates from the automobile wrecking establishments, and to turn the same over to the Division of Motor Vehicles of the State of California. Any violation of the provisions of this subsection shall be a misdemeanor.

(Ord. No. 605 N.S.)

Not more than one (1) sign of any kind whatsoever shall be painted or erected on any one (1) side of any fence or wall surrounding the premises on which an automobile wrecking establishment is situated, and such sign shall not be greater in size than fifty (50) square feet; nor shall any automobile or motor vehicle, or part or accessory thereof, be displayed or exhibited on the outside of any building or of any wall or fence surrounding the lot or premises in which such business is being conducted.

(Ord. No. 605 N.S.)