Brisbane Municipal Code Ch. 5.28 Auto Wrecking Business

For the purpose of this chapter, the following definitions shall be applicable:

A. "Auto wrecker" means every person, firm, or corporation that buys, sells, stores, exchanges or otherwise deals in or in any other manner comes into possession of motor vehicles, as that term is defined in the Vehicle Code of the state, for the purpose of selling, storing, dismantling or disassembling the same, or that stores, sells, dismantles or disassembles any such motor vehicle, whether for the purpose of utilizing, selling, storing or otherwise disposing of the component parts or materials of such vehicles, including the disposal thereof as junk.

B. "Auto wrecking establishment" means any premises on which any person engages in the occupation of an auto wrecker.

C. "Wrecked automobile" means any motor vehicle which is damaged, dismantled or disassembled or which is intended for dismantling or disassembling, or any substantial portion or part thereof, that is used, owned or possessed for the purpose of junking the same or salvaging parts therefrom.

(Ord. 25 § 1, 1962).

The business of an auto wrecker may be carried on after securing a permit in the manner provided in this chapter and subject to the regulations contained in this chapter.

(Ord. 25 § 3(A), 1962).

A. Each application for such permit shall be made on a form provided by the city clerk for such purpose. Each application shall be accompanied by an accurate plot plan showing the exterior boundaries of the property and the location of all buildings or other structures existing or proposed.

B. If, in the opinion of the city clerk, it appears that the business of the applicant will be in full compliance with this chapter and any other applicable ordinances, upon payment of the required fee, a permit expiring on the December 31st next succeeding the date of the application shall be issued.

(Ord. 25 § 3(B), 1962).

No person shall carry on or conduct the business of auto wrecker without paying the license fee listed in Section 5.20,190.

(Ord. 232 § 6, 1977: Ord. 25 § 3(C), 1962).

Any permit granted under this chapter may be revoked or suspended in the following manner: A notice of intention to revoke shall be served on the permittee specifying wherein he has failed to comply with this chapter or any other ordinance or with any terms or conditions specified in the permit for such auto wrecking establishment, and requiring him to appear before the city council at a date and hour specified not less than five (5) days after the mailing of such notice to the permittee, and show cause why the permit should not be revoked or suspended. At such time and place the permittee shall have the right to appear in person or by counsel and to introduce such evidence as he may desire. The city council may continue the hearing from time to time with or without the consent of the permittee. The decision of the city council shall be final.

(Ord. 25 § 3(D), 1962).

If the permit is revoked by the city council after the provisions set forth in Section 5.28.050 have been completed, the clerk of the city council shall notify in writing by certified mail, return receipt requested, the permittee to cease and desist further operations immediately, except to wind up the business and to remove all wrecked automobiles from the premises of the permittee within a reasonable time, but in no case longer than thirty (30) days from the mailing of the notice. Failure to cease and desist further operation shall be a violation of this chapter; each day's further operation, except to wind up the business, shall constitute a separate offense. Failure to remove all said wrecked automobiles within thirty (30) days from mailing to the notice shall constitute a violation of this chapter, each day's further noncompliance shall constitute a separate offense.

(Ord. 25 § 3(E), 1962).

No permit obtained under this chapter shall be assignable or transferable in any way, and if there are any changes whatsoever in the ownership or operation of the auto wrecking business, a new permit shall be required, after making application therefor as specified in this chapter.

(Ord. 25 § 3(F), 1962).

Any auto wrecking establishment shall be carried on, maintained or conducted entirely within an enclosed building or buildings, unless the premises on which such business is carried on, maintained or conducted shall be entirely enclosed by a fence eight (8) feet in height. Such fence shall be constructed of such materials and in such a manner as to completely obscure vision and shall conform to all regulations and ordinances regarding such structures. No advertising of any kind whatsoever (words, signs, pictures, posters, placards, mechanical devices, transparencies, or other advertising mediums) shall be placed, or caused to be placed, or to be maintained, or caused to be maintained, upon the outward face of such fence or wall, except as may be permitted by other applicable ordinances. Gates for access to the premises shall swing inwardly and such gates shall be tightly closed when the premises are not open for business.

(Ord. 25 § 4(A), 1962).

Immediately upon receipt of a wrecked or damaged automobile to be dismantled, the gasoline tank and crank case shall be emptied completely of their contents so as to avoid danger of fire or explosion.

(Ord. 25 § 4(B)(1), 1962).

A. No automobile bodies, salvage parts, metals, tires, or accessories shall be piled or stacked to a height in excess of eight (8) feet, and in no event higher than the enclosing fence or wall or nearer than two (2) feet thereto.

B. All automobile parts, bodies, or salvage parts, metals, tires, or accessories shall be piled or stacked neatly in rows with a sufficient number of clear and adequate passageways to allow free and unobstructed access and movement of the fire department in case of fire. The manner of handling and keeping dismantled automobiles and parts thereof shall at all times be subject to the approval of the fire chief of the city.

(Ord. 25 § 4(B)(2) and (3), 1962).

The entire area of an auto wrecking establishment shall at all times be kept free from grass, weeds, rubbish or other accumulations which in any way constitute a fire hazard or a nesting or breeding place for rats, mice and other rodents.

(Ord. 25 § 4(B)(4), 1962).

An auto wrecking establishment, and every part thereof, shall at all times be open to inspection by fire, health, police, building inspector, or other authorized public official as shall be designated from time to time by the city council.

(Ord. 25 § 4(B)(5), 1962).

No wrecked or damaged automobile shall be allowed or permitted to remain standing upon the premises of any auto wrecking establishment for a period exceeding ninety (90) days from the date on which such wrecked automobile was received, unless the same shall be completely dismantled or disassembled. Upon good cause being shown therefor, the police department may grant reasonable extensions in the time limit.

(Ord. 25 § 4(B)(6), 1962).

No auto wrecker shall remain open for the purpose of buying or selling wrecked or used automobiles or parts or accessories thereof between the hours of seven (7:00) p.m. of any day and seven (7:00) a.m. of the following day.

(Ord. 25 § 4(C), 1962).

A. Every auto wrecker shall keep a full, true and complete report with respect to each wrecked or damaged automobile, setting forth the following information:

1. The name and address of the person or persons from whom the same was purchased or received;

2. The make, license number, date of registration, motor number, serial number, style and seating capacity;

3. The date on which the same was purchased or acquired.

B. The report of all purchases, assignments, sales, or exchanges of such wrecked automobiles shall at all times be open to inspection by the police department of the city. The report required in this section shall be made within forty-eight (48) hours after buying or receiving any automobile.

C. No person engaged in conducting or carrying on the business of an auto wrecker shall fail, refuse or neglect to keep any record on file, any report in the time, form and manner required by this chapter, or fail, refuse or neglect upon demand being made to exhibit for inspection any such record or report to the chief of police of any police officer of the city.

(Ord. 25 § 4(D), 1962).

It is unlawful for any person to engage in, permit, carry on, or conduct, or in any way participate in the business of an auto wrecker except in conformance with the provisions of this chapter.

(Ord. 25 § 2, 1962).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 25 § 6, 1962).

(Ord. No. 554, § 5, 1-18-11)