East Palo Alto Municipal Code Ch. 5.16 Auto Wrecking

No person shall carry on the business of an auto wrecker without first obtaining a permit therefore.

(Prior code § 8-1.1202)

Each application for any such permit shall be made on a form provided by the planning commission for such purpose. Such 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.

(Prior code § 8-1.1203)

If, in the opinion of the planning commission, it appears that the business of the applicant will be in full conformance with this chapter and any other applicable city ordinance, upon payment of the required fee, a permit for twelve (12) months shall be issued. Such permit may be issued at any time during the year and unless previously revoked shall expire on the same date the following year. In case the planning commission denies any permit applied for under the terms of this chapter, the applicant may appeal such decision to the city council.

(Prior code § 8-1.1204)

The annual fee for permits to engage in the business of an auto wrecker shall be twenty-five dollars ($25.00) and shall only entitle the permittee to operate one auto wrecking establishment at a single location. Any person desiring to operate additional auto wrecking establishments shall pay an additional fee of twenty-five dollars ($25.00) for each such establishment.

(Prior code § 8-1.1205)

Any permit granted hereunder shall be subject to revocation or suspension by the city council or planning commission in the following manner:

A notice shall be served on the person holding the permit specifying therein how he/she 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. The notice shall require the permittee to appear before the city council or planning commission at a date and hour specified, not less than five days after the serving of the notice on the permit holder. The permittee shall be required to show cause at the time and place why the permit should not be revoked or suspended. At such time and place the person holding the permit shall have the right to appear in person or by counsel and to introduce such evidence as he/she may desire. The city council or the planning commission shall confront the permit holder with any charges that the city council or planning commission or both of them may have against the permittee. After the hearing, the city council or planning commission may, if in its opinion the permit holder has violated the terms of his permit, revoke or suspend the permit. Persons may appeal to the city council regarding the revocation of any such permit by the planning commission.

(Prior code § 8-1.1206)

In the event that any person having a permit under the provisions of this chapter desires to sell, transfer or assign such permit to any person engaged in the auto wrecking business, such sale, transfer or assignment may be made upon application to the planning commission and the payment of a transfer fee of three dollars ($3.00).

(Prior code § 8-1.1207)

Any auto wrecking establishment shall be conducted entirely within an area completely enclosed by a fence six feet in height. Fences shall be constructed of such materials and in such a manner as to completely obscure vision and shall conform to all city regulations regarding structures. The whole, or a portion of such fence, may be set back from the front property line for a sufficient distance and width to accommodate a display of not more than four reconstructed automobiles in operable condition. Such displayed automobiles shall not project beyond the property line.

(Prior code § 8-1.1208)

Every person conducting an auto wrecking business shall, immediately upon receipt of a wrecked or damaged automobile to be dismantled, empty the crankcase and gasoline tank completely of their contents so as to avoid danger of fire or explosion.

(Prior code § 8-1.1209)

All bodies and other parts of automobiles in an auto wrecking establishment must be piled in an orderly manner, 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 in an auto wrecking establishment shall at all times be subject to the approval of the fire marshal of the city or the fire chief of any fire district in which the premises are located.

(Prior code § 8-1.1210)

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 p.m. of any day and seven a.m. of the following day.

(Prior code § 8-1.1211)

Every auto wrecker, within forty-eight (48) hours after buying or receiving an automobile, or a wrecked automobile, shall make out and deliver to the chief of police on a blank form to be obtained from the chief of police for that purpose, a full, true and complete description of any automobile, or wrecked automobile, so purchased. Such report shall contain:

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

B. An exact description of the vehicle, including the DMV vehicle identification number, VIN number and license number, if available, and any personal property included in the sale, including but not limited to extra engine, mechanical or body parts;

C. The date of purchase or sale;

D. The price paid for purchase or the amount received for sale;

E. Signature of seller;

F. A description of all particular and prominent distinguishing features of the vehicle or personal property purchased.

All dealers in wrecked vehicles shall also immediately file such forms as are required by the State Department of Motor Vehicles, in connection with receiving and dismantling previously registered or unregistered vehicles.

(Prior code § 8-1.1212)

All vehicles and all parts of every description purchased by an auto wrecker must be held by such persons or business for a period of at least fifteen (15) days from the date of purchase or acquisition before the same may be sold. All vehicles and parts shall, upon demand, be shown or exhibited to any sheriff of the county or any police officer, constable or other peace officer of the city, and shall not in any manner be concealed.

(Prior code § 8-1.1213)

No person engaging in, operating, maintaining or carrying on the business of auto wrecker shall receive any vehicle or personal property by way of pledge or pawn, nor shall any person, firm or corporation engage in the business of pawnbroker on the same premises wherein the business of auto wrecker is located.

(Prior code § 8-1.1214)

A. A person engaging in, operating, maintaining or carrying on the business of auto wrecker shall not; and

B. An agent or employee of any such business shall not:

1. Accept any pledge or loan any money on personal property or purchase or receive any vehicles, parts or merchandise or any article or thing, or

2. In any manner whatsoever engage in or conduct any such business between the hours of seven p.m. and seven a.m.

(Prior code § 8-1.1215)

It is unlawful for any person engaging in, operating, maintaining or carrying on the business of auto wrecker to receive or purchase any vehicle, property, parts, article or thing from any person who shall appear to be, or who is known to be intoxicated, or from any minor under the age of twenty-one (21) years; provided, however, that this prohibition shall not apply where the minor dealing with such person presents the written consent of his/her parent or guardian, duly signed, authorizing the particular transaction to be conducted with such person, and provided further that such written consent shall be exhibited upon demand to any peace officer requiring the same.

(Prior code § 8-1.1216)

It is unlawful for any person engaging in, operating, maintaining, or carrying on the business of auto wrecker to employ any minor to collect, receive or in any manner obtain possession of any vehicle, part or article for such person.

(Prior code § 8-1.1217)