El Monte Municipal Code Ch. 5.20 Automobile Junk Dealers

For the purpose of this chapter certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended.

"Automobile" means and includes automobiles, motor trucks, motorcycles, and any and all other motor vehicles which are self-propelled.

"Automobile junk dealer" means and includes any person who deals in, or who engages in the business of selling, exchanging, or otherwise disposing of, or who receives, stores, accumulates, or possesses or has in his possession, for the purpose of selling, exchanging or otherwise disposing of the same, any scrap iron or metal derived from or formerly a part of any automobile, or parts or accessories of and from old or used or junked automobiles, or old or used or worn automobile tires, tubes or casings, or other articles, parts or accessories used on, about or in connection with automobiles.

"Automobile junk yard" means and includes any building, store, warehouse, shed, structure, yard, enclosure, lot, open area, or other premises or place, where scrap iron or metal derived from or formerly a part of any automobile, or parts or accessories of or from old, used or worn tires, tubes or casings, or other articles, parts or accessories of or from old or used or worn or junked automobiles, or old, used or worn tires tubes or casings, or other articles, parts or accessories used on or about or in connection with automobiles, are kept stored, piled or accumulated for the purpose of selling, offering for sale, exchanging or otherwise disposing thereof.

"Automobile wrecking establishment" means and includes any building, store, warehouse, shed, structure, yard, enclosure, lot, open area, or other premises or place where there is carried on, conducted or maintained the business of dismantling or taking parts or accessories from old or used or wrecked automobiles, or of storing, keeping or accumulating, or selling, offering for sale, exchanging or otherwise disposing of, such parts or accessories.

(Prior code §§ 6325—6325.4)

No person shall commence, locate, establish, operate, engage in, or carry on, the business of an automobile junk dealer, or locate, establish, build, construct, equip, keep, operate, or carry on, any automobile junk yard, or automobile wrecking establishment, except as provided in this chapter.

(Prior code § 6326)

No person shall conduct or engage in any business or occupation described in this chapter without having first obtained a permit pursuant to Chapter 5.12 of this title.

(Prior code § 6327)

In addition to all requirements specified in or imposed under Chapter 5.12 of this title, each application for a permit for any business described in this chapter shall be accompanied by a certificate signed by at least three (3) reputable residents of the city, certifying to the good moral character and reputation of the persons or person making such application. No permit shall be granted to any person who does not bear a good character and reputation for honesty and integrity in the neighborhood in which he or she resides.

(Prior code § 6327.1)

In addition to any other grounds specified in this chapter, the violation of any of the laws of the United States or of the state of California, or of any of the provisions of this code, or the unlawful possession by a permittee of any stolen automobile or of stolen parts or accessories of any automobile, shall constitute good cause for revocation and termination of any license or permit issued under this title.

(Prior code § 6328)

No person holding a permit under this chapter shall buy or receive any article or thing referred to in the definitions of "Automobile" or "Automobile junk dealer" in Section 5.20.010 from any motor under the age of eighteen (18) years; provided, however, that this prohibition shall not apply where the minor dealing with such person presents the written consent of his parent or guardian, duly signed, authorizing the particular transaction had with such person; and provided, further, that such written consent shall be retained by said person as long as the property procured through said transaction remain in the possession of such person, and provided that said written consent shall be exhibited upon demand to any peace officer requiring the same.

(Amended during 1999 recodification; prior code § 6329)

Every person operating any business or establishment under this chapter shall keep at such place of business a substantial, well bound book in which there shall be entered at the time of purchase or receipt thereof an exact description of every article or thing referred to in the definitions of "Automobile" or "Automobile junk dealer" in Section 5.20.010 purchased or received by such person, together with the date of purchase, the name and residence or place of business of the person from whom purchased or received, the signature of the person from whom purchased or received, and all particular or prominent marks of identification that may be found on such property; said book shall be kept neat and clean and all entries therein made shall be neatly and legibly written in ink. Said book shall be open to the inspection of the Chief of Police, or any police officer of the City, at all times during ordinary hours of business.

(Prior code § 6330)

A. Every person operating any business referred to in this chapter shall keep a record of each and every automobile wrecked by such person in said business or establishment, which record shall be open to the inspection of the Chief of Police, or any police officer of the city, at all times during ordinary hours of business and shall within twenty-four (24) hours after the purchase or receipt of such automobile, make out and deliver to the Chief of Police of the city, on blanks furnished by the Chief of Police for that purpose, a full, true and complete report, written in the English language in a clear and legible manner, stating the make, state license number, motor number, style and seating capacity of such automobile; the true name as nearly as known, the age, sex, height, weight, and the residence or place of business of the person from whom purchased or received.

B. Every automobile purchased or received by any person operating any business referred to in this chapter shall be held in its original condition as purchased or received and shall not be wrecked or dismantled for a period of five (5) days next succeeding the date of so notifying the Chief of Police.

(Prior code § 6331)

The Chief of Police shall cause such number of blanks to be printed as may be necessary for that purpose, and shall thereafter, from time to time, cause such additional blanks to be printed as may be required, which said blanks shall be so printed and subdivided that they shall have space for writing in the matters specified in Section 5.20.080, together with a caption providing blank spaces in which to fill in the date of said report and the name and residence or place of business of the person making the report.

(Prior code § 6332)

The Chief of Police shall deliver said blanks to the persons from whom said reports are required, from time to time, free of charge, upon application therefor, and shall upon receipt of said report file the same in some secure place in his office, and the same shall be open to inspection only to the Police Department of the city, or upon the order of some court, duly made for that purpose.

(Prior code § 6333)

If any business referred to in this chapter shall be located in whole or in part in any yard, enclosure, lot, or open area, such premises shall be completely surrounded and enclosed by a wall, fence, or barrier, constructed of wood or other solid, impervious material, or of galvanized steel wire, extending above the ground for at least six (6) feet. Any and all necessary openings in said fence, wall or barrier, shall be provided with suitable gates or doors constructed of the same material and in the same manner of construction as is authorized by this Section as suitable and sufficient for a fence, wall or barrier under this Section.

(Prior code § 6334)

If any business referred to in this chapter shall be located in whole or in part in a yard, enclosure, lot or open area, such premises and area shall be kept clean and free from rubbish at all times and all loose metal, or parts or accessories of automobiles, and all other material kept, stored or accumulated in said place shall be neatly and carefully piled; all oils and grease from said automobiles shall be collected and deposited in containers and shall not be allowed to run on the premises, or on the public highway or on adjoining property.

(Prior code § 6335)

No person shall permit any such business referred to in this chapter to be carried on unless there shall be kept on said premises, in good working order, at all times, fire extinguishers in the number and of the style designated by the Fire Chief, as reasonably necessary to minimize and eliminate fire hazard on said premises.

(Prior code § 6336)