San Joaquin County Municipal Code Ch. 2 Transportation of Burlwood Upon Public Roads

Any person who removes any burlwood or stump from the property where the walnut burlwood or stump was cut and transports the same upon any public road or highway in the unincorporated area of San Joaquin County shall have in the person's possession a valid bill of sale for the burlwood or stump or a written permit issued by the owner of the property from which the walnut burlwood or stump was removed authorizing the removal and transport.

(Ord. 3875 § 1 (part), 1996)

Any such permit or bill of sale shall include, but is not limited to, all of the following:

(a) The name, address and signature of the landowner, and phone number, if available;

(b) The name, address and signature of the purchaser or permittee;

(c) A description sufficient to identify the property from which the burlwood or stump is to be removed;

(d) The date of issuance of the permit or bill of sale and the duration of the period of time within which the burlwood or stump may be removed;

(e) Any conditions or additional information which the landowner may impose or include.

(Ord. 3875 § 1 (part), 1996)

This chapter shall not apply to the transport of any burlwood or stump carried in a passenger vehicle, as defined in Section 465 of the Vehicle Code.

(Ord. 3875 § 1 (part), 1996)

Violation of the provisions of this chapter is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months or by both that fine and imprisonment.

(Ord. 3875 § 1 (part), 1996)

Failure to produce the bill of sale or permit, as required by Section 6-1100 of this code or Section 384.5 of the Penal Code, upon demand of any peace officer shall constitute sufficient grounds to hold in protective custody the burlwood or stump until proof of legal right to transport is furnished.

(Ord. 3875 § 1 (part), 1996; Ord. 3897 § 1, 1996)

Any expense incurred in caring for any property taken into protective custody pursuant to Section 6-1104 shall be paid by the owner of the property. The cost of caring for the property so held is a lien upon the property. The lien may be enforced in the manner prescribed in Section 3052 of the Civil Code.

(Ord. 3875 § 1 (part), 1996)

The provisions of Sections 6-1100, 6-1101, 6-1102 and 6-1103 shall apply only in those circumstances where a single item of burlwood or a single stump is being transported. Where two or more items of burlwood or stumps are being transported, Penal Code Section 384.5 shall apply.

(Ord. 3875 § 1 (part), 1996; Ord. 3897 § 2, 1996)