Chapter 10.28 — AUTO WRECKERS

"Auto wrecker," for the purpose of this chapter, means every person who buys, sells, exchanges or otherwise deals in, or in any other manner comes into possession of any motor vehicle as defined in the State Vehicle Code, for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle, whether for the purpose of selling, utilizing or otherwise disposing of the component parts of such vehicle, or for the purpose of selling, utilizing or otherwise disposing of the component materials of such vehicle, either as junk, or otherwise.

(Prior code § 4.1)

Every person buying used or wrecked automobiles and dismantling them for any purpose, except to repair the same, must comply with the provisions of this chapter. (Prior code § 4.2)

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

(Prior code § 4.3)

Every person engaged in the business of an auto wrecker shall pay to the City a monthly license fee of $50.00, due and payable on the first day of each and every month. (Prior code § 4.4)

No person shall engage in, conduct, manage or carry on the business of an auto wrecker without first applying for and receiving a written permit therefor from the City Council in the manner provided in this chapter.

(Prior code § 4.5)

The City Council, before receiving an application for the granting of the permit required by the preceding section shall require the payment of a $400.00 fee, which only entitles any person to operate one auto wrecker yard in the City. Any person desiring an additional application must make a new application to the Council in conformity with the procedure outlined in Section 10.28.070 and pay an initial filing fee of $400.00 for so doing. (Prior code § 4.6)

Any person desiring to obtain a permit to conduct or carry on the business of an auto wrecker shall file an application therefor in writing with the City Council, specifying by street and number the place where such business is proposed to be conducted or carried on. Such application shall be signed by the applicant and shall contain the address of such applicant. (Prior code § 4.7)

No permit to conduct or carry on an auto wrecking business shall be granted by the City Council to any person who fails, refuses or neglects to comply with the laws and ordinances relating to and regulating the business for which such permit is sought. (Prior code § 4.8)

In the event that any person holding a permit to conduct or carry on the business of an auto wrecker shall violate any of the provisions of this chapter, or any provision of any other ordinance of the City, or any law relating to or regulating any such business, or shall conduct or carry on any such business in an unlawful manner, it shall be the duty of the City Council to revoke or suspend the permit issued for conducting or carrying on such business. (Prior code § 4.9)

No permit granted pursuant to the provisions of this chapter to conduct, carry on or engage in the business of an auto wrecker shall be revoked or suspended until a hearing, upon written notice to the permittee, shall have been held by the Council. Written notice of such hearing shall be served upon the permittee either by personal delivery thereof to the person to be notified, or by depositing in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at the last-known business or residential address, as the same appears from the records pertaining to the application for permit to conduct the business. Service by mail shall be deemed to have been completed at the time of depositing in the post office, and proof of mailing such notice may be made by the certificate of any officer or employee of the City by affidavit of any person over the age of 18 years, which shows service in conformity with this chapter.

(Prior code § 4.10)

If the permit of any person to conduct or carry on any business under the provisions of this chapter shall be revoked, no permit shall be granted to such person to conduct or carry on such business within six months after such revocation. (Prior code § 4.11)

Any person having a permit issued under the provisions of this chapter may file an application for transferring of location upon the payment of a $10.00 fee for so doing and it shall not be necessary to pay for any other permit fee required by this chapter in connection with a change of

§ 10.28.120

location. (Prior code § 4.12)

In the event of any person having a permit under the provisions of this chapter desiring to sell, transfer or assign such permit, the same may be done to any person holding a permit to engage in the business of an auto wrecker at the time of such sale, transfer or assignment upon the transfer fee of $10.00.

(Prior code § 4.13)

In the event a person desiring to sell, transfer or assign any permit to conduct the business of an auto wrecker to a person who at the time of the sale, transfer or assignment has no permit to engage in the business of an auto wrecker, such person shall pay an application fee of $200.00 for the transfer of such permit.

(Prior code § 4.14)

Every auto wrecker, within 48 hours after buying any automobile or wrecked automobile, shall make out and deliver to the Chief of Police, on a blank form to be obtained from the office of 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 purchased or received.

• B. The make, State license number, style and seating capacity of any such used motor vehicle purchased or received.

(Prior code § 4.15)

The report of all purchases, assignments and sale or exchange of motor vehicles shall, at all times, be open to the inspection of the Chief of Police, or any police officer in the County, or any member of the law enforcement agencies of the United States government. (Prior code § 4.16)

No person engaged in conducting, managing or carrying on the business of an auto wrecker shall fail, refuse or neglect to file any report in the form, in the manner, at the time and in all respects in accordance with the requirements of this chapter, or fail, refuse or neglect to keep a record in the form, and in the manner required by this chapter, or fail, refuse or neglect to exhibit to the Chief of Police or to any police officer of the City immediately upon demand for the privilege of such inspection, any such record or any goods, wares or merchandise. (Prior code § 4.17)

The Chief of Police shall file, in some secure place in his or her office, all reports received pursuant to the terms of this chapter, and such reports shall be open to inspection only by members of the Police Department of the City, or upon an order of a court of competent jurisdiction made for that purpose.

(Prior code § 4.18)