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No permit issued pursuant to the provisions of this Article shall be transferred to any other person or to any other location without the written consent of the Chief of Police, provided, however, that upon the death or incapacity of the permittee the junk yard may continue for a reasonable period of time to allow for an orderly transfer of the permit.
(Added by Ord. 136-75, App. 4/14/75)
Every junk dealer shall:
(a) Comply with all state and municipal laws regarding junk dealers including this Article and Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code;
(b) Post the permit in a conspicuous place at the junk yard or at the junk dealer's place of business;
(c) Maintain the sidewalks, driveways and other areas adjacent to the premises clear of obstacles, trash and debris; and
(d) Take reasonable steps to ensure that its customers do not loiter in the areas adjacent to or near the premises.
(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
A person holding a junk dealer permit may not purchase or permit an authorized agent to purchase, and an authorized agent shall not purchase:
(a) Any junk that is collected, bought, sold or disposed of in a manner that is inconsistent with the provisions of this Article or Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code.
(b) Junk, including automotive or mechanical parts, that contain Hazardous Materials.
(c) Junk where the permit holder or authorized agent has or should have reason to believe that the junk may be stolen.
(Added by Ord. 69-05, File No. 050178, App. 4/15/2005; amended by Ord. 2-13
, File No. 120434, App. 1/24/2013, Eff. 2/23/2013)
The Chief of Police or a peace officer, or officers designated by the Chief of Police, may authorize a retention period of less than five working days for nonferrous metals or for those ferrous metals mentioned in Section 974.14-1(b)* purchased by the junk dealer after the officer's investigation and by endorsing in writing on the junk dealer's copy of the "Buy Book" form an authorization to release the metals hereinabove mentioned.
(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005)
A junk dealer shall not be required to retain nonferrous metals or those ferrous metals mentioned in Section 974.14(b)* in the same condition as purchased or retain the said metals in his junk yard if said metals were purchased from a public utility or a government agency and payment is made for the metals by check drawn on an account of the junk dealer and made payable to the public utility company or government agency from which the metals hereinabove mentioned were purchased.
(Added by Ord. 136-75, App. 4/14/75)
A junk dealer shall not be required to retain nonferrous metals or those ferrous metals mentioned in Section 974.14(b)* in the same condition as purchased or retain such material at his junk yard for a period of five working days if said metals were purchased from a firm having a fixed place of business and said firm has been at the same location for more than two years and payment is made to said firm by a check drawn on an account in the name of the junk dealer and made payable to the company from which the metals hereinabove mentioned were purchased.
(Added by Ord. 136-75, App. 4/14/75)
In computing the number of days for the retention of metal pursuant to the provisions of this Article, the day of purchase shall not be counted, nor shall Saturdays, Sundays or days declared to be holidays by Section 6700 or 6701 of the Government Code of the State of California be counted.
(Added by Ord. 136-75, App. 4/14/75)
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