HomeMy WebLinkAboutORDINANCES - 02161948 - 0426 ORDINANCE NO. 426
AN ACT PROVIDING G 'OR THE REGISTRATION,
LICENSING, AND REGULATION € F TUNK YDS
DEFINING SUCH, _. ND REQUIRING A PEIMIT TO
BE FILED BY EACH OPERATOR OF SAID JMM
Y M PROVIDING> FOR CMZTAIN PENALTIES
FOR VIDE ON THEREff IN � C67TJNTY '
COMM C 0STA. MT OF
CAL-I OWN-a
The Board of Supervisors of the County of Contra Costa,
State of California, do ordain as follows :
SECTION 1. Funk Yard Defined. Any properties in the
unincorporated territory of the County of Contra Costa used for
the storage of junk, including scrap metal or other scrap mate-
rials, and/or for the dismantling or wrecking of automobiles or
other vehicles or machinery shall be a junk yard within the pur-
port of this Ordinance, provided, however, that this definition
shall not be deemed to include any ease of any of the foregoing
uses which is accessory and incidental to any agricultural. use.
SECTION 2. It shall be unlawful for any person, firm,
association, or corporation, whether as principal, officer, clerk,
employee, ,or otherwise, to establish and maintain ajunk yard on
any properties within the unincorporated territory of the County
of Contra Costa, State of California, without having first regis-
tered: its , his, or her, or their name, address and occupation
and procured from the Board of Supervisors of said County of
Contra Costa, a permit and license therefor and without having
filed a band and complying with all of the provisions contained
in this Ordinance. The e stabl is bmee nt and maintaining of said
junk yard ,without complying with each and all of the provisions
of this Ordinance applicable thereto shall constitute a separate
violation for each day that said junk yard is maintained and carried
on.
1.
83CTION 3,._ It shall be and it is hereby made the duty
of the County Clerk of the County of Contra Costa to receive the
registration of all persons establishing and maintaining junk
yards and to prepare and issue licenses under this Ordinance, and
to receive the payment of license fees , and to account therefor
and set forth in each said license the amount of said fee, the
period of time covered by said license, the name of the person,
firm, association or corporation to whom the same is issued, and
the place of business. ,
SECTION 4. .After application for a license has been
permitted by the Board of Supervisors of the County of Contra
Costa, a ''license may be issued at the option of the said Board
to the person, f im, association or corporation engaging in said
business by the County Clerk of Contra Costa. County.
SECTIO ' 5, No license ,ranted or issued under any
provision of this Ordinance shall be transferred in any manner,
nor shall the same or any duplicate thereof authorize any person,
firm,, association or corporation, other than the one to whom said
license or duplicate was originally issued, to engage in and main-
tain said junk yard.
SECTION 6. "eery person, firm, association or corpora-
tion having a license issued under the provisions of this Ordin-
ance shall keep such license posted and exhibited in a conspicuous
part of any premises used by him as a junk yard.
SECTION ?. It shall be lawful for every peace officer,
building inspector and health officer of the County of Contra,
Costa, or the State of California, to enter in and upon any
premises used as a junk yard at any time for the purpose of in-
specting the
n-specting,the same. Every' such peace officer or other officer
or person hereunder authorized may require anyone possessing a
2.
license herein provided to produce the same for inspection.
Should any inspection thereof be refused, then said license
must forthwith be revoked, if the :hoard of ►upervisors finds
upon hearing the matter based upon verified petition made by the
peace officer or other person authorized to make the inspection
or collection herein provided for, good cause therefore, and it
is hereby made the duty of every peace officer and health officer
of the County of Contra Costa, or Mate of California, to enforce
this Ordinance.
SECTION 8. No license shall be issued by the County
Clerk to ,any operator of a junk yard hereunder unless the appli-
cant shall have first filed.with the Clerk of the Board of Super-
visors of the County of Contra Costa and the same has been
approved by said Clerk, a surety bond in the sum. of Five Thousand
Dollars ($5,000-00) , which bond shall bind the obligors thereunder
that such applicant shall fully comply with the provisions of this
Ordinance, and with the provision of all other applicable Ordin-
ances of this County and the statutes of the Mate of California,
with particular reference to police, health and sanitation measures
regulating junk yards.
SECTION 9.. Every person, firm, association or corpora-
tion violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not more than Five hundred Dollars
($500.00) or by imprisonment in the County Fail for a period of
not more than. six (6) months, or by both such fine and imprison-
ment. Each day or fraction thereof any person, firm, association,
or corporation shall be engaged in such business without a license
shall be considered as a separate and distinct offense.
3•
SECTION 10. Any permit issued pursuant to the provi-
sions of this Crd.i.nanee may be revoked by the Board of Supervisors
for any violation of the conditions of said permit, or for any
violation of this Ordinance by the holder of said permit ; before
any permit shall be revoked by the Board of Supervisors, notice
in writing shall be given to the holder of said permit of the
time and place of hearing the natter of the revocation of said
permit, which said notice shall briefly state the reasons for
revoking said permit and shall be mailed to the holder of said
permit at his place of business or residence as the same appears
on his application for said permit; and when said notice is so
mailed. the Board of Supervisors shall have poster upon hearing the
matter of the revocation of said permit, to revoke the same or
make any order in the premises as may be proper.
SECTION 11. if any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held to be unconsti-
tutional., such decisions shall not affect the validity of the
remaining portions of this Ordinance. The Board, of Supervisors
hereby declares that it would have passed this act and each section,
subsection, sdntenee, clause or phrase thereof, irrespective of
the fact that any one or more other sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
SECTION 12. This Ordinance shall be published for one
(1) week in the "BAN PABLO HENS"
a newspaper of general circulation, published in the County of
Contra Costa, State of California, within fifteen. (15) days after
the date of its passage, and shall take ef'f'ect thirty (30) days
after its passage.
4.
The foregoing Ordinance was duly passed and adopted
at a .regular meeting of the Board of Supervisors of the County
of Contra Costa, held on the q day of February, 1948 , by
the following -vo to:
AYES; Supervisors - S. S. Ripley, H. L. Cummings,
Ray S. Taylor, W. J. Buchanan.
HCZ3: Supervisors - None.
ABSENT: Supervisors -- R. J. Trembath.
C;h of the Board of upervisors
of the County of Contra Costa, .S'ta'te
of California.
ATTEST:
W. T. PAASCH (SEAL)
County Clerk and eg-aff cio Clem
of the Board of Supervisors of the
County of Contra Costa, State of
California.
By: a
Deputy.
QT;ae .
Affidavit of P�b�afion
.ORDI ANC 1110. .. ..... .... x.. #.
�..�: :.
....................... ................ ..... . ... ... .. ......«.. .......«....,
...........................«............ ....... «.......... ....... �: .
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
Kathil T1 a�,,�r�.c` sen a3::t r;:t? ex':€s t3.il
•...,.«...,being first'duly swarttlar: `;: ';
Ail
de 'sea and says:That at all times hereinafter mentioned Ahe was a citizen of the
United States,over the age of eighteen years,and a resident of said County,and was
and during all said time the principal clerk to the Printer of the SAN PABLCI
NEWS, a newspaper of general circulation printed and published weekly, in the c : ;° t t
t g!
: t
aand t rtsxs#
Tarin of San Pablo,in said County of Contra Costa,State of California; that saidt .:
SAN PABLO ITS is, and was at all times herein mentioned a newspaper'of 11111
atio as the term is defined Section 446t!of the Political Code,and, T
general cimul n by ......
3..1°
as provided by said section,is published for the dissemination of local and telegraphic f :; m t °: '::
news and intelligence of a general character,having a bona fide subscription list'of ..wti €n the B a r t
� g t � P�
paying subscribers,and it not devoted to the interest,or published for the entertain '
ion• '' . : :..:.y:......
anent or instruction of a particular class,profession,trade,callus rack,denomination.
;.;t::€ .; ..,. _:,.:. .:::3....:.:...::.:,..,.....
or lerr the entertainment or instruction of any number or such classes,professions,
trades,calling's,races or denominations; that at all said times odd ueraspaper has
been established,printed and published in said Town of San Pablo,in said County
and State at intervals for more than one year preceding the fust publication of the
notice herein mentioned,that:said notice was set in type not smaller than nonpareil,
and was preceded with words printed in black face type not smaller than nonpareil,
describing and expressing in general:terms the purport and character of the notice
intended to be given; that the..... » ......._..!..... -:e. ......-............................
C��°°dnan €o 42 �� .
.»......._ ..»:» . .....».. ...»,.........« ...... .. .....«....«......- ......-« ...
e.
»... . ... ........................... ........................«. ... ....................._.A which the
e' in said newspaper at least #
annexed is''s printed copy, was published and printed e ,paps
.....
one time
i,J#k t.-1.4-V�,.7—s'-e Y e y,�
commencing on thea: ....». adap of ..
to
I94» and ending on the»............. f T S» Vl� . .. -.day oflll° l
«. .... »
«. . te`n.-,u . ay........ --.194. both days incltw•va,to•rr
iMiN
t 21
ry
.. ..
I }
gill
..,
:.;'.
»»....«.. «... ....«........... _... .... .....»...... »..4. ».......«
F MH
g� eee�.e Y
That the notice wasp ublished in the newspaper proper andrnot in a sugpleme - Ag I
f r:
1!!1:.::
fes"
A-4
.. «.
worn to before mt this
S scribed azt s
'tar n,t .r
»,. 51 Tt' C� 1 ?
.......,....day of
All IMMO 41111.1i
ft :':� �F?::,:,J:o-•�.,'.iJ..,F'.?'?9.f:}.:,:,::,:f�;.`., os3:s,;!!1» ,iESEz,,,,,:,,ES
..� 31 t c'i _: -_......«...»., 1941
/„ ..,..
;X -�7_�
otarq Public in and for Contra Costa County,'.
.....::#:.>:.#.::.:.::.:#s:......a.
Steffe of California.' �.,,::� ;,::::•:,.; " .:-::�� .�:..
EXPIKES JULY 116190