HomeMy Public PortalAboutOrd. 0800
ORDINANCE N0. 800
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING THE TITLE
TO CHAPTER lg OF THE LYNWOOD CITY CODE TO INCLUDE
"PAWNBRO.KERS" THEREIN, TO AMEND SECTION 19,1 TO ADD THE
DEFINITION OF "PAWNBROKER" AND TO REDEFINE CERTAIN OTHER
TERMS, TO AMEND SECTION 19,4 OF THE LYNWOOD CITY CODE TO
REQUIRE PAWNBROKERS, JUNK DEALERS AND SECONDHAND DEALERS
TO RECORD AND REPORT TO THE CHIEF OF POLICE ON FORMS
FURNISHED BY HIM ALL GOODS OR THINGS RECEIVED ON DEPOSIT,
CONSIGNED, PLEDGED OR PURCHASED; AMENDING SECTION 19,5
OF THE LYNWOOD CITY CODE TO ESTABLISH RULES AND REGULATIONS
GOVERNING JUNK DEALERS AND PAWNBROKERS; AMENDING SECTION
19.7 OF THE LYNWOOD CITY CODE TO PROVIDE FOR COMPLIANCE
AND PROVIDING FOR CERTAIN EXCEPTIONS AMENDING SECTION
19,g OF THE LYNWOOD CITY CODE REGULATING HOURS OF BUSINESS;
AMENDING SECTION 20.112 OF THE LYNWOOD CITY CODE TO LICENSE
ALL LICENSEES ENGAGING IN JUNK BUSINESS AS JUNK DEALERS
AND REPEALING THE FOLLOWING SECTIONS OF THE LYNWOOD CITY
CODE: SECTIONS 19.2, 19,8, 19.12, 19.13, 19.14, 19.15,
19.16,,19.17, 19.18, 19.19, 18.20, 1.9.21, 19.22, 19.23,
19.24, 19.25, 19.26, 19.2'7; ARTICLE IV OF CHAPTER 19
CONSISTING OF SECTIONS 19.28 THRU 19.37.
Section 1. The 'title to Chapter 19 of the Lynwood City Code
is amended to read as follows:
"JUNK, SECONDHAND DEALERS AND PAWNBROKERS."
Section 2. Section 19.1 of the Lynwood City Code is amended
to read as follows:
"19.1., DEFINITION. For the purpose of this Part, certain words
and phrases shall be construed as herein set forth, unless it is apparent
from the context that a different ,meaning is intended."
_ Section 3. Article 1 of Chapter 19 of the Lynwood City Code is
amended to give a numbered and lettered subparagraph to each definition
of a word or term under Section 19 and to redefine said words o.r terms
as. follows:
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"lg.l-.A. "JUNK. As used in this article, "junk" means any and
all secondhand and used machinery and scrap iron, including automobiles,
tools, implements or ;o arts or portions thereof, and any and all secondhand
and used furniture or other personal property, other than live stock, or
parts or portions thereof.
"lg.i-B. "JUNK DEALER. (a) As used in this article, "junk
dealer" includes any person engaged in the business of buying, selling
and dealing in junk, any person purchasing, gathering, collecting,
soliciting or trammeling about from place to place procuring junk, and
any person operating, carrying on, conducting or° maintaining a junk
yard or place where junk is gathered together and stored or kept for
shipment, sale or transfer.
"(b) Exclusions; certain merchants. This article
shall not apply to any of the following:
(J_) Secondhand furniture merchants.
(2) Pawnbrokers.
(3) Secondhand car dealers or merchants in
connection with automobile and motor vehicle sales agencies but not
carried on and conducted in conjunction with a junk yard,
(4) Fersons engaged in the business of selling
new automobile tires or batteries or other equipment taking in part
payment used artic es of the same kind and tereaft..er selling or disposing
of the same.
(5) Secondhand oil well supply and equipment
dea'°rs not conducting or carrying on their business in connection with
a junk ,yard„
(6) Secondhand clothing merchants and ragpickers.
"(c) Exclusions; incidental sales. This article
shall not apply to any person who sells junk acquired in the conduct of
any 'business other than. that of junk dealer.
"lg.l-C. JUNK YARDo As used in this article, "junk yard" in-
eludes any yard, plot, space, inclosure, building or any other place
where junk is collected, stored, gathered together and kept
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"19.1-D. PAWNBROKER. Every person engaged in the business of
receiving goods in pledge as security for a loan is a pawnbroker within
the meaning of this division.
"19.1-E. PAWN SHOP is any room, store, building or other place
in which. any such business of a Pawn Broker is engaged.
"19.1-F. SECONDHAND DEALER. A "secondhand dealer" as used in
this article, means and includes any person., co-partnership, firm or
corporation whose principal business is primarily that of engaging in
buying, selling, trading, accepting for sale on consignment, accepting
for auctioning, or auctioning secondhand personal property, other than
a used car dealer,
"19.1-G. "BUY-FORM" is the name of the form furnished by the
Chief of Police to the licensee for the purpose of the recording and
furnishing by the licensee to the Chief of Police of the required
information relative to purchases, pledges or consignments.
"19>1-H. The definition of "junk Collector" is hereby repealed
for the reason that the definition of "junk dealer" as provided in Section
21601 of the Business and Professions Code includes any "person purchasing,
gathering, collecting, soliciting or traveling about from place to place
procuring junk,~~ PIe distinction is made in that code between a "junk
collector" and a "junk dealer," that is; the so called junk collector
has the same obligations and is under the same penalties as a person
operating, conducting or maintaining a junk yard or place where junk is
gathered together and stored or kept for shipment, sale or transfer,
under the provisions of the Business and Professions Code."
Section 4. Section 19.4 of the Lynwood City Code is amended
to read as follows:
"19.4-Ao BUY-FORMS. The Chief of Police shall cause to be
prepared from time to time such numbers of the "Buy-Form" referred to in
this Part as may be necessary in order to enable the respective licensees
under provisions of this Part to execute and file the same and shall
furnish such forms free to such licensees for the purpose of their complying
with the provisions hereof.
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"19.4-B. COPIES OF REGULATIONS. A copy of this Part together
with any amendment or amendments thereof shall be furnished each new
licensee upon the first delivery to such licensee of the "Buy-Form"
herei:nabove referred to, and such licensee shall be furnished with a
copy of any subsequent amendment or amendments to this Part that affect
the type of business of such licensee, A reasonable number of additional
copies of this Part and amendments thereof may be procured from the office
of the Chief of Police by any licensee upon request.
"1904-C. REPORTS. Every such licensee sYiali obtain from the
Chief of Police and
"Buy-Form" covering
three hours after t
~.icensee shall mail
"Buy-r^orm" together
business transacted
fill out and complete in quadruplicate, an appropriate
each day's transactions of such licensee Within
~e close of business of any business day, each such
or deliver to the Chief of Police the original
with two duplicate copies thereof, covering the
on such day.
"19,4-D. SAME. CONTENTS OF. The "Buy-Forms" referred to herein
shall contain a full, true and complete report cf all goods or things
.received on deposit, consigned, pledged, or purchased during the day
covered by such forms, and shall also contain such other information
as may be required by the Chief of Police and which, in the opinion of
said Chief of Police, considering the type of business of the licensee,
may assist in the detection of stolen property; provided, however, no
such report need be made by a pawnbroker concerning property or
merchandise acquired from another pawnbroker in a transaction involving
the purchase or other acquisition from the other pawnbroker of his stock in
trade or a substantial part thereof in bulk, where the other pawnbroker
has made the reports required with respect to that property or merchandise.
Every such. licensee shall enter or cause to be entered upon the "Buy-Form"
positive identification furnished by the seller, pledgemaker or consignor,
such as driver's license number, work badge number, auto or truck license
number, and junk collector's business license number, in addition to the
true name and address of the seller, pledgemaker or consignor. In lieu
of the positive identification mentioned above, such licensee shall
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require the seller, pledgemaker or consignor to furnish a plain impression
print of his right index finger, or next finger in the event of amputation,
upon the face side of the original sheet of the "Buy-P'ermo"
"19,4-E. SAPdE, COPIES Or^~ Every licensee shalt. preserve for
a period of at least two years the fourth, or quadruplicate, copy of the
"Buy-Form," provided for that purpose containing a carbon copy record
thereon of the original. writing made or caused to be made by the licensee,
the original of which has been furnished to the Chief of Police. Every
such record steal=_ be produced by the licensee for inspection by any peace
officer within such two year period, and any prcperty pledged, purchased
or received by such licensee which is described or referred to in any
such "Buy-Form" shall likewise be produced by such licensee for inspection
by the peace officer upon request, if such request is made within the
period during which the licensee is required hereunder to hold such
property,
"19.4-F. POLICE RECORDS. The Chief of Police shal_i maintain
a file consisting of the originals of all "Buy-Forms" received pursuant
tc the provisions of this Part for a period of at :Least two years after
receipt thereof, and-such "Buy-Forms" shall be open to inspection by any
peace officer.
"19.4-iz, ENGLISH LP.NGUAGE. Every such "Buy-Form," report or
record made by or through the licensee shall be written or printed
entirely in the English language in a clear and legible manner.
"1.9,4-H. CORRECT NAME. Every person making out any "Buy-Form,"
report shall sign his true name and give the true name and ccrrect
address of the licensee<
"19,4-I, DEIVTIFICAT'ION. Every person who sells, pledges, or
consigns any property to any licensee in the coarse of business covered
by the license of such licensee, shal:i ft.rnish on said "Bu.y-Form" report
or rece.rd, true positive identification to the licensee by which such
person can be .-iccated by the Ch1ef of Police. Such person shall also
sign his true name and a.ge and write or print his true address upon
the "Buy-Form" in the space provided for same at the same time such
business is transacted, Ne person shall sign a fictitious name or age
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or any other than his true name and age, or give any address other than
his true and correct address.
"19.4-J. SIGNA'TUREe No person shall write the name of any
other person as a signature to any "Buy-Form," report or reccrd, as all
such "Buy-Forms," reports and records shall bear as signatures only the
true names of the persons so subscribing the same.
"19.4-K. COMPLIANCE. No person shall. fail, refuse or neglect
to submit the "Buy-Forms" to the Chief of Police within the time required
by, and in full compliance with, the provisions of this Part, if such forms
have not been so submitted by some other person, and if' such person is:
(a) A person required- by this Part to obtain a license;
or
(b) A person in charge of the business of such person
required by this Fart to obtain.a license; or
(c) An agent or employee of such person required by this
Part to obtain a license; and the-duties of such agent c£ employee include
thie submission of such "Buy-Forms "
"19.4-L. JUVENILESe No licensee engaging in, managing, conducting,
or carrying on the business of a "Junk Dealer," "Junk Collector,"
"Second-hand Dealer," "Auto Wrecker," or "Pawn Broker," or his employee or
agent, sha.-il receive, buy, trade, exchange or otherwise acquire an interest
in any gocds or things, from any person under the age of 16 years, Any
statement to such licensee, employee or agent by a person under the age of
16 years to the effect that he or she is over the age of 15 years shall
not excuse such licensee or his agent or employee of such licensee from
any violation cf this section. "
Section 5> Section 1.9.5 of the Lynwood City Code is amended
to read as follows:
"19<5-Ae DISPOSITION OF METALS. A foundry or junk dealer
shall not melt, destroy, sell or otherwise dispose of any metal purchased
or received by such dealer which is, or by economically feasible repair
can be made, usable for the purpose for which it was originally designed,
until at least twenty-one days after making a report to the Chief of
Police, as required by the provisions of this Fart, that such metal has
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been re^.eived by such foundry o~^ junk dealer.
"19.5-B. RULES AND REGULATIONS GOVERNING JUNK DEALERS. The
following rules grid regulations shall govern junk dealersa
(1) Records; keeping; inspection, Every junk dealer
in the City is hereby required to keep a written. record of all sales and
purchases made in the course of his business. Such record shall be
exhibited on demand to any police officer of the City,
"1.9.5-B (2) RECORDS; CONTENTS. Every junk dealer shall set out
in the written record required by this article all of the feilowing:
(a) The place and date o£ each sale or purchase
made in the conduct, of his business of junk dealers;
(b) The name, address and occupation of each
person from whom junk is purchased or obtained, and the license number of
any motor vehicle used in transporting the junk to the junk dealer's
place of business;
(c) The names, address a.nd occupation of each
person to whom junk is sold or. disposed of, and the license number of
any motor vehicle used in transporting the junk from the junk dealer's
place of businesso
"19.5-B (3) RECORDS; PRESERVATION. Every junk dealer shall
preserve the written record required by this article for at least two
years after making the final entry of any purchase or sale of junk.
"!9.5-B (4) Every junk dealer shall report daily to the Chief
02 Police of the City of Lynwood on the "Buy-Forms" described in Sections
19.4-A, and 1.9.4-D all property received or purchased, in whatsoever
quantity received, including junk purchased at wholesale, junk taken in
for sale or possessed on consignment. for sale, and junk taken in trade;
provided, however, that no such report need be made conce~°ning junk
acquired from another junk dealer involving-the purchase cr other
acquisition from the other junk dealer of his stock irl trade or a substantial.
part thereof in bulk, where the other junk dealer has made the reports
required by this section with respect to that junk.
"19<5-B (5) (a) EXCLUSIONS: CERTAIN JUNK. This article shall
not apply to any of the following: rags, papers, boxes, bottles, sacks
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and metals ether than those described in Sections 195-B (5) (b) and
1g.5-B {6).
"1g~5-B (5) (bl All non-ferrous metals and nickel. alloys
(includi.ng Monel and Nickelcy) defined as Junk received or purchased shall
be held 21 days in the same condition as when received and shall be
open to public view.
"1905-8 (5) (c) Exceptions, Non-ferrous metals and nickel
alloys may be released or sold within 21 days of reporting to the Chief
of Police providing authorization has been received from the Chief of
Police. The licensee shall for a period of two years keep a record of the
destination and disposition of property released in this manner and such
record shall be made available for inspection of any peace officer.
Such authcrization shall not relieve the licensee of any responsibility,
in the event said property is later determined to be stolen.
°'195-B (5) (d) Whenever a license contracts to purchase scrap
metals from the responsible head of public a+,ility companies, airplane
factories, manufacturers of metal products or other prime "generators"
of metal products and the payment for such scrap metals is by check made
payable to the company involved, the holding and reporting provisions
set forth shall. not apply.
"19.5-B (6) The following ferrous metals defined as Junk
received or purchased shall be held 3 days after the report reaches the
Police Department. Such metals must remain in the same condition as when
received, and shall be open to public view during this holding period:
Fence material, pipe, chain, foundry castings, and cable.
"19.5-B (7) It shall be the responsibility of the licensee to
notify the Chief of Police in writing immediately of any change in
management or ownership or location
":i9<5-B (8) It shall be the responsibility of the licensee to
familiarize himself and his agents with all. the laws whether State or local,
relating to the Junk business.
"19,5-B (9) No storage facilities, other than. those approved by
the Chief of Police, shall. be maintained.
"19.5-8 (i0) All bicycles or bicycle parts received, purchased
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or disposed of (as junk) by a ]_icensee shall be recorded, repcrted and
held in accordance with instructions from the Juvenile Division of the
Poi.ice Department. Licensee, before dealing in bicycles or their parts,
shal]_ contact the Juvenile Division of the Police Department.
"19,5-B (11} A copy of these Rules and Regulations shall be
posted in a conspicuous place on the premises.
"1.9.5-C RULES AND REGULATIONS GOVERNING PAWN BROKERS. The
following rules and regulations shall govern pawn brokersm
"19=5-C (1) It shall be the responsibility of the licensee
to notify the Chief of Police in writing immediately of any change of
management, ownership, or business location.
"19.5-C (2) It shall be the responsibility of the licensee
to familiarize himself and his employees and agents with all the laws,
whether State or local, relating to the pawn broker business.
"]9.5-C (3) No storage facilities, other than those approved
by the Chief of Police, shall be maintained.
"195-C (4) Every pawnbroker shall retain in his possession,
after the date on which the loan became due and payable, clothing and
furs pledged to him for a period of four months, and every other article
pledged to him for a period of six months.
"195-C (5) A copy of these Rules and Regulations shall be
posted in a conspicuous place on the premises.
"19,5-C (6) Every pawnbroker shall report daily to the Chief
of Police of the City of Lynwood on the "Buy-Forms" described in Sections
19e4-A and 19vu-D all property received in pawn or purchased as secondhand
merchandise at wholesale, in whatever quantity received, including
property purchased as secondhand merchandise at wholesale, secondhand
merchandise taken in for sale or possessed on consignment for sale, and
secondhand merchandise taken in trade; provided, however, that no such
report need be made concerning property or merchandise acquired from
another pawnbroker in a transaction involving the purchase or other
acquisition from the other pawnbroker of his stock in trade or a
substantial part thereof in bulk, where the other pawnbroker has made the
reports required by this section with respect to that property or merchandise.
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"19.5-C (?) Every pawnbroker shall enter at the time of the
transaction, in a pawnbook kept by him for that pux°pose, the date, duration,
amount, and rate of interest of every loan made by him, an accurate
description of the property pledged, the name and. residence address of
the pledgor.
"19e5-C (8) Every pawnbroker shall produce his pawnbook, account
of sales, and ail pledged property, for inspection by the following
persons:
(a) Any officer holding a warrant authorizing
him to search for personal property.
(b) Any person appointed by the Chief of Police
of the City of Lynwood.
(c) Any officer holding a court order directing
him to examine such pawnbook, account of sales, or pledged property."
Section 6. Section 19.6 of the Lynwood City code to read as
follows:
"1906 EXCLUSIONSo BUY-FORMS, the provisions of this Part
requiring withholding and the making and filing of "Buy-Forms" shall not
be deemed to apply to:
A~ The purchase or sale by Junk Dealers of rags,
papers, boxes, bottles, sacks and metals other than those described
in Sections 19.5=B (5) (b) and i9.5-B (6), shoes, lamps, stoves or
household furniture (with the exception of sewing machines, televisions,
radios, and alT musical instruments, or any item or items to which the
manufacturer thereof has assigned a serial number},
B. The purchase or sale by Second-hand dealers of
household furniture (with the exception of sewing machines, televisions,
radios, all musical instruments, typewriters, or any other item or items
to which the manufacturer therecf has assigned a serial number),
C~ The receipt or sale of a second-hand article by
any person who received such second-hand article as part payment of a
new article, if such person is the authorized representative or agent
of the manufacturer of the new article soldo"
Section 7. Section lg.? of the Lynwood City Code is amended tro
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read as follow„:
"19.7 COMPLIANCE. No person engaged in conducting any business
affected by or to which this Part relate
"Buy-roan," statement or report required
mangy^.er, at the time, and in all respects
conformity with the requirements of this
record or records herein required in the
by this Part,"
s, shall fail to make or file any
hereunder, in the form, in the
as required by and in full
Part; or fail to keep the
form and in the manner required
Section 8. Section 1g.9 of the Lynwood City Code is amended to
read as follows:
"19.g HOURS OF BUSINESS. No person engaging in any business
defined ir, this Part shall accept any pledge of, or loan money upon
'personal property, o.r purchase or receive any goods, or any article or
thing, or engage in or conduct any such business in any manner:
(a) Between 7:00 o'clock P,M. and 8:00 o'clock A.M.
on any day from Monday to Saturday, inclusive;
(b) Between '7:00 o'clock P,M~ Saturday and 8:00 o'clock
A.M. of the following Monday, except however, that any such place of
business may be kept open between 7:00 o'clock P,M. and 9:00 P.M. on any
day from Monday to Saturday, inclusive, provided that the only business
done therein during. such overtime hours be that of selling goods or
other personal property;
(c) On any of the following holidays: New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and
Christmas; except, however, that from December 14th to December 24th,
inclusive, excluding Sundays, any such place of business may be kept
open until lO:OC o'clock P,M., pro~rided the only business done therein
during such overtime hours be that of selling goods or other personal
property."
Section 9. Section 20,112 of the Lynwood City Code is amended
to read as follows:
"20.112 JUNK COLLECTORS. In as much as the classification of
"junk collectors" has been eliminated from the Lynwood City Code by the
repeal of the definition of "Junk Collector" by Section 19.1-H of the
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Lynwood City Cede the bus:_ness of a junk collector is no longer recognized
he being included in the definition of a junk dealer by Section 21601 of
the B~_isiness and Professions Code, All licensees who have prior to the
effective date of this ordinance paid the license fee of $100 for the
calendar year and who have been licensed as junk collectors shall be
permitted to continue business under This classification until the end
of the calendar year during which this ordinance becomes effective;
provided that thereafter they shall be licensed as "junk dealers" in
accordance with the provisions of Sectio_r, 20.113 of the Lynwood City
Codee"
Section 10. Sections 19.2, 19.8, 18.12, 19.13, lg.l4, 19.15,
19.16, 1917, 19.18, 1.9.18, 19.20, 19.21, 19.22, 19°23, 19.24, 19.25,
19,26, 19,27; Article IV of Chapter 19 consisting of Sections 19.28 thru
19.37 are hereby repealed.
Section 11, The City Clerk is hereby ordered and directed to
certify to the passage oY this ordinance and to cause the same to be
published once in the Lynwood Press, a newspaper of general circulation,
printed, published, and circulated in the City oY Lynwood
First read at a regular meeting of the City Council of said
city held on the 3rd day of May 1966, and finally
adopted and ordered published at a regular meeting of said Council held
on the 17th day of May 1.966, by the following vote:
Ayes: Councilmen Byork, Duncan, Siokos, Smith, Stevens.
Noes: Councilmen None.
Absent: Councilmen "'""
ATTEST:
~Cit'y Clerk, City o Lynwood
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said
city, do hereby certify that the above is a true and
correct copy of Ordinance No. 800 adopted by the City
Council of the City of Lynwood, and that same was passed
on the date and by the vote therein stated.
Dated this 18th day of May , 1966
CITY CLERK, CITY OF LYNWOOD