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HomeMy WebLinkAboutORD 007ORD 007ê79wT ×Pëý ORDINAYCE NO. 7 ORDINANCE Oil THE CITY COUNCIL OF Ti-Ti;,' CITY OF DALDWTN PARK ADDI'dG A h'_a- S1'C2ION TO THE SALJn.JIN PA?K MUNICIPAL CODE TO Si, KNOWN r:S SECTION 6128.611, PROVIDING FOR TIE LICENSING OF US.-,D CAF DELERS; AND A;'-IENDIMG SECTION 6128.12 PROVIDING FOR TIM LICw.'iSht,1G OF AUTOij'iOi3IL ACC'ESSORIE'S r~JI-IOLL'S_!LLi~ DELIVERY. TI E CITY COUNCIL OF TITEE CITY OF BALD1rJN PAhK DOES ORDAIN AS FOLLOWS SECTION l. Section 6128.12 is hereby amended to read as.follows: 6128.12. Automobile Accessories Wholesale Delivery. For every person enga;ed. in the business of selling automobile access- ories at wholesale delivery b~l a vehicle to concerns in the City of Bat dwin Park, the sum of $24.00 per annum, or fraction thereof." SECTION 2. A new Section is hereby added to the Baldwin Park lunicipal Code to be known as Section 6128.611, and to read as follows: 6128.611. Used car dealers. 1) Definition, Used Car Dealer. Used car dealer" means any person engaging in, conducting, managing, or carrying on the bus- iness of buying, selling, or offering for sale, consigning to be sold, or othenrise dealing in motor vehicles as the term motor vehicle" is defined in the State Vehicle Code, which have either been registered or have been driven one hundred miles or more. 2) License Required. Every used car deal-^r shall pay a license fee of fifty dollars 50.00) per annum or fraction thereof. 3) Dealer's Certificate. A license shall not be granted to any used car dealer unless he has a dealers certificate issued pur- suant to the provisions of Section 206 of the State Vehicle Code. A license issued to a used car dealer is good only while he has such a certificate, and shall be automatically revoked without notice should such certificate be revoked, or 5" at any time such used car dealer does not have such certificate. 4) Undertaking Required. A license shall not be issued to any used car dealer until he files with the City Clerk an undertaking approved btr the City Attorney in an amount not less than five thousand dollars 35000.00) conditioned that the used car dealer shall deliver a clear title to any used motor vehicle, harts, tires or accessories, to any person entitled thereto within twenty-one 21) days, after final payment has been made, and that in case of any breach thereof any per- son injured thereby may recover from the principal and sureties upon such undertaking. The undertaking shall provide that it is not void upon the first recovery but may be sued and recovered upon from time to time by any person aggrieved, until the whole penalty is exhausted. ORD 007ê79wT ×Pëý Page 2 5) Requirements of Undertaking. Either a corporation complying with each and every provision of Section 10 of the Code of Civil Procedure, or not less than two good and sufficient sureties, each of whom complies with each and every provision o£ Section 1057 of the Code of Civil Procedure, shall become surety or sureties on such undertaking. Keeping Undertaking in force and effect. A license issued to a used car dealer is good only while the undertaking provided for in this article is in full force and effect. Such license shall be automatically revoked without notice if at any time such undertaking is not in full force and effect. New Undertaking. If a new undertaking acceptable to the City Council is filed before cancellation or expiration of the old one becomes effective, then the license will continue in full force. 6) Advertising Car on Premises. A used car dealer shall not advertise In any newspaper, or through any other medium, that he has for sale any motor vehicle which motor vehicle is not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium. 7) Advertising License Number. Whenever any used car dealer in any advertising medium advertises any specified motor vehicle, he shall include in such advertising the current license number of such motor vehicle. 8) Advertising Withdrawal. Within twenty-four 24) hours after any motor vehicle has been sold the used car dealer shall withdraw any advertise- ment from any newspaper or other medium in which such motor vehicle was advertised by him for sale. 9) Records. The records and books of ail car dealers shall be open at all times to the Chief of Police to determine whether or not the used car dealer has complied with all of the provisions of this Ordinance. 10) Place of Business. Every used car dealer shall have a fixed place of business. At such place of business he shall dsiplay prominently his name, his state certifla_cate number, and his city license number. SECTS ON 3 This Ordinance is hereby declared to be for the immediate preservation of public peace, health and safety. A declaration of the facts constituting its urgency is as follows: The City of Baldwin Park was incorporated on January 25th, 1956• Prior to that time the area encompassed in said city was covered by the ordinances of the County of Los Angeles. Upon the incorporation of said city said ordinances no longer had any effect upon or application to persons or property within the City of Baldwin Park. It, therefore, was necessary to immediately enact Ordinance No. 1 in order to prevent complete chaos within the City of Baldwin Park as there would have been no restraint upon persons in respect to any of their personal actions or in regard to the use of their property. This ordinance as amending and addint to Ordinance No. 1 must for the same reasons take effect immediately; to wait the thirty-day pex~ od would cause chaos within the City of Baldwin Park as there would be no restraint upon persons in regard to any of their personal actions or in regard to the use of their property. ORD 007ê79wT ×Pëý Page 3 The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be pub);ched or posted in the manner required by law, and this Ordinance shall take effect immediately upon its adoption. PASSED AND APPROVED this 20th day of February, 1956. Mayor o the of d Park ATTEST City 6r c of e City of Bald-win Park ORD 007ê79wT ×Pëý ORD. NO. 7 AFFIDAVIT O POSTING BY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANCEIES ss CITY OF BALD6,1IN PARK Elmer Cook, being duly sworn, deposes and says: That I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 2nd day of March 195 6 I caused to be posted in three conspicuous places a copy of Or nance No. i as required by law and the Baldwin Park Municipal Code. fImer ook Subscribed and sworn to before me this day of, 195 s/` Notary Public in and for s ountXy Cpmmissidh Fxp?fes Marcl S, 4iP and State. BIB] 39007-U01 ORD-U02 007-U02 LI2-U03 FO94595-U03 FO94601-U03 DO94686-U03 C5-U03 ORDINANCES-U03 10/16/2006-U04 ROBIN-U04