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HomeMy WebLinkAboutORD 077ORD 077ê79wV ×Pæ– ORD 114ANCE 140. 77 AN ORDINANCE OF THE CITY OF BALDWIN PARK ADDING SECTIONS TO THE MUNICIPAL CODE, WHICH SECTIONS REGULATE THE CONDUCT OF CERTAIN BUSINESSES THE CITY COUNCIL OF TIE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLCAVS SECTION 1: ADDING SECTIONS TO MUNICIPAL CODE. Chapter VII is hereby added to Article VI of the Baldwin Park Municipal Code, the sections of which shall read as follows: Chapter VII- Regulation of Certain Businesses SECTION 67Qp. Charity Solicitation; It shall be unlawful for any person to solicit, collect or receive money or property, or to solicit the sale of or to sell any article or thing or ticket of any kind where it is repre- sented that the proceeds of such solicitation and/or sale of any part thereof are to be used for the purposes of charity, relief or benefit without first obtaining and being the holder of a valid license so to do for each drive or campaign for funds or property. Such license shall be known as a lCharity Solicitation Licenser and shall be obtained through the License Collector. The fee for such license shall be and the same is hereby fixed in the sum of Twenty-four 024.00) Dollars unless waived by the Chief Administrative Officer. The foregoing license shall be required only of the person in charge of solicita- tions, but it shall be unlawful for any person to solicit as agent or servant or representative of an unlicensed per- son required under the provisions hereof to have such a solicitation license. SECTION 6"00.1. Same. Before any such license shall be issued,and as a condition to the issuance thereof, the person applying therefor shall file with the License Collector a sworn statement and post a copy thereof at the Chamber of Commerce Building in the City of Baldwin Park, the size of lettering on such copy to be not less than the type of an elite typewriter, and printed on paper 8.111 x 13'1 in size. Said statement shall contain the name of the person or organization or a brief description of the class of persons for whose benefit solicitation is to be made, person or organization and, if an organization, the names and addresses of its officers); the name of the person or persons who are to solicit; the total amount to be raised; the estimated total amount to be expended as compensation or reward for such solicitation, or the percentage of the total amount intended to be raised or realized in the drive or campaign such estimated total of expenditure represents; 1- ORD 077ê79wV ×Pæ– and the purpose for which the money or property derived from such solicitation is to be used, which statement shall be verified by the affidavit of the person, or chief officer of the organization, for whom solicitation is to be made, or if solicitation be for an unorganized class of persons, verification shall be made by the per- son in charge of such solicitation. This provision may be waived by the City Council upon good cause therefor being shown. SECTION 6700.2. Same. Before issuing a Charity Solicitation Licenset, the License Collector may make in- quiry of the applicant, or any other person, concerning the plan of solicitation, the disposition of the proceeds thereof, and the matters set forth in the sworn statement herein required, and, if upon such inquiry and/or from said statement, he has reason to believe that the method of solicitation and/or the disposition of the proceeds is or will be unfair, unjust, or inequitable, he shall refuse the license. SECTION 6700.3. Same. Any Charity Solicitation License' may be revoked or suspended by the City Council for any fraud or misrepresentation committed by the licensee or his agents in and about solicitation and, if in the judgment of the Council, any act committed or practice pursued in soliciting or the disposition of the proceeds is unjust, unfair or inequitable. SECTIOPI 6700.4. Same. In the event that the Chief Administrative Officer does not waive the fee as set forth in Section 6700 of this Chapter,.the applicant shall have a right to aipeal the decision to the City Council. The decision of the City Council shall be final. SECTION 6701. Garbage and Rubbish Collectors. As used herein, the term Garbage and Rubbish Collectors' means any person engaged in, conducting, managing or carrying on a business for profit of collecting, picking up or disposing of food stuffs unfit for human consumption, discarded organic material, garbage, combustible or non- combustible rubbish, ashes, waste material and refuse, but such term shall not include junk dealers'. SECTION 6'701.1. Same. The City determines that-the collection and disposal of garbage and rubbish is a matter for control and regulation because the collection thereof in a sanitary manner is necessary to protect the public health and safety. The City determines that, as a sanitary matter, regular, thorough and continued collection is neces- sary and to insure such regular, thorough and continued collection it is necessary to limit the number of persons, firms or corporations engaged in the garbage and rubbish collection business within the City. The City also deter- mines that, to insure regular, thorough and continued collection, a garbage and rubbish collector must make a reasonable profit from such business. 2- ORD 077ê79wV ×Pæ– SECTION 6701.2. Same. The License Collector may not issue more than one 1) license for each 2,500 per- sons who are residents of the City of Baldwin Park, as determined by the latest census of the City and, in ad- dition to such licenses, there may be one 1) additional license issued. SECTION 6701.3. Same. The rate for each license for and within the City of Baldwin Park is fixed and es- tablished as the sum of Four Hundred 01+00.00) Dollars. SECTION 61o1. Same. Each person, firm or cor- poration shall procure a separate license for each truck or each piece of pick-up equipment used by the licensee in the collection of garbage and rubbish within the City. Each licensee shall maintain not less than one 1) truck for each 2,500 or less residents served. Such license shall be prominently displayed in the truck or pick-up equipment of the licensee; provided, however, that said license may be transferred to another truck or piece of pick-up equipment in the event of substitution. SECTION 6701.5. Same. The issuance and transfer of all licenses shall be subject to review by the City Council. 21SECTION 6701.6. Same. Each garbage and rubbish collector shall have a fixed place of business. At such place of business, he shall maintain a telephone and the names and addresses of residents of Baldwin Park served. Such record of the names of residents served shall be open to inspection by the License Collector and shall be maintained for a period of not less than six 6) months. SECTION 6701.7. Same. Each truck or piece of pick-up equipment of a garbage and rubbish collector shall be maintained in a clean and sanitary condition and shall have prominently displayed on each side the name and address of the licensee and his telephone number. SECTION 6701.8. Same. It is hereby established that a maximum rate which will allow fair return to the collector shall be as follows:- Residential w1.75 per month for the collection of garbage semi-weekly and the collection of rubbish once a week. Commercial Maximum rates to be allowed for col- lection of garbage and rubbish from commercial establishments shall be fixed by the City Council after the collector and commercial concern shall make their recommendation to the Council. In the event that neither the collector nor the commer- cial concern shall request a fixing of rate by the Council, then the rate established by the parties concerned shall be prima facie evidence that the rate so determined is not excessive and provides a fair return to tine collector. 3- ORD 077ê79wV ×Pæ– SECTION 6701.9. Same. In the event a licensee shall fail for a period of seven 7) days to provide regular, thorough and continued collection service to the persons served by the-collector, then such failure to render service shall constitute grounds for the revo- cation of a license. The revocation of a license shall take place only after the licensee shall have received written notice at least five 5) days prior to any such hearing held for the purpose of revocation of a license. SECTIOiq 6702. Bankrupt, Assigned or Damaged Goods. It shall be unlawful for any person to advertise or conduct any sale of goods, wares-or merchandise, at re- tail, that is represented as Bankrupt, Insolvent, Assignee, Adjusters, Trustees, Executors, Administrators, Receivers, Wholesalers, Jobbers, Manufacturers, Closing Out, Liquida- tion, Closing Stock, Fire or Water Damage Sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting the sale is selling out or closing out the goods, wares or merchandise of any business for less than the current or going retail price thereof in the City of Baldwin Park without first filing with the License Col- lector the inventory hereinafter provided for the obtain- ing from him a license so to do, to be known as a 11-losing Cut Sale Lieenset. The fee for such license shall be and the same is hereby fixed as follows: For a period not to exceed thirty 30) days, Twenty-five 025.00) Dollars; for a period not exceeding sixty 60) days, Fifty $50.00) Dollars; for a period not exceeding ninety 90) days, Seventy-five $75.00) Dollars; provided that only one such license be issued to any one person within a twelve-monthst period, and no license shall be issued for less than thirty JO} days nor more than ninety 90) days. SECTION 6702.1. Same. The provisions of Section 6702 shall not apply to a bonafide closing out sale of merchandise by a person who has conducted said business for a period of one year immediately preceding said sale. SECTION 6702.2. Same. The inventory required by the preceding section 6`(02 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at such sale for which a license is hereby re- quired, together with the wholesale price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized and by affidavit at the foot thereof he or such agent shall swear or affirm that the information therein given is full and true and known by him or such agent to be so. It shall be unlawful to sell, SECTIw 67QM2-.3. Same. offer or expose for sale at any such sale, or to list an such inventory, any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, 4- ORD 077ê79wV ×Pæ– ORD. 77 or to make any replenishments or additions to such stock for the purpose of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the License Collector may ascertain the kind and quantity of goods sold. SECTION 2: EFFECTIVE DATE OF ORDINANCE. Pursuant to the provisions of Section 36937 of the Government Code, this ordinance shall take effect immediately, by reason of the fact that the ordinance is merely a re- codification of existing regulatory ordinances within the City of Baldwin Park, PASSED AND ADOPTED this 16th day of December 1957, by the following roll call vote: AYES: COUNCILMEN Bishop, Cole, Holmes, Stephens and Littleiohn TJOES CffiTNC I LTVIEN None ABSENT: COUNC I UvIEN None r R ATTEST-.,- CITY CLERK STATE OF CALIFORNIA. COUNTY OF LCS ANGELES ss. CITY OF BALDWIN PARK j 1, ELDIER COOK., being the duly elected and qualified Clerk of the City of Baldwin Park, hbreby certify that the foregoing ordinance was introduced at a Y w(w~ meeting of the City Co nc l, h al on 6hhe day o C~CIM~, 19~ and theft sa es` dt"~1'y Ndopted SEAL) CITY CLERK ORD 077ê79wV ×Pæ– VLLJINAINCI. 77 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF BALDWIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 18th day of December, 1957, I caused to be posted in three conspicuous places a copy of Ordinance No. 77, as required by law and the Baldwin Park Municipal Code. City Clerk BIB] 39007-U01 ORD-U02 077-U02 LI2-U03 FO94595-U03 FO94602-U03 DO94481-U03 C5-U03 ORDINANCES-U03 10/11/2006-U04 ROBIN-U04