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HomeMy WebLinkAboutOrd 442-1959 ORDINANCE NO. ~442 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING JUNK COLLECTORS, PROVIDING FOR REVOCATION OF PERHITS, AND PENALTY FOR VIOLATION. The City Council of the City of South San Francisco does ordain as /:ollows: l. DEFINITION: The ter~s defined in this section shall be for use in interpretin~ and applyins this ordinance and other related ordinances of the City of South San Francisco. (a) Junk shall be de/:ined as and mean rags, bottles, sacks, cans, papers, metals or any other worn out or discarded materials. (b) Junk Collector shall be-de/:ined as and mean any person, persons, firm, partnership, association or corporation acting /:or temselves or as contract agents or employees to collect from any one place or goes from place to place for the purpose of engag/mg in or carrying on the business o/: collecting, buying or selling either at whole° sale or retail any or all of the items heretofore de/:ined as J. unk. 2. UNLAI/F~ TO COLLECT t/ITHOUT PEItl/IT: It shall be unlawful for any person, persons, firm, partnership, association o~ corporation to collect junk from any one place or engage in the business of junk collector in the City of South San Francisco without first previously obtaining a permit from the City /:or that purpose as hereinafter pro- vided. Failure to obtain a permit as required by this section is a misdemeanor punishable as hereina/:ter provided. 3. PEItKJ[TS, APPLICATION FOR: Application for a permit to collect junk in the City of South San Francisco must be made in writing and signed by the applicant and must show the following: (a) The name, address and telephone number of the applicant. (b) The type, kind, make and California State License number of each truck or vehicle to be used by applicant in the collection and/or transportation of junk. (c) Address of the place where records will be maintained of the purchase and sale of Junk collection available for inspection by City. Applicant shall deposit with the City Clerk of · said City the business license fee required for junk collector by Ordinance No. 261 of the City of South San Francisco and the City Clerk shall issue the permit and busi- ness license if applicant has complied with the terms of this Ordinance and other applicable ordinances of said City. 4. CO~.n~CTION OF JUNK TOGETI~R WITH OTMER MATE- RIALS PROHIBITED: It shall be unlawful for any person, persons, firm~ partnership, association or. corporation or any of the same engaged in the business as junk collectors in the City of South San Francisco to collect in the same vehicle or container or place in the same vehicle or con- tainer or collect from the same vehicle or container at any place or places junk and garbage and/or waste or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof as offensive or useless or no longer desired by said owners or producers and which by their presence and accumulation m~] injuriously affect the health, comfort or safety of the community by increasing diseases or hazards by fire. Amy person, persons, firm, partnership, association or corporation or junk collectors who collect junk shall inspect it and shall not collect it unless it is free of garbage or waste or matter and mate- rials which are rejected, abandoned or discarded by the owners or producers thereof as offensive or useless or no longer desired by said owners or producers and which by their presence and accumulation may injuriously a£fect the health, comfort or safety of the community by increas- inS diseases or hazards by fire. Should any person, persons, firm, partnership, association or corporation find in the same container with junk any garbage or waste or junk and matter and materH&ls which are rejected, abandoned or dis- carded by the owners or producers thereof as offensive or useless or no longer desired by said owners or producers and which by their presence and accumuL~tion may injuriously affect the health, comfort or safety of the comity by increasing diseases or hazards by fire. he shall separate it. or cause it to be separated, at its site prior to collecting the junk leaving at the site the garbage or waste or junk and any and all matter and materials which are rejected, abandoned or discarded by the owners or pro- ducers thereof as offensive or useless or no longer desired by said owners or producers and which by their presence and accumulation may injuriously affect the health, comfort or safety of the co-~m,qity by increasing diseases or hazards by fire. Failure to comply with the terms of this section shall be a misdemeanor punishable as hereinafter provided and cause for revocation of permit and cancellation of business license and forfeiture of fees as hereinafter pro- vided, 5. TRANSPORTATION OF ~JNK TOGETHER WITH OTHER MATERL4LS PROHIBITED: It shall be unlawful for any person, persons, firm, partnership, association or corporation to transport or carry on, along or over the streets, alleys and ways of the City of South San Francisco in any vehicle or e container any junk and garbage or waste or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof as offensive or-useless or no longer desired by said owners or producers and which by their presence and accumulation may injuriously the health, comfort or safety of the co~nity by increasing diseases or hazards by fire. Failure co comply with the Cez~s of this section shall be a misdemeanor punishable as hereinafter provided and cause for revocation and cancellation of business license and forfeiture of fees as hereinafter provided. 6. COLLECTION; TRANSPORTATION OF GARBAGE; REFUSE I~ROTHERNATTER PROHIBITED: Unless duly authorized by theCity Council of the City of South San Francisco it shall be unlawful for any persons persons, fira~partnership, asso- ciation or corporation licensed as a junk collector othe~wise to collect from a place or places in the City of South San Francisco or to transport or carry on, along or over the streets, alleys or ways of the City of South San Francisco in any vehicle or container garbage; refuse; waste; or matter and materials which are rejected, abandoned or discarded by the owners or producers thereof as sive or useless or no lonser desired by said owners or producers and which by their presence and accumulation may injuriously affect the health, comfort or safety of the comapdnity by increas£ns diseases or hazards by fire. Any violation of the terms of this section shall be a misde- meanor pun£sbable as hereinafter provided and cause for revocation of permit and cancellation of business license and forfeiture of fees &s hereinafter provided. 7. REVOCATION OF PERHIT AND FORFEITURE OF BUSI- NESS LICENSE: Failure to carT on, maintain and conduct the business of junk collector as herein provided and viola- tion of any or all of the provisions set forth in Sections 4. 2, 3, 4 or 5 shall be good and sufficient cause for the revocation of the permit to operate as a junk collector in the City of South San Francisco. In the event that it shall appear to the City Council of' said City that any permittee has failed Co comply with the provisions of Chis Ordinance or has violated any of the terms of Chis Ordinance, said City Council shall fix date for hearing the charges for violation and shall give Co such permictee five (5) days notice of such hearing. If upon such hearing the C£Cy Council finds ChaC said permiCtee has failed Co comply with the pro- visions of this Ordinance or has violated any of its terms, said permit shall be revoked. Upon ordering the revocation of the permit, the permiCtee shall forfeit the business license and all license fees paid by permiCtee to the City. 8. PENALTY FOR VIOLATION: Any person, persons, firm, partnership, association or corporation who shall violate any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine hOC exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Every day any viola~ion of chis Ordinance shall continue shall constitute a separate offense. 9. This Ordinance shall be published once as required by law and shall Cake effect and be in force following ~he expiration of thirty (30) days from and after the date of its adoption. * * * * * In~=educed chis 21st day of September, 1959. Passed and adopted as an ordinance of the City of Sou~h San Francisco at a regular meeting of the City Council of the City of Sou~h San Franciaco this 5th day of October 1959, by the following vote: AYES, COUNCILMEN Andrew Rocca, G. J. Rozzi, Emilio Cortesi, Leo J. Ryan and Patrick E. Ahem NOES, " No ne ABSENT, " None ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 5th day of October 1 ~