HomeMy WebLinkAboutOrdinances - No. 237ORDINANCE NO. 23Z
AN ORDINANCE FtEGULATING TRE MANNER OF
CONDUCTING TRE BUSINESS OF PAWN BROKERS,
JUNK DEALEELS AND DEALEFS IN SECOND HAND
GOODS, WARES, MERCHANDIS OR COMMODITIES;
AI?D PROVIDING A PENALTY FOR TEE VIOLATION
OF TIIIS ORDINANCE
The City Council of the City of Lodi does ordain as follows:
SECTION 1. It shall be unlawful for any person, firm, co-partnership
or corporation to open, keep open or allow to be kept open, any store, shop or
place for the transaction of any business of, or the business of, a pawnbroker,
junk dealer, or dealer in second hand goods, wares, merchandise, or commodities
other than household furniture and automobiles, or to maintain, conduct or
transact the business of a pawnbroker, junk dealer or dealer in second hand goods,
QmreS, merchandise or comodities other than household furniture or automobiles:
except as herein provided.
SECTIOIJ 2. Whehenever it shall appear by the oath of the person claiming
to be the owner thereof that certain of his property has been sold by Gother
without any authority to any person, firm or corporation conducting any of the
above named businesses and the person claiming to be the owner of such property,
files a complaint in a court of competent jurisdiction against the person so
pawning or selling the same, charging such person with the crime of which he is
alleged to be guilty, it shall be the duty of the Chief of Police to make an
investigation concerning the ownership of the property described in said complaint
and to determine that no collusion exists between the claimant and the persons
who pawned or sold the same.
claim to the property described in said complaint is the lawful owner of such
property and entitled to its possession, he shall notify said person, firm
or corporation of his findirigs and it shall be the duty of such persons, firm or
corporation to return to the owner thereof, without charge or expehse of any kind,
any property received from a person not authorized to sell the sameT and a failure
so to do will be sufficient grounds upon which to cancel the license and revoke
the permit to do business of said person, firm or corporation.
that before any license shall be cancelled for the failure to return property
Upon his findkng that the person who makes the
Provided, however,
claimed by a third person, written charges shall be preferred against the holder
of said license, and the matter shall be heard and determined by the City Council,
at which hearing all parties interested therein may appear and present testimony
in support of their respective contentions.
SECTION 3. All persons, firms or corporations conducting any of the
above named businesses must keep a register such as prescribed by Section 339 of
the Penal Code of the State of California. The record of each transaction written
in said register must for a period of six months be kept open to inspection of
any peace officer and must be numbered and tag corresponding to said number must
be firmly attached to the $rticles purchased or pawned. All articles purchased
by owners or keepers of said businesses must be held for a period of at least
fifteen days from the date of purchase intact in a particular place in the place
of business designated for that purpose before the same shall be sold. All
property purchased shall, upon demand, be shown or exhibited to any Sheriff,
Police Officer, Constable or other peace officer, and shall not in any manner be
concealed.
If the purchase consists of several different articles, when same are
distributed to various parts of the place of business for sale, each article shall
bear the number corresponding to that in the said register, except in the case of
j-r
SECTION 4. A violation of any of the provisions of this ordinance shall
be and constitute a misdemeanor and shall be punished by a fine of not exceeding
three hundred ($300.00) Dollars, or by imprisonment in the City or county Jail
for not exceeding three (3) months, or by both such fine and imprisonment.
This ordinance &all be published once in the Lodi Newsdentinel and
shall be in force and effect thirty days after its final passage, adoption and
publication.
Approved this 29th day of March , 1937.
l' Mayor.
ATTEST:
c
I
I, J. 3'. BLAE;ELY, City Clerk of the City of Lodi and ex-officio
Clerk of' the City Council thereof do hereby certify that the
foregoing Ordinance No. 237 was regularly introduced at an adjourned
regular meeting of said City Council held on the 22nd day of'
&rub , 1937 and ms thereafter, on the 29th day of
March 1937, finally passed, adopted and approved by the
following vote:
AYES: Councilmen, Graffigna, Weihe, Clark, Spooner and Steele
NOES: Councilmen, None
ABSENT: Councilmen, None