APPROVED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCILMAN

rlv1l 0
a

ORDINANCE No

AN ORDINANCE
ARTICLES
CODE

9 AND

RELATING

COLLECTORS
PEDDLERS

The

AMENDING

PORTIONS

OF

CHAPTER

am

ct

10 OF THE OAKLAND MUNICIPAL

SCRAP DEALERS
SCRAP

TO

PAWNBROKERS

AND

JAF

C M 5

AUCTIONEERS

SOLICITORS

Council of the

City

of Oakland does

ordain

as

follows
SECTION 1
Code

Municipal

The
are

following

amended

sections of the Oakland

as
follows

to read

5 9 01
DEFINITIONS
For the purposes of
certain words and phrases are defined
and
certain provisions shall be construed as herein set out
unless it shall be apparent from their context that a
different meaning is intended
Sec

this

Article

Pawnbroker

a
or

corporation

other

than

shall

include

banks

trust

every person

companies

or

firm

bond

brokers who may otherwise be regulated by law and authorized

to deal in commercial papers
bonds and
shares of stock
other certificates of value
who keeps a loan or pawn office
or
engages in or carries on the business of receiving

jewelry

valuables
or
firearms
clothing
any other article or articles in
loans or as security
or in pawn for
the repayment
and exacts an interest for such loans

precious

personal property

pledge

for

of monies

every

person

buying

who

selling

platinum

jewelry

or
or

stones
or

Secondhand Jewelry Dealer

shall include
engages in or conducts the business of
or

exchanging

old

articles of platinum
other precious metals

gold

old

silver

silverware
or

Secondhand Dealer
in
or conducts

secondhand

stones

shall

include every
business of buying
selling or exchanging whether as a separate business or in
connection with other businesses
secondhand or rebuilt
secondhand
typewriters
adding and calculating machines
bicycles
bicycle accessories
motorcycles motorcycle
accessories
scales
tools
harnesses
clothing
surgical
dental or drawing instruments
firearms
pianos or other
musical instruments
furniture
household furnishings
books
used and reclaimed army goods
or any
merchandise
other secondhand article or articles or
things
excepting
however
secondhand jewelry dealers
secondhand automobile
or
aircraft parts dealers
scrap collectors and scrap
dealers as herein defined nor shall it pertain to automobile
c

person

who engages

wrecking

establishments

as

herein

the

defined

and

provided

670
600

242

151

further
that nothing in this Article shall be understood
include as secondhand dealers
persons who engage in the
business of selling no other secondhand goods or articles

to

than those used and reclaimed

rebuilt or remanufactured
articles or goods which are purchased
by such dealer direct
from bona fide wholesale dealers
jobbers or manufacturers
or
from distributing agents of the United States Army or

Navy
d

Exchange Dealer shall include every person

in or conducts the business of accepting
secondhand articles in full or
partial payment for any other
article or articles carried as stock in trade by such person
and shall include the
acceptance of any article in full or

who

engages

partial payment

for any rebuilt or remanufactured article of

similar or different nature
This section shall not apply
to dealers whose principal or
primary business is retailing

or

wholesaling

merchandise

new

Secondhand Automobile or Aircraft Parts

include any person operating
maintaining or
carrying on the business of buying and selling or exchanging
secondhand
used
government surplus
reclaimed
salvaged
or renewed automobile
or aircraft
parts or accessories
e

Dealer

shall

Automobile Wrecking Establishment

shall
establishment
building or other place where the
business is carried on of wrecking old or used automobiles
or other motor vehicles
and adding or employing the accessories
and parts thereof in
equipping
repairing or rebuilding mo tor
or
vehicles
or otherwise
storing
selling
disposing of
such accessories or parts
include

any

Auctioneer

shall

at

agent

to

of

sale

article

for

precious

Jewelry Auction
of any platinum

sale
stones

semi precious

jewelry by public outcry

stated

and

price

an

accepter

known

as

Selling

or

any

having
carrying

wholesale

fixed
the

on
or

j
or

from

carrying

ei ther

the

an

at

Sale

include
silver

any

gold
stones

watches

or

any

sale

plated

or

ware

other

highest bidder or at a
successively or gradually

or

Dutch
of

Sale
like

Down hill
similar nature

or

or

shall include any person

Scrap Dealer
place of business and who is engaged in

business

retail

of

buying

any old rags

any other worn
are

the

at wholesale

business
or

of

retail

or

selling

bottles
out

hereinafter

Scrap Collector
place to place for

on

Chapter

the

metals
or
papers
any
material
All such materials
cans

shall

who

person

principal or
or by any method

accepter

other method

metals
or
papers
All such materials

who goes

every
as

or
or
at
purchaser is found
addition of other merchandise until
or by what is
purchaser is found
commonly

Auction
or

to

thereafter

prices until
stated price and

lower
a

include

described in Section 5 9 161 of this

of merchandise or property
h

offer

shall

public outcry offer for sale

the highest bidder on the spot

or

the

as

material
scrap

any person
of engaging in

purpose

any old rags

other worn out

Ilscrap

to

include

collecting

are

at

cans

discarded

referred

shall

either

sacks

buying

or

sellinCj

bottles
or

hereinafter

sacks

discarded
referred

to

as

Sec

unlawful

for

conduct

or

PAWNBROKERS

02

PERMITS

It shall

or
any person to engage in
carryon
to permit to be carried on
engaged in

conducted

the

or

of any
within
City
whether
as
a
or
in
pawnbroker
connection
separate business
with any other business
or
to advertise the same by means
of signs or notices on
or
buildings or windows
by
distribution of printed circulars or by public display
or
in any

otherwise
valid

of Oakland

be

or

manner

whatsoever

therefor

the business

there exists

unless

permit
granted
existing
compliance
Both the
provisions of Article 2 of this Chapter
for
such
a permit
and
issued
the
application
permit shall
with
set

and

in

the

forth

the

In addition

exact nature
the

in

specified
application

of the

application

Section

02

business

shall

set

carried

to be

forth

of this

on

the

requiremen1

and

such

Chapter
accompanied by the signatures of three
3
resident freeholders
certifying to the good moral
character and reputation of the person or persons making
such application
At the time of filing such application
the applicant and all persons to be directly or indirectly
interested in the permit if granted
including all members
of
firm
or
shall
be
any
partnership
fingerprinted at the
shall

be

request

and

been

of the Police Department

convicted of a felony or any

crime

obtaining
stolen

property by

or

money

false

if

such

any

person

has

theft

involving
receiving

pretenses

embezzlement
extortion
or has violated
or
other
Article
law regulating
any provision
any
the
for
such
pawnbrokers
application
permit may be denied

property

of this

30
approximately thirty
days are required to
to
the taking of
application subsequent
The
official
referred to in
fingerprints
investigating
Section 5 2 03 of this Chapter
to whom the application

Normally

the

process

shall

be

referred

addition

the

to

any
Chapter
of the Chief
stolen

permit

such article

has

or

article
as

Sec
SECONDHAND

for

conduct

or

be

revoked
in

there

021

his

her

possession

been made

this Article

SECONDHAND

EXCHANGE

the

or

having

in

of this
recommendation
fact that such

the

upon

establishing

JEWELRY

any
record of

provided

DEALERS

PERMITS

DEALERS

In
07

It shall

or
any person to engage in
carryon
to permit to be carried on
engaged in

within

secondhand

jewelry

any

the Chief of Police

forth in Section 5 2

hereinafter

conducted
dealer

be
set

had

without

DEALERS

unlawful

may

of Police

has

permittee

shall

grounds

whether

as

other business

of Oakland

be

or
or

business of any
City
secondhand dealer
or
dealer
exchange
a
in
business
or
connection
with
separate

the

or

to advertise

the

the

same

by

means

of

or
notices on buildings or windows
signs
by distribution
of printed circulars
or
or otherwise
in
by public display
unless there exists a valid permit
any manner whatsoever
therefor
granted and existing in compliance with the
Both the application
provisions of Article 2 of this Chapter
for such a
the
shall
and
issued
set forth the
permit
permit
exact nature of the business to be carried on
In addition
the application shall set forth the requirements specified
in Section 5 2 02 of this Chapter
and such application
or

shall

be

accompanied by
certifying

freeholders

the
to

signatures of
good moral

the

three

character

residen1
and

reputation
At the
all

of the person or persons making such application

time of filing such application
the applicant and

persons

to be

directly

or

indirectly

interested

in

the

permit if granted
including all members of any firm or
shall be fingerprinted at the request of the
partnership
and if any such person has been convicted
Police Department

of

felony

or

any crime

or

property

by

false

involving theft obtaining money

receiving stolen property
extortion
or has
embezzlement
violated any provision of
this Article or any other law regulating secondhand dealers
secondhand jewelry dealers
and exchange dealers
the
for
such
application
permit may be denied
Normally
approximately thirty 30
days are required to process the
The
application subsequent to the taking of fingerprints
referred
in
Section
5
2
03
of
this
to
investigating official
to
whom
the
shall
be
referred
shall
be
Chapter
application
the Chief of Police
In addition to the grounds set forth
in Section 5 2 07 of this
any permit may be revoked
Chapter
the
recommendation
of
the
upon
Chief of Police establishing
the fact that such permittee has
or has had in his
or her
stolen
article
without
there
been
made
possession any
having
a

record of such

pretenses

article

in

hereinafter

as

this Article

provided
Sec
PERMITS

13

It shall

be

or

or

SCRAP

DEALERS

unlawful

conduct

or

AND

SCRAP

COLLECTORS

for

in

any person to engage

to permit to be carried on

carryon
or conducted
in
within the City of Oakland
the
business of a scrap collector or a scrap dealer as defined
and
of this Article unless there
in Section 5 9 01 i
j
exists a valid permit therefor
granting and existing in
with
the
of
Article 2 of this Chapter
compliance
provisions
The investigating official referred to in Section 5 2 03 of
this Chapter
to whom the application shall be referred
shall be the Chief of Police
This section shall not apply
to the collecting
or
buying
selling of aluminum cans for

engaged

the

sole

purpose of
5

Sec
APPLICATION
or

to

No

recycling

131

permit

DEALER

shall

be

collector

scrap
the application

unless

SCRAP

signatures

and addresses

AND

granted
in

provided

as

for

is

permit

of three

SCRAP

COLLECTOR S

scrap dealer
Section 5 9 13
to

the

accompanied by

freeholders

resident

certifying to the good moral character and reputation of the

At the time of filing such
person making such application
the
all
and
application
persons to be directly or
applicant
the
interested
in
business
if the permit is
indirectly
be
the
shall
at
granted
fingerprinted
request of the
Oakland

Police

convicted of

obtaining

and

Department

felony
or

money

or

any

property

if

by

such

person has
involving theft

any

crime

false

pretenses

stolen

embezzlement
extortion
property
of
Article
or
this
any provision
any law
or

secondhand

permit may

days
the

Normally
required to process the
taking of fingerprints

Every

14

SCRAP

person

DEALERS

engaged

violated

regulating scrap
application for such
30
approximately thirty
application subsequent to

be denied

Sec

receiving

has

the

personal property

are

RECORDS

or

been

in

AND

SCRAP

carrying

COLLECTORS
or

on

conducting

the

business of scrap dealer or scrap collector referred to

in Section 5 9 13 of this Article shall keep
or
cause
to be
such
of
a substantial
well
bound
at
business
place
kept
book

and

shall

promptly

enter

therein

an

exact
her

of

of business

the

personal property purchased by him or

the name and residence or place
purchase

description

of all

person

prominent
property
notes

ink

made

and

in

from
marks
said

whom

purchased

all

be

neatly

and

and

English language

be

found

clean

legibly

such book

date
of

and

particular

of identification that may

book shall be kept neat and

therein shall
the

and

the

on

and

such
all

written in
shall

at all

times

be open to the
during the ordinary hours of business
inspection of the Chief of Police or any officer designated
by the Chief of Police
Sec

to

the records
shall

141

SCRAP

in

required

DEALER

Section

RECORDS

14

In addition

scrap

dealer

and it shall be the

require
duty of the person
selling any article to such dealer to sign his or her true
name in the book required to be
kept by the above mentioned
section
opposite the description of the property sold by
such person to such dealer
If the person selling such
a
personal property is
licensed scrap collector in the City
of Oakland
such person shall
and it shall be the duty of
such dealer to require such person to
affix after his or
her signature the number of his or her scrap collector s
The person
permit
selling any personal property to a
shall affix after his or her
dealer
scrap
as
signature
herein required
the number of the current license plates
issued by the Department of Motor Vehicles of the State of
California for the vehicle operated by such person
in
which the property sold was transported
and it shall be the
duty of the scrap dealer to verify the truthfulness of the
number

entered

Sec
REGULATIONS

15

SCRAP
be

DEALERS

unlawful

AND

SCRAP

COLLECTORS

any scrap dealer

of any scrap until at least five
5
days have
since he or she took possession of same
or to

dispose
elapsed

It shall

for

to

receive any

personal property by way of a pledge or pawn

to engage in the business of a pawnbroker on the same
premises wherein the business of such scrap dealer is
or

located

for any scrap collector or scrap dealer to

or
or
or
collect
to keep
purchase
acquire any property
cause
to be kept
such place of business open on any
Sunday
or

on

or

the

1st

of

day
July
appointed by

the

Governor

of this

holiday

or

clock

refuse

of

day
or

the

State

day

for

time
o

It shall

be

30th

of

day

of December

President of the

at any
and 6
M

the

May

4th

upon any day

united States or by the
or

public fast
thanksgiving or
between
the
hours of 8 30
except
a

clock P M

unlawful

stuff

food

the

January

25th

to store

keep
intermingled
or

any

bones

food
any scrap
materials or particles thereof
which may attract rats
mice
or like
rodents or serve as food for them
or
to permit such
materials to accumulate on the premises of any scrap dealer
or
or
in any scrap yard
scrap collector
junk yard or junk
shop whatsoever except such bones or other materials be
stored in a covered bin of metal
tile or other
concrete
solid or pervious substance so constructed as to be entirely
or

or

with

ratproof
Sec

this

Article

certain

unless

meaning

10 01

certain

provisions
it

shall

be

DEFINITIONS

words

shall

be

apparent

and

phrases

construed
from

their

Peddler

for

selling

sale and

merchandise

peddler

the

are

as

purposes of

defined

herein

context

set
that

and
out
a

different

is intended
shall

include

engages in the business of going from

to place
or
in or along the streets
Oakland

For

but

and

every person who

house to house

place

within the

City

of

making immediate delivery or offering

immediate delivery
wares
any goods
in possession of the
or anything of value
shall not include selling and delivering
and

offering

sell

to

immediate

human

and

offers

of sale

routes

of food

items

consumption by

established

along

deliver

vendor

where

such

to

sales

and

drink

regular

and

for

customers

deliveries and

and

delivery are made only to such regular

customers on the
premises of their place of residence or
their place of employment or business
in accordance with
invitations previously made to such vendor to make
regular
calls at specific intervals at such premises for the purpose
of making sales and deliveries of such items of food and
drink for immediate human consumption
b
in

engages

Solicitor
shall
business of going

the

include
from

who

person
to house

every

house

place
within the City of
along the streets
Oakland
or
selling or taking orders for
offering to sell
or
take orders for
wares
merchandise
or other
goods
things
of value for future
for
or
services
to be performed
delivery
to

place

in

the

in

or

future

Sec

CERTIFICATE
or

or

take

10

02

It shall

orders

from

PEDDLERS

AND

SOLICITORS

be

unlawful

for

house

to house

or

any

POLICE

person

to

solicit

public
public buildings

upon

any

street
grounds or squares or within any
within the City of Oakland
for the sale of any article
merchandise or other thing of value
or
to peddle the same
or
solicit in such manner any monies
funds
articles
merchandise or other thing of value for any charitable

religious

business

or

certificate

other purpose
however
that

without

police

certificate
provided
shall be
of
drummers
salesmen
or other
required
traveling
persons engaged in soliciting or taking orders exclusively
from the trade
or
established retail dealers
for the
delivery of goods wares or merchandise by wholesale

by

the

to

the

shall

no

such

An
application for a police certificate required
provisions of this section shall be made in writing

Chief
set

of Police
the

forth

shall

be

in person
and
business of the applicant

presented

nature of the

the

firm or corporation which the applicant represents

the
kind of goods or property to be sold
solicited or dealt in
and

such

further

require

Such

information

application

written recommendation
the
and

his
of

the

as

shall

of not

be

Chief of Police may

accompanied by
than

less

five

the

citizens of

City of Oakland
concerning the moral character
honesty
The applicant
integrity of the applicant
upon filing
her
or
shall be fingerprinted by the Bureau
application
Identification at the

of the

request

Police

Oakland

Department
The
character

Chief of Police

if

satisfied

to the moral

as

and

shall
integrity of the applicant
issue to him or her a police certificate to engage in the
said business within the
which certificate
City of Oakland
shall be effective for a period of one year from date of
issuance

honesty

and

any renewal

thereof

shall

be made

upon

application made as herein required in the instance of the

Such police certificate
original application
together
with any license otherwise required of such person by the
shall be at all times carried by
provisions of this Code
the person therein certified when he or she is
engaged in
said business

The

maintain

or

in

his

to whom such

Chief of Police
her

office

police certificates

shall

complete
have

at all
list

been

times

of all

issued

persons

Sec

unlawful

for

peddling

or

10 03

NO

PEDDLER

carrying

any person

soliciting

on

defined

as

SIGNS

It shall

the

in

be

of

business
Section 5 10

01

of

this Article
or
any person pretending to be a peddler or
solicitor
to ring the bell or knock at the door of
any
residence or dwelling whereon a sign bearing the words
No
Peddlers
No Solicitors
or words
of similar import
are

painted
peddle

or

affixed

so

or

pretend

to

in

solicit
Peddlers

painted

as

to be

exposed

peddle
building wherein

to

or

to

public view
or
pretend

solicit

to

or

to

or
whereon the words
No
any
Solicitors
or
words of similar import
are
affixed so as to be exposed to public view

No

or

Sec
DEALERS

10

04

CERTIFICATE

PEDDLERS

SCRAP

OF ACCURACY

COLLECTORS

It shall

be

AND

SCRAP

unlawful

for

or
the business of peddling
any person to engage in
carryon
fruits
meat
fish
or other
vegetables
game
poultry
edible foods of any kind
as peddling is defined in Section
5 l0 0l a
of this Article
of scrap collector or scrap
or
dealer as defined in Section 5 9 0l i
and
of this
j
in the City of Oakland
without first obtaining a
Chapter
certificate of accuracy
issued to such person and signed by

the

Sealer

of

Weights and Measures of Alameda County

the weights
measures
scales or other
or
to be used
for weighing
apparatus or appliances used
or
or to be sold
measuring any commodity or article sold
by such person in the City of Oakland and bought or sold by
certifying

that

such person

to any

to be

accurate

such person
such person

unless
exhibits

to

inspection

and

provided

as

no license shall be granted

in Article 1 of this Chapter

upon application for such license

Bureau of Permits and Licenses
for

the

issued and dated not

certificate of accuracy
hundred
100
days previous to the date of
such application for a license
and upon issuing such
license
the Bureau of Permits and Licenses shall write or
stamp upon the face of the certificate of accuracy the
license number and the date such license is issued
more

than

one

SECTION

Municipal

are

Sec

DEALER

SCRAP

091

SECONDHAND

of the Oakland

AUTOMOBILE

Sec

10

01

PEDDLERS

POLICE

Sec

10

07

MEDICINE

PEDDLERS

The

title

PAWNBROKERS

DEALERS
SECTION

to read

following sections
hereby repealed

PARTS

DEFINED

SECTION
to read

The

Code

AND
4

SCRAP

The

PEDDLERS

heading

SECONDHAND

of Article
DEALERS

is

changed

AUCTIONEERS

COLLECTORS

title

AND

CERTIFICATE

heading

SOLICITORS

of Article

10

is

changed

5eI j

OAKLAND CALIF

IN COUNCIL

z
Z
19

PASSED BY THE FOLLOWING VOTE

l11

CfUALVO ENG

AYES

MAGGIORA OGAWA

AND

NOES

tlfi

ABSENT

wi

t6
o

PRESIDENT

IR

VUKASIN
III

oJ

8
l

kj
uc

ATTEST
AND

reAL IF

7
J

ATTEST
K

THE

AKLAND

600 242

71
7

COUNC

CALIF

IL