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HomeMy WebLinkAbout1974-11-19; City Council; 6053; CMC 5.30 add - Avocados inspection & transportation1 2 2 4 F c E 'i E < 1( 1: 1: 1; 2: 2; 2' 21 2 2 2 2' 2 3 3 3 AN R ORDINANCE NO. 6053 INANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 5.30 TO REGULATE THE TRANSPORTATION OF AVOCADOS. The City Council of the ordain as follows: SECTION 1. Chapter 5.3 City of Carlsbad, California, does is hereby added to Title 5 of the Carlsbad Municipal Code to read as follows: "Chapter 5.30 INSPECTION OF AVOCADOS Sections: 5.30.010 5.30.020 5.30.030 5.30.040 5.30.050 5.30.060 5.30.070 5.30.080 5.30.090 5.30 .lo0 Purpose and intent. Definitions. Statement of ownership. Obtaining and retaining the statement of ownership. Presentation of statement of ownership. Seizure and impoundment. Investigation and release to rightful owner. Disposition by sale. Exemption. Violation. 5.30.010 Purpose and intent. It is the purpose and inten of this chapter to establish a means of identifying the owner of each commercial quantity of avocados so as to provide a means of controlling the alarming incidence of thefts of avocados within the City. 5.30.020 Definitions. Whenever in this chapter the (1) 'Commercial quantity of avocados' shall mean any following words or phrases are used, they shall mean: quantity of avocados in excess of 40 pounds exclusive of the container. by any means whatsoever of a commercial quantity of avocados over (2) 'To transport' shall mean the movement or conveyance any road, street or highway within the City of Carlsbad. .. .~ (3) 'Sheriff' shall mean the Chief of Police of the City and shall include the Sheriff of the County of San Diego or any of his duly appointed deputies. thereof, who grows, distributes or retails avocados, including but not limited to the following: grower, packer and wholesale or retail fruitstand. (4) 'Handler' shall mean any person, or authorized agent 5.30.030 Statement of ownership. Every person who trans- ports a commercial quantity of avocados shall (1) cause a state- ment of ownership to be prepared and retained in his personal possession at all times while transporting said avocados and (2) deliver a copy of such statement to each handler of the avocados being transported. Such statement of ownership shall contain the . I 2 9 c 4 E e 7 E s 1C 11 If 1: 0 14 a 0 2c 21 22 2: 24 2: 2E 27 2E 25 3c 33 32 following information: son who transports the avocados. (1) The name, address and t lephon number of each per- (2) (3) (4) (5) The name, address and telephone number of each The date transportation of the avocados begins and The kind and quantity of avocados being transported. Points of origin and destination. handler of the avocados. estimated time of delivery. 5.30.040 Obtaining and retaining the statement of owner- Every handler who delivers or receives a commercial cruanr ship. tity of avocados shall obtain a copy of the statement of owier- ship from the person transporting said avocados. transporting said avocados and each handler shall retain a copy of each statement of ownership for one year following the date of the transportation of said avocados begins and shall maintain the same for inspection and review at any reasonable time by the Sheriff upon his request. The person 5.30.050 Presentation of statement of ownership. Any peace officer, upon probable cause to believe a person'l's trans- porting a commercial quantity of avocados, may stop such person and inspect such avocados, whereupon the statement of ownership described in Section 5.30.030 shall be presented to said peace officer upon request. 5.30.060 Seizure and impoundment. Any peace officer, upon reasonable belief that a person is not in legal possession of a commercial quantity of avocados, may seize such avocados without warrant. custody of the avocados and turn the same over to the custody of the Sheriff. care and safekeeping of such avocados in a refrigerated storage facility at a temperature range of approximately 40 degrees fahrenheit. Upon seizure the peace officer shall take The Sheriff shall receive and provide for the 5.30.070 Investigation and release to rightful owner. The Sheriff shall make reasonable investigation to ascertain ownership of all commercial quantities of avocados seized pursuant to this chapter. The Sheriff shall release custody of said avo- cados to the rightful owner upon submission to the Sheriff of satisfactory proof of ownership and after payment of a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storing said avocados. 5.30.080 Disposition by sale. If for any reason a com- mercial quantity of avocados is not released to its rishtful owner after being in the custody of the Sheriff for fiGe days, the Sheriff may sell said avocados by public auction in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution. All of said avocados remain- ing unsold after being offered at such public auction may be destroyed or otherwise disposed of by the Sheriff. derived from the sale of said avocados shall be held by the Sheriff for a period of at least six months, during which time the rightful owner of said avocados may submit satisfactory proof of ownership and obtain possession of the proceeds after payment of a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storage and sale of said avocados. After re- tention of the proceeds for a period of at least six months, the Sheriff shall deposit said proceeds in the general fund of the City All proceeds 2. 1 2 3 4 5 6 7 E s IC 11 1.2 1: 14 9 2: 2: 2; 2L 2f 2t 2'; 2t 2! 3( 3: 3; 5.30.090 Exemption. This chapter shall not apply to the transportation of a commercial quantity of avocados which has been certified pursuant to Article 2 (commencing with Section 4497 Chapter 9, Division 17 of the Food and Agricultural Code. 5.30.100 Violation. (1) Any person who knowingly provides false information for a statement of ownership, includes false information in a statement of ownership, or alters information contained in a statement of ownership or any copy thereof shall be guilty of a misdemeanor. shall be guilty of a misdemeanor." (2) Any person who violates any provision of this chapter EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of November , 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 19th day of November , 1974, by the following vote to wit: AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnick NOES: None ABSENT: None ATTEST : (SEAL) 3.