HomeMy WebLinkAboutCC ORD 1974-1446 Avocado transporting regulations (Not codified)1446
ORDINANCE NO. 1446
AN ORDINANCE REQUIRINGOCERTIFICATE S WITHIN NATIONALOFOWNERSHIP TO TRANSPORT
AVOCAD
The City Council of the City of
National City does ordain as follows:
INSPECTION OF AVOCADOS
BEING TRANSPORTED
Section 1. PURPOSE AND INTENT. It
is the purpose and intent of this or-
dinance to establish a means of identi-
fying 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 County of San Diego.
Section 2. DEFINITIONS. Whenever
in this Chapter the following words or
phrases are used, they shall mean:
(a) "Commercial quantity of avo-
cados" shall mean any quantity of
avocados in excess of forty (40) pounds.
exclusive of the container.
(b) "To transport" shall mean the
movement or conveyance by any means
whatsoever of a commercial quantity of
avocados over any road, street or high-
way within the incorporated area of the
City.
(c) "Law enforcement officer" shall
mean any peace officer as defined by
Section 8301, Chapter 4.5 of the Cali-
fornia Penal Code.
(d) "Handler" shall mean any per-
son, or authorized agent thereof, who
grows, distributes or retails avocados,
including but not limited to the fol-
lowing: grower, packer, and wholesale
or retail fruitstand.
Section 3. STATEMENT of OWNER-
SHIP. Every person who transports a
commercial quantity of avocados shall
(1) cause a statement of ownership to
be prepared and retained in his per-
sonal 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 owner-
ship shall contain the following infor-
mation:
(a) The name, address, and telephone
number of each person who transports
the avocados.
(b) The name, address, and tele-
phone number of each handler of the
avocados.
(c) The date transportation of the
avocados begins and estimated time of
delivery.
(d) The kind and quantity of avo-
cados being transported.
(e) Points of origin and destination.
Section 4. OBTAINING AND RE-
TAINING THE STATEMENT OF
OWNERSHIP. Every handler who de-
livers or receives a commercial quantity
of avocados shall obtain a copy of the
statement of ownership from the person
transporting said avocados. The person
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 main-
tain the same for inspection and re-
view at any reasonable time by the
law enforcement officer.
Section 5. PRESENTATION OF
STATEMENT OF OWNERSHIP. Any
peace officer, upon probable cause to
believe a person is transporting a com-
mercial quantity of avocados, may stop
such person and inspect such avocados,
whereupon, the statement of ownership
described in Section 3 shall be presented
to said peace officer upon request.
Section 6. SEIZURE AND IMPOUND-
MENT. Any peace officer, upon reason-
able belief that a person is not in
legal possession of a commercial
quantity of avocados, may seize such
avocados without warrant. Upon seizure
the peace officer shall take custody of
the avocados and turn the same over
to the custody of the law enforcement
officer. The law enforcement officer
shall receive and provide for the care
and safekeeping of such avocados in a
refrigerated storage facility at a tem-
perature range of approximately forty
(40) degrees fahrenheit.
Section 7. INVESTIGATION AND
RELEASE TO RIGHTFUL OWNER. The
peace officer shall make reasonable in-
vestigation to ascertain ownership of
all commercial quantities of avocados
seized pursuant to this Chapter. The
peace officer shall release custody of
said avocados to the rightful owner
upoh submission to the peace officer
of satisfactory proof of ownership and
after payment of a reasonable charge
sufficient to reimburse the peace officer
for costs incurred in storing said avo-
cados.
Section 8. DISPOSITION BY SALE. If
for any reason a commercial quantity
of avocados is not released to its
rightful owner after being in the
custody of the peace officer for five
(5) days, the peace officer 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 remaining unsold after
being offered at such public auction
may be destroyed or otherwise disposed
of ownership, includes false information
in a statement of ownership, or alters
information contained in a statement
all of
ownership or any copy thereof,
be
guilty of a misdemeanor.
(b) Any person who violates any
provision of this ordinance shall be
guilty of a misdemeanor.
Section 11. This ordinance shall take
effect and be in force thirty (30) days
after the date of its passage, and be-
fore the expiration of fifteen (15)
days after its passage it shall be pub-
lished once, with the names of the
members voting for and against the
same, in the National City Star -News,
a newspaper of general circulation
published in the County of San Diego.
PASSED AND ADOPTED THIS l9th
day of November, 1974.
S/KILE MORGAN
Mayor
ATTEST:
S/IONE MINOGUE CAMPBELL
City Clerk
Passed and adopted by the Council
of the City of National City, California,
on November 19, 1974 by the following
vote, to -wit:
Ayes: Councilmen Dalla, Pinson,
Morgan
Nays: Councilmen None
Absent: Councilmen Camacho, Reid
Abstain: Councilmen None
AUTHENTICATED BY: KILE MORGAN
Mayor of the City of
National City, California
S/IONE MINOGUE CAMPBELL
City Clerk of the City of
National City, California
I HEREBY CERTIFY that the fore-
going ordinance was not finally adopted
until seven calendar days had elapsed
between the day of its introduction and
the day of its final passage, to wit, on
November 12, 1974 and on November
19, 1974.
I FURTHER CERTIFY THAT said or-
dinance was read in full prior to its
of by the peace officer. All proceeds final passage or that the reading o
derived from the sale of said avocados said ordinance in full was dispensed
shall be held by the peace officer for with by a vote of not less than a
a period of at least six months, during majority of the members elected to the
which time the rightful owner of said Council and that there was available
avocados may submit satisfactory proof for the consideration of each member of
of ownership and obtain possession of the Council and the public prior to the
the prcoeeds after payment of a reason- day of its passage a written or printed
able charge sufficient to reimburse the copy of said ordinance.
peace officer for costs incurred in I FURTHER CERTIFY that the above
storage and sale of said avocados. After and foregoing is a full,true and correct
retention of the proceeds for a period copy of OR INANCE NO. 1446 of the
City N tional City, passed and
of at least six months, the peace officer
shall deposit such proceeds in
General Fund of the City of Na
City.
Section 9. EXEMPTION. This Chapter
shall not apply to the transporaation of
a commercial quantity of avocados
which has been certified pursuant to
Article 2 (commencing with Sec
44971), Chapter 9, Division 17_
Food and Agricultural Code.
Section 10. VIOLATION.
(a) Any person who knowingly pro-
vides false information for a statement
pt1. by e Council of said City o
ber 19, 1 4.
S/IONS MINOGUE
City Clerk of
National Ci
AND I -IEREB'Y CERTI
duly published
(Seal) City Clerk
AM PBFLL
e City of
California
that the
according
the City of
National y, California