10/19/1936
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MINUTES OF THE MEETING OF THE CITY COMMISS :CON
OCTOBER 19th, 1936.
A regular meeting or the 01 t-r Commission o:f the City of Olea.r-
water was bald on the 19th day of October, 1936.
The meating was called to order by the Mayor-Commissioner and
upon roll call the rollowlng answered present:
Mayor-Commisaionol" Grean, CO!lllnlssioners Barry, Batohelor,
and Marsh.
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It was moved by 1~. Barry, seconden by Mr. Batchelor wad
carried that the proper City O~fic1a1s be authorized to execute an agreement
with the West Coast Broadcasting CompwlY, extending the ngreament to 8e11
Radio Station WFLA to June 1st, 1937, and also to execute an esorow agreement
whereby $15,000.00 ahall be deposited in the First National Bank to guarantee
the oarrying out of the agreement.
It 'f/as moved by Mr. Barry, seconded by Mr. Batche10r and carried
that the City pay $75.00 to M. F. Hall to derra7 a part of the cost or bus
service to C1earwater Beach.
It was moved by Mr. Barry, seconded by Mr. Marsh::,and carried
that a $25.00 dlsco1lnt be allowed upon taxes of Eula McMullen.
Mr. Barry introduced Ord~nance #415, and moved its adoption
upon its first reading. Seconded by ~. Marsh~ and after reading, the fol-'
lowing vote was polled:
Ayes: Mayor-Co~ssloner Green, Commdssloners lfursh, Barry
and Batchelor.
Nays: None.
Absent am not voting: Con:nn1ss1oner Baker. '. _.
Vrhereupon, the Mayor declared the Ordinance passed upon ite
first reading.
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It was moverl by Mr . Barry, seoonded by Mr. Marsh and carried
that the rules be waived and the ordinance be passed upon ita seoond reading
immediately by title only. Whereupon, tho title of Ordinanoe #415 was read.
It was moved bY' Mr. Barry" seoonded by Mr. Marsh that the ord,inailce be passed
on its second read~ng, and upon roll cal~ tl1e follovnng vote was polled:
Ayes: Mayor-Commissioner Green, Commissioners Marsh~ Barry
and Batchelor.
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Nays: lIone.
Absent and not voting: Commi saioner Baker.
Whereupon, the Mayor declared the ordinanoe duly passed upon
its second reading.
It was IIDved by Mr. Barr'Y~ seoonded by Mr. Marsh and
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unanimously oarried that the rules be further waived, and Ordinanoe 11415
be plaoed upon its tlrlrd and final reading immediately. Wheroupon, tho
Ordinance was read in full. It was moved by Mr. Baker, seoonded by Mr.
Marsh and oarried, that the Ordinance be passed at its third and final
reading, and upon roll call the folloVling vote was polled:
Ayes: Mayor-Commissioner Green, Commissioners Marsh,
Barry and Batchelor.
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Na.ys: None"
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Absent and not voting: Connnissioner Baker.
Whereupon. the Mayor declared the Ordinanoe duly and fully
adopted, as follows, and signed the same:
ORDINANCE 415
AN ORDINANCE REGULATING AND DEFINING JtTNK DEALERS
AND THE HANDLING AND DISPOSITION OF JONK AND OTHER
REFUSE IN THE CITY OF CLEARW4TER AND PROVIDING A
PENALTY FOR THE VIOL^TION OF ANY OF THE CONDITIONS
OR PROVISIONS HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE C I'.ry OF CLEARWATER, FLO RIDA:
SECTION~. No person or persons, association, partne~ship, firm, or oor-
poration shall hereafter in the City of Clearwater, Florida~ keep, conduct,
or maintain any building, structure, ya~ or place for the keeping, storing
or piling in commeroial quantities either temporari1y, regularly or continu-
ally, or for the buymng or selling at retain or wholewale or dealing ln any
old, used or second-band materials of any kind, lnc1uding scrap building
material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes,
drums, cloth, rags, clothing, paper, rubbish, bottles, rubber, hair, iron,
brass, oopper or other metal, mattresses, beds or bedding, old and dilapidated
automobiles, trucks, tractors, or other sudQ vehioles, or the parts thereof
or other artioles ~ from its worn condition renders it practically useless
for the purpose for which 1 t was made and which is commonly classed as junk,
whether with a fixed place of business or as an itinerant peddler without
first having obtained and paid for a license, as hereinafter proVided. One
carrying on the aforesaid business is hereby defined and shall be referred
herein to as "JUnk Dealers."
SECTION 2. Every applicant for a license to epgage in the business of junk
aealer shall rile with the City Collec.tor and Treasurer a written application
upon a form prepared and provided by the City signed by the applioant or ap-
pl~cants. Said applioation shall state:
(a) The names and residenoes of the applioants, if
an individual, partnership or firm, or the n~s
of the principal officers and their residenoes,
if the applicant is an assooiation or a corporation.
(b) The detailed nature of the business to be conducted
and the kind of materials to be colleoted, bought,
sold 01" otherwise handled.
(c) The premises where suoh business is to be located
or carried on.
(d) That the applioant accepts the license, :1f granted,
upon the oondition t~at it may be ~spended for cause
at any time by the City Co~ssioners.
SECTION 3. Every application for a license to engage in the business of junk
aeaier al1a.:(l be signed and aoknowledged before a notary public or other officer
authorized to administer oaths in the City, inoluding the City Collector ~d
Treasurer and his deputies.
SECTION 4e The entire premises used for carrying on the business of junk
dealing shall be so covered, fenoed and surrounded as to make the same water
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proof and mosquito proof and to prevent an unsightly appoaranoe, and said bui1d-
:1nga or struotures and fenoe shall be maintained in good condition at all tilEs,
said fence to be a tight and solid fence and not less than seven feet ~n he1ght.
It al1all be the duty of the City Colleotor and Treasurer before
:1ssuing license provided for herein to see that the premdses designated in the
applioation oomply with ~le provisions hereof, provided, hDwever, the proVisions
of ~lis section shall not apply to any promises used for carrying on the business
or junk dealing located at a diatanoe of more than one thousand feet from a main
thorougllfare of the C1 ty.
SECTION 5. Upon the filing of the applioation as provided for herein, the
~fty ColTector and Treasurer sllall, upon his approval of suoh application arte~
~nvestigation and the payment to the City of the lioense horeinafter prov1ded~
~ssue to the applioant a license to engage in business as provided in Section 1
hereof. No license sha11 be rerused except for a speoified reason. All licenses
shall be numbered in the order in which they are is sued, and shall state ~learly
the loc~tion of the junk bua1ness~ the date of issuance and expi~ation of tho
license and the name and address of the lioensee. No appl.icant to whom. a li-
cense has been refused shall make further applioation until a period of at least
three months shall have ~lapsed 31nce the last previous revooation, unless he ~an
show the rea.son ro~ such revocation no~onger exists.
SECTION 6. Every junk dealer shall pay an annua.l license fee of Fifty Dollars.
~1 licenses shall be issued as of October 1 and shall continue in force unti1
SeptenIDer 30 next succeeding the date of iasuanoe unless sooner revoked.
SECTION 7. Every junk dealer's lioense shall designate the place of business
L'n or trom which the junk dealer rece! v Lng such 11 canse shall be author1zed to
carryon such bus~ness. No licensee sl~~l remove his or its place of b~s!ness
f"rom the place de signa tad in the license until a written permit has been seo-ured
f"rom the City Collector and Tl'easurel", and the same sha.ll have been endorsed
apon the lioense.
SECTION 8.. (a) No Junk dealer shall carryon the business at or from any other
pla.oe than the one designated in the l:toense therefor, nor shall said business
be carr~ed on after such lioense has bean revoked or has expired.
l~._ .,..1... .... (b) The contents of' the pram ses of every jWl.K dealer shall be ar-
~angec1 :In an orderly manner with all sim1.1ar things locat;ed together so as to
fSC311itate inspeotion by the proper author 1 ties. The pre~sp,s of every junk
dealer shall be subject to inspection by the proper municipal authorities at
any time.
SECTION 9. Each junk dealer shall keep in such manner as chief o~ pol:lce maT
pl~scribe, and written1n ink or indelible penc1l~ a da~ly record in the English
~anguase of artioles purchased, including an accurate description. th~ ruwne an~
and ~d~ess of person from whom eaoh article was purchased, the name of the em-
':ployer of such person~ ~f any; also the day and hour of such purchase and the
price paid. The records shall at all ~easonable times be open to tho ~n8pection
of any police officer. or any person duly authorized in writing for such purpose
by the Chief or Polioe wbo aha1l eXhibit such autrwrization to the junk dealer,
his a.gent or em.p1.oyee. No entry in such records shall be changed, erased,
obliterated or defaced.
In the oase of motor vehicle or parts thereof, there shall. be kept
~n addition to personal description of the person from whom purcbase~ a complete
description of the purohase which she.ll inc lude the trade name and the motor and
other serial numbers, and the style or body, model, color and license number.
The records provided for in this section Sha11 be made at the time
or the purohase of the material descr1bed thereon.
SECTION ~O. No person shall knowing1y buy, sell, reC3eive~ dispose or, concea~
or have in his pO$session any motor vehiole, part or accessory from whioh the
manufacturer's sarial number or any other number or identif~cation has been re-
~ved~ defaaed, covered, altered or des~rqyed for the purpose of conoealing or
mdsrepresenting the identity of ~eh vehiole, part or accessory. Every person
to whom is offered for sale, storage or wreckage any motor vehicle, part or
aocessory from Which has been removed, defaced, covered, altered or destroyed
the man~acturer's serial number, or way other number or identifi~ation mark,
shall immediately notify the Chief of Police of such of~er.
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