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HomeMy WebLinkAboutORD 1388BILL NO. 20 ORDINANCE NO. 1388 By Councilman Banks AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY REPEALING CHAPTER 3, TITLE IV OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL AND SUBSTITUTING THEREFORE A CHAPTER 3, TITLE IV, PROVIDING FOR REGULATION OF PAWNBROKERS; PROVIDING FOR A LICENSE FEE; PROVIDING FOR REPORTS TO POLICE DEPARTMENT; PROVIDING FOR NOTICE , INSPECTION AND PENALTY; AND PROVIDING THIS ORDINANCE TO TAKE AFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Chapter 3, Title IV, of the Municipal Code of the City of Caldwell be and is hereby repealed. Section 2. That a Chapter 3, Title IV to the Municipal Code of the City of Caldwell be and the same hereby is enacted to read as follows: 4 -3 -1: DEFINITION: "Pawnbrokers" shall include every person, firm, association or corporation who makes it a business to loan money on deposit or purchase of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage or personal property, having possession of the property, or any portion or part thereof mortgaged or who advertises by use of "three ball" or pawnbroker sign, or by advertising "unredeemed p ledges ", or by using the term "uncle ", or by any other expression designating pawnbrokers business, shall for all intents and purposes under this chapter be declared to be a pawnbroker within the meaning of this chapter. 4 -3 -2: LICENSE REQUIRED: It shall be unlawful to e ngage in the business of a pawnbroker unless or until a license i s obtained therefore from the City Clerk with the approval of the Chief of Police. ORDINANCE - 1 4 -3 -3: LICENSE APPLICATION: Application for a license to be issued under the provisions of this chapter shall be ma de to the City Clerk and shall contain a description of the premises of the applicant. The City Council may provide regulations requiring such other information as it may deem advisable. 4 -3 -4: LICENSE: Upon receipt of proper application and the payment of a fee of One Hundred Dollars ($100.00) th City Clerk may issue a license for a pawnbroker, subject to the approval of the Chief of Police. 4 -3 -5: R EPORTS TO POLICE DEPARTMENT: Every pawnbroker shall keep a ticket or card system in which shall be recorded all loan or pledge transactions numerically in the order in which such transactions occur. All cards or tickets shall show the name and address of the pawnbroker and shall contain in the proper space provided therefore, the date of the transaction, the amount and terms of the loan, and the article pledged or purchased by the pawnbroker, the age, sex, color or race, height, weight of the pledger or seller. All reports are to be in the English language. The ticket or card hereby required shall be of such size and description as may be required by the Chief of Police. All such tickets or cards shall be made in triplicate, one copy to be retained by the pawnbroker and two copies to be transmitted to the Police Department. 4 -3 -6: MINORS AND INTOXICATED PERSONS: No person licensed under the provisions of this chapter shall receive or take in any manner any goods, articles, or thing from any person who shall appear to be or who shall be known to the pawnbroker to be under the age of eighteen (18) years or intoxicated or a ORDINANCE - 2 habitual drunkards. 4 -3 -7: SALES: No personal property purchased by any pawnbroker at his place of business shall be sold from such place of business for a period of at least seven (7) days after being so purchased or pawned. 4 -3 -5: FORFEITURES: It.shall be the duty of every pawnbroker herein defined to allow any person accepting a loan for less than Twenty Dollars ($20.00) a period of thirty (30) days in which to pay the same before the same becomes forfeitable and over Twenty Dollars ($20.00) a period of thirty (30) days before the same shall become forfeitable. 4 -3 -9: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police, or his designee shall notify the paw in writing, that an item in his possession has been reported stolen, he shall not sell or permit this item to be rede for a period of time not to exceed thirty(30) days fro the date of such notice. A copy of such notice shall be l with the pawnbroker. 4 -3 -10: INSPECTION: The Chief of Police or other designated official shall be permitted at any reaso time to inspect any property contained on the premise and examine the books or records of such pawnbroker showing the a rticles of things purchased or pawned of any person license under this chapter. 4 -3 -11: VIOLATION: Every person violating the provisions of this chapter shall be guilty of a m i s demeanor. 4 -3 -12: PENALTY: Any apparent violation of this chapter shall be punishable by the provisions of this code. Section 3: That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 4: This ordinance shall be in full force and effect from and after its passage, approval and publication ORDINANCE - 3 1 habitual drun kard. 4 -3 -7: S ALES: No personal property purchased by any pawnbroker at his place of business shall be sold from such place of business for a period of at least thirty (30) days after being so purchased or pawned. 4 -3 -8: FORFEITURES: It shall be the duty of every pawnbroker herein defined to allow any person accepting a loan for less than Twenty Dollars ($20.00) a peri of thirty (30) days in which to pay the same before the same becomes forfeitable and over Twenty Dollars ($20,00) a period of sixty (60) days before the same shall become forfeitable. 4 -3 -9 NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police, or his designee, shall notify the pawnbroker in writing, that an item in his possession has been repo stolen, he shall not sell or permit this item to be redeemed for a period of time not to exceed thirty (30) days from the dat of such notice. A copy o f such notice shall be left with the pawnbroker. 4 -3 -10: INSPECTION: The Chief of Police or other designated official shall be permitted at any reasonable time to inspect any property contained on the premises, and examine the books or records of such pawnbroker showing the articles or things purchased or pawned of any person licensed und this chapter 4 -3 -11: VIOLATION: Every person violating the provisi of this chapter shall be guilty of a misdemeanor. 4 -3 -12: PENALTY: Any apparent violation of this chapter shall be punishable by the provisions of this code. Section 3: That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 4: This ordinance shall be in full force and effect from and after its passage, approval and publication ORDINANCE - 3 according the law. PASSED By the City Council APPROVED By the Mayor this Ar�oR, ATTEST: Clerk City-' Caldwell _ this 6th day of July 1976. 6th, day of .duly 1976. CITY OF CALD ELL ORDINANCE - 4