HomeMy WebLinkAboutORD 1709r BILL NO. 24
ORDINANCE NO. 1709
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO PAWNBROKERS BY
REPEALING CHAPTER 3, SECTIONS 1 THROUGH 11, TITLE IV PERTAINING
TO PAWNBROKERS: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS
THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF CALDWELL
COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Chapter 3, Sections 1 through 12, Title IV be repealed.
Section 2. That a new Chapter 3, Sections 1 through 11, Title IV be
added as follows:
4 -3 -1: DEFINITION PAWNBROKER: Every person, firm, association or
corporation who makes it a business to loan money on deposit or purchase
personal property or other valuables for the purpose of selling the same back
again at a stipulated price; or who loans money secured by chattel mortgage
or personal property, keeping possession of the property, on which any
portion or part thereof is mortgaged; for all intents and purposes under
this Chapter shall be declared to be a pawnbroker within the meaning of this
Chapter. The pawnbroker must be at least 18 years of age.
4 -3 -2: It shall be unlawful for any person to engage in the business of
a pawnbroker unless a valid license therefore has been issued as provided
for in this Ordinance and which is in full force and effect.
(B) An application for such license shall be made to the City Clerk in
such form and manner as the City Clerk may prescribe.
(C) Upon receipt of an application for a license, the City Clerk shall
cause a criminal history investigation to be made of the applicant.
Conviction of a felony, or a misdemeanor involving moral turpitude within
the five (5) years prior to the application date may be grounds for denial of
a license. The City Clerk shall issue, subject to Council approval, and
approval by the Chief of Police, a license which shall expire at the end of
the calendar year, unless sooner revoked or surrendered. Licenses shall not
be transferable either as to person or place.
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(D) The City Clerk shall collect, before the issuance of any license
or renewal thereof, an annual license fee of One Hundred Dollars ($100.00).
(E) No license shall be issued to any person who is not eighteen (18)
years of age or older.
4 -3 -3: RECORDS: Every pawnbroker shall keep a record of every article
pledged with him or sold to him, and this record shall be open to the
inspection of any police officer at any time during the hours of the
pawnbroker's business. Such record shall be upon the form as may be required
by the Chief of Police and shall provide the following information:
(A) Name of pawnbroker;
(B) Name, Address, Date of Birth, Sex, Height, Weight and Social
Security Number of pledger or seller;
(C) The date of the transaction, the article pledged or sold together
with its description including: make, model number, serial number, or if such
number does not exist, other type of identification such as color, size,
identifying marks as well as the amount of the loan. An individual copy of
such record shall be made for each article pawned.
(D) The pledger or seller's motor vehicle operator's license number or
Idaho I.D. or military I.D. and the state of issue.
(E) Signatures by both pawnbroker and pledger or seller.
(F) All forms must be filled out in a legible manner, and shall be
filled out by the broker or his agent (employee).
(G) Every record shall be executed by the pawnbroker and the pledger
or seller at the time the transaction occurs. The pawnbroker shall compare
the signature upon the transaction record with the signature on the seller's
identification.
All pawnbrokers reports shall be made in triplicate, one (1) to be
retained by the pawnbroker and two (2) copies to be available to the Police
Department upon request.
4 -3 -4: MINORS AND INTOXICATED PERSONS: No pawnbroker shall:
(A) Buy items of value from or loan money on property to any person
under 18 years of age. This provision shall not prevent sales to any person
regardless of age.
(B) Have any business dealings as a pawnbroker with a person who is so
obviously under the influence of alcoholic beverages or drugs so as to impair
his business judgment.
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4 -3 -5: SAA No personal property purchas ay a pawnbroker at his
• place of business shall be sold or removed from such place of business for
a period of at least ten (10) days after being so purchased without written
consent of the Chief of Police. Excluded from this restriction are
transactions in gold or silver bullion or coins.
4 -3 -6: FORFEITURES: It shall be the duty of every pawnbroker as
herein defined to allow any person accepting a loan a period of thirty (30)
days in which to repay the loan and reclaim the pawned merchandise before
the same becomes forfeitable if the property pawned is in the amount of
fifty dollars ($50.00) or less, and sixty (60) days if more than fifty
dollars ($50.00).
4 -3 -7: REPORTS TO CHIEF OF POLICE: The Chief of Police may, at his
discretion, require a written report of said business transactions and
during the business hours of every day may conduct a personal examination
of any ^ articles pledged or sold, inspection of books or records of such
pawnbroker showing the articles or things purchased or pawned.
4 -3 -8: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police
or any member of the Police Department shall notify any pawnbroker in
writing not to sell any property deposited or purchased by him or permit
the same to be redeemed, such property shall not be sold or permitted to
be redeemed for a period of sixty (60) days from the date of such notice,
but such notice may be renewed by written request for an additional sixty
(60) day period or periods. Further, a notice may be terminated at any
time in writing by the Chief of Police.
4 -3 -9: HOURS OF OPERATION: Legal hours for pawnbrokers, as herein
defined, may be between the hours of 7:00 am and 10:00 pm each day unless
special permission is obtained from the Chief of Police.
4 -3 -10: STOLEN PROPERTY; RETURN TO TRUE OWNER:
(A) Any article pledged or sold to a pawnbroker which is subsequently
determined by a law enforcement agency to have been stolen shall be
transferred to the custody of such agency upon the agency's written request,
or, at the direction of the agency, shall be returned by the pawnbroker to
the true owner. The true owner shall.not.be, liable to the pawnbroker for
any amounts expended by the pawnbroker with respect to an article deemed
stolen. The pawnbroker shall not be required to return stolen property to
the true owner until:
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1. He receives written notice from the law enforcement agency
authorizing the release of the property to the true owner and
specifying the name, address and Social Security number of the true
owner;
2. The true owner, in person, requests the return of the
property, executes a receipt therefore, and presents proper identifi-
cation showing his name, address, Social Security number and
signature.
3. If a disagreement exists concerning the ownership of property,
the item shall be held by the Caldwell Police Department for 30 days in
order to allow the pawnbroker to seek judicial determination of
ownership. If such action is not filled within 30 days, the item will
be returned by the Caldwell Police Department to the recorded owner.
(B) Upon the return of stolen property to the true owner either by
the pawnbroker or law enforcement agency, the pawnbroker shall complete
such documentation as may be necessary or required to effect the transfer
of the property including such documents pertaining to the registration of
firearms as may be required by local, State or Federal authorities. Upon
return of article to a true owner, said owner shall agree in writing to
pursue a course of criminal prosecution which could result in restitution
for any victimized party.
4 -3 -11: VIOLATIONS AND PENALTY:
(A) It shall be unlawful for any person to use a false name, a
fictitious address, or any address other than the true address or to
furnish any false untrue or misleading information or statement relating to
the information required by Section 4 -3 -3.
(B) It shall be unlawful for any person to pledge or sell any goods,
chattels or effects, or any personal property leased or let to him by any
instrument in writing under a contract or purchase not yet fulfilled.
(C) Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor.
Section 3. All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
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Section 4. This ordinance shall be in fullgrce and effect from and
after its passage, approval, and publication according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF CALDWELL THIS 9th DAY OF
D ecember , 1985.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL THIS 9th DAY OF
D ecember , 1985.
ATTEST:
City Clerk
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