HomeMy WebLinkAboutORD 2348r
r
BILL NO. 34
ORDINANCE NO. 2348
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, TO AMEND THE
MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON,
STATE OF IDAHO, PERTAINING TO PAWNBROKERS BY REPEALING ARTICLE
3, SECTIONS 1 THROUGH 21 OF CHAPTER 6 AND ADDING A NEW ARTICLE 3,
SECTIONS I THROUGH 23 OF CHAPTER 6 PERTAINING TO PAWNBROKERS
INCLUDING TITLE; AUTHORITY AND PURPOSE; DEFINITIONS; LICENSE
REQUIRED -FEE; FIXED PLACE OF BUSINESS REQUIRED; DUTY TO RECORD
TRANSACTIONS; DAILY REPORTS, SUSPECT PROPERTY; DUTIES UPON
NOTIFICATION OF PROPERTY REPORTED STOLEN; PROPERTY AS
EVIDENCE; PAWNBROKERS, SALE OF PLEDGED PROPERTY; SALES; AND
VIOLATIONS AND PENALTY: REPEALING ALL ORDINANCES,
RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Chapter 6, Sections 1 through 21 of Article 3 regarding
Pawnbrokers be repealed.
Section 2. That a new Chapter 6, Sections 1 through 25, of Article 3 regarding
Pawnbrokers be added as follows:
06- 03 -01: TITLE: This Article shall be known and may be recited and referred to
as THE PAWNBROKERS ORDINANCE.
06- 03 -03: AUTHORITY AND PURPOSE:
1) Authority: This Article is adopted pursuant to Article 2, Section 12 of the Idaho
Constitution, and authorized by Code Sections 50 -201, 50 -302, and 50 -307.
2) Purpose: This Article is intended to regulate pawnbrokers and to aid Law
Enforcement in the identification and the recovery of stolen property.
06- 03 -05: DEFINITIONS: Unless the context clearly requires otherwise, the
definitions in this section apply throughout this Article as set out below:
CITY: The City of Caldwell, an Idaho Municipal Corporation.
LAW ENFORCEMENT: Caldwell City Police Department and its designees.
MELTED METALS: Metals derived from metal junk or precious metals have
been reduced to a melted state from other than ore or ingots
which are produced from ore that has not previously been
processed.
METAL JUNK: Any metal that has previously been milled, shaped,
stamped, or forged and that is no longer useful in its
original form, except precious metals.
NONMETAL JUNK: Any nonmetal, commonly discarded item that is wom out,
or has outlasted its usefulness as intended in its original
form, except nonmetal junk does not include any item
which has enhanced value because of its old age and
commonly recognized as an antique.
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
part thereof is mortgaged for all intents and purposes under
this Article.
PERSON: Includes any natural person, individual, firm, partnership,
joint venture, association, concern, corporation, estate,
trust, business trust, receiver, syndicate or any other group
or combination acting as a unit.
PRECIOUS METALS: Gold, silver, and platinum.
TRANSACTION: A pledge, or the purchase of, or the trade of any item of
personal property by a pawnbroker from a member of the
general public.
06- 03 -07: LICENSE REQUIRED; FEE:
(1) Annual License; Fee
A. License Required: No person shall do business in the City as a pawnbroker
without first obtaining a license from the City and paying the license fee set forth
herein.
B. License Fee; License Tax: The annual license processing fee for each
pawnbroker shall be Fifty Dollars ($50.00). This fee is necessary to defray the
costs from the investigation of the applicant and the processing of the application.
This annual license processing fee for a pawnbroker's license is in addition to the
license tax imposed on pawnbrokers by Idaho Code, Section 63 -2303 as amended.
C. Term of License: The license shall expire at the end of one year from the date of
issuance, unless sooner revoked or suspended.
D. Investigation: Each applicant is responsible for including with their application a
criminal history. The application will not be considered unless such history and
information is included. Moreover, the City Clerk, in his/her discretion with good
cause, may require additional information and history from an applicant;
including, without limitation criminal history from other states.
E. Grounds For Denial: (a) Conviction of any felony within seven (7) years prior to
the application may be grounds for denial of a license. (b) Convictions of any
misdemeanor involving the crime of theft, willful concealment, or similar crimes
within seven (7) years prior to the application may be grounds for denial of a
license.
F. Prior License/Permit Denied, Revoked or Suspended: No license shall be issued
if the applicant has had any pawnbroker business license or other similar permit
or license denied, revoked, or suspended by any city, county or state or any other
state or local agency within three (3) years prior to the date of the application.
G. Application: All applications for pawnbroker licenses shall be filed with the City
Clerk.
H. Age of Applicant: No license shall be issued to any person who is not eighteen
(1 S) years of age or older.
(2) Denial Of License: Whenever the City Clerk denies an application, the Clerk shall
specify in writing.
A. The statutes, ordinances and standards used in evaluation of the application;
B. The reason for denial; and
C. The action, if any, that the applicant could take to obtain the license.
(3) Appeal: A person whose application is denied may appeal the denial decision to the
City Council by filing a written notice of appeal with the Clerk of the City Council
within fifteen (15) days of the date of the Clerk's signed denial decision. Failure to
timely appeal the denial decision will be a waiver of the right to appeal the denial
decision. A timely filed appeal shall be conducted in accordance with the procedural
rules established by the contested hearing procedures of the Caldwell City Code and
Administrative Procedure Act of Idaho.
(4) Revocation: Failure to meet or maintain any of the requirements of this Article is
cause for revocation of an issued license by the City Clerk. A person whose license is
revoked may appeal the revocation pursuant to the process outlined in Section (3) of
the Article.
06- 03 -09: FIXED PLACE OF BUSINESS REQUIRED: No person may operate
as a pawnbroker unless the person maintains a fixed place of business
within the City.
06- 03 -11: DUTY TO RECORD TRANSACTIONS:
(1) Maintenance of Permanent Record: It shall be the duty of every pawnbroker
doing business in the City to maintain in his place of business an electronic
permanent record, which shall be in such a manner consistent with the software
compatible with law enforcement's equipment, and shall include a record
containing:
A. The date of transaction;
B. The name of the person or employee or the identification number of
the person or employee conducting the transaction;
C. The name, date of birth, sex, height, weight, race, address of the
person with whom the transaction is made;
D. A legal description of the property pledge, including the brand name,
serial number, model number by name, any initials, or engravings and
in the case of firearms, the caliber, type of action, and whether it is a
pistol, rifle, or shotgun;
E. The type and identifying number of the personal identification used by
the person with whom the transaction was made, which shall consist of
a valid driver's license or identification card issued by any state, or
any two (2) other pieces of identification, one of which shall contain a
photograph or description of the person identified. At all times, one
piece of current government issued picture identification will be
required.
F. The nature of the transaction, a number identifying the transaction, the
store identification designed by law enforcement, or the name and
address of the business and the name of the person or employee
conducting the transaction, and the location of the property.
(2) Signature of Person Making Transaction: The signature of person making
transaction shall be retained by the pawnbroker for a reasonable period of time,
unless otherwise authorized by law enforcement.
(3) Dealer's License: Regarding any Pawn Shop pledging automobiles must meet
state requirements.
06- 03 -13: DAILY REPORTS; SUSPECT PROPERTY:
(1) Transmittal To Law Enforcement: Every pawnbroker doing business in the
City shall Ru - nish to law enforcement a full, true and correct transcript of the
record of all transactions conducted on the preceding date. These transactions
shall be recorded on such forms as may be provided and in such format as may
be required by law enforcement within a specified time not more than twenty -
four (24) hours. This information shall be transmitted to law enforcement by
electronic data transfer, or by modem or similar device, or by delivery of
computer disks subject to requirements of and approval by law enforcement.
(2) Suspect Property: If a pawnbroker has good cause to believe that any property
in his or her possession has been previously lost or stolen, the pawnbroker shall
promptly report that fact to law enforcement, together with the name of the
owner, if known, and the date when and the name of the person from whom it
was received.
(3) Inspections: Every pawnbroker shall, upon request of the Caldwell Police
Department, produce any records required to be kept pursuant to this chapter
and shall permit the Caldwell Police Department to examine the records, the
pawnbroker's inventory, and all property kept or stored therein. Any inspection
performed pursuant to this provision shall take place during the pawnbroker's
regular and usual business hours.
06- 03 -15: DUTIES UPON NOTIFICATION OF PROPERTY REPORTED
STOLEN:
(1) Notification: Identifying tag: Following notification from law enforcement that
an item of property has been reported as stolen, the pawnbroker shall hold that
property intact and safe from alteration, damage, or commingling. The
Pawnbroker shall place an identifying tag or other suitable identification upon the
property so held.
(2) Release: Property held shall not be released for thirty (30) days from the date of
law enforcement notification, with a thirty (30) day extension, unless release by
written consent of the law enforcement or by written order of a court of competent
jurisdiction.
(3) Verbal Hold: In cases where law enforcement has placed a verbal hold on an item,
he must then give written notice to the pawnbroker within ten (10) business days
of making the verbal hold. If such written notice is not received within that period
of time by the pawnbroker, then the hold order will cease.
(4) Renewal Notice: If an additional holding period is required, law enforcement shall
give the pawnbroker written notice, prior to the expiration of the existing hold
order.
(5) Effect of Provisions: The provisions set forth in this section supersede any other
provisions of this Article.
(6) Removal of Hold: Law enforcement shall not place on hold any item of personal
property unless law enforcement reasonably suspects that the item of personal
property is a lost or stolen item. Any hold that is placed on an item will be
removed as soon as practicable if the item on hold is determined by law
enforcement not to be stolen or lost.
06- 03 -17: PROPERTY AS EVIDENCE:
(1) Production for court/Law Enforcement: Whenever property that is in the
possession of a pawnbroker is subject to a hold and the property is required by
law enforcement in a criminal investigation, the pawnbroker, upon reasonable
notice, shall produce the property at reasonable times and places for law
enforcement or a court of competent jurisdiction or may deliver the property to
law enforcement upon the request of law enforcement placing the hold on the
property. In the event property is seized pursuant to this section, the pawnbroker
will be entitled to restitution in the criminal case.
(2) Enforcement Receipt: Whenever any property is taken from a pawnbroker, which
was alleged stolen property, law enforcement shall give the pawnbroker a receipt
for the property which shall contain a description of the property, the reason for
seizure and the names of the pawnbroker and the law enforcement officer or
designee receiving the property.
(3) Property in Custody Of Law Enforcement: Property, alleged to be lost, stolen or
embezzled, coming into the custody of law enforcement shall be held by law
enforcement subject to order of a magistrate as provided by Idaho Code Sections
19 -3801 through 19 -3807 as amended.
06- 03 -19: PAWNBROKERS, SALE OF PLEDGED PROPERTY:
(1) 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). (Ord. 1717, 1- 27 -86).
(2) Written Documents Required For Transactions: Every transaction entered into by
a Pawnbroker shall be evidenced by written document, a copy of which shall be
furnished to the pledgor. The document shall set forth the term of the loan, the
date on which the loan is due and payable.
06- 03 -21: SALES: No personal property purchased by a pawnbroker at his place of
business shall be sold or removed from such place of business for a period of at
least 10 days after being so purchased without written consent of the Chief of
Police.
06- 03 -23: VIOLATIONS AND PENALTY:
1) Any person to knowingly make, cause, or allow to be made any false entry or
misstatement of any material matter in any book, record, electronic permanent
record, or writing required.
2) 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.
3) Any pawnbroker to receive any property from a person under the age of eighteen
(18) years, or from any person who appears to be under the influence of
intoxication liquor or drugs.
4) Any person violating any of the provisions of this article shall be deemed guilty of
a misdemeanor. (Ord. 1717, 1- 27 -86).
Section 3. 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 according to law.
\1 1
I+ 1
1= 1 � • ay
_ I lo
II
I -
I -
I ,
II 1
1 1 `
1� 1
■ � 1 1 ■
1 1 1
+ r ■ II
7i f
i
1