HomeMy WebLinkAbout2548ORDINANCE NO. 2548
AN ORDINANCE of the City of Port Angeles
relating to Pawnbrokers and Second
Hand Dealers, and amending Chapter 11,
Ordinance No. 2050, and Chapter 5.44
of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN
as follows:
Section 1. Chapter 11, Ordinance No. 2050, and Chapter
5.44 of the Port Angeles Municipal Code are each amended to read
as follows:
CHAPTER 5.44
PAWNBROKERS AND SECOND HAND DEALERS
Sections:
5.44.010 Definitions.
5.44.020 License - Required.
5.44.030 Records Required Inspection Fixed Place of
Business Required.
5.44.040 Transcript to be Furnished Duty to Record
Information.
5.44.050 False Reporting Report to be Furnished to Police.
5.44.060 Guspicion of Lost /Ctolcn Article Duties Upon
Notification that Property is Reported Stolen.
5.44.070 Retention of Goads Property by Pawn Brokers -
Inspection.
5.44.080 Transactions With Minors Prohibited Retention of
Property by Second -Hand Dealers - Inspection.
5.44.090 Rates of Interest and Other Fees - Sale of Pledged
Property.
5.44.100 Pawn Brokers - Sale of Pledged Property Limited -
Written Document Required for Transactions.
5.44.110 Attorney Fees and Costs in Action to Recover
Possession.
5.44.120 Certain Conditional Sales Prohibited.
5.44.130 Transaction with Minors - Prohibited.
5.44.140 Prohibited Acts - Penalty.
5.44.150 Chief of Police - Rule Making Authority.
5.44.160 Exemptions.
5.44.010 Definitions.
Unless the context
clearly requires otherwise, the definitions in this Section apply
throughout this Chapter.
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A. 'Junk Dealer" means every person engaged in whole or in
part in the business of buying, selling, bartering, trading, or
exchanging old rope. rubbcr, rags, empty bottles, paper, metals,
baggings, and such othcr worn out and discarded articles,
recycled; provided, however, that this Section does not apply to
dealing in goods which an be used again for the purpose for which
thcy were originally intended. "Melted metals" means metals
derived from metal funk or precious metals that have been reduced
to a melted state from other than ore or ingots which are produced
from ore that has not previously been processed.
B. "Metal funk" means any metal that has previously been
milled, shaped, stamped, or forged and that is no longer useful
in its original form, except precious metals.
C. "Non -metal junk" means anv non - metal, commonly discarded
item that is worn out, or has outlasted its usefulness as intended
in its original form, except non -metal funk does not include an
item made in a former period which has enhanced value because of
its age.
BD. "Pawnbroker" means every person who takes or receives
or any kind of personal property whatsoever, for security for the
repayment of money loaned thcrcon engaged, in whole or in part,
in the business of loaning money on the security of pledges,
deposits, or conditional sales of personal property.
E. "Precious metals" means gold, silver, and platinum.
GE'. "Second -hand dealer" means every person engaged in whole
or in part in the business of purchasing, selling, trading,
bartering, accepting in trade or as partial payment for goods, or
otherwise exchanging, secondhand goods of any kind or description
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othcr than "junk" as dcfincd
that this Section shall not apply to:
tion A; provided,
1
1. Thosc persona cngaged in the business of aclling
2. Automobile dcalcrshipo or retail parta stores
of busincso;
3. Sales of wholly donated goods;
1. Thooc persons who acquire secondhand goods only in
trade on sale of new goods; and
consignment selling, or otherwise transferring for value, second-
hand property, including melted metals and precious metals,
whether or not the person maintains a fixed place of business
within the City.
G. "Second -hand property" means anv item of personal
property offered for sale which is not new, including metals in
any form, except postage stamps. baseball and other trading cards,
coins that are legal tender, bullion in the form of fabricated
hallmarked bars, used books, used comic books, and clothing of a
resale value of seventy -five dollars ($75) or less, except furs.
H. "Transaction" means a pledge, purchase, or consignment
by a pawnbroker or a second -hand dealer from a member of the
general public.
5.44.020 License - Required. No person shall act as
a pawnbroker, secondhand dealer, or junk dealer in the City
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A. No person may operate as a pawnbroker or second -hand
dealer in the City of Port Angeles without first having secured
from the City Clerk a business license for such purpose.
B. No person other than the licensee under this Chapter
shall display any sign or other device in or about the premises
of business or in any advertising matter or other printed matter
which in any way resembles the emblem or sign commonly used by
pawnbrokers, nor shall the word "pawnbroker" be used in or about
the premises of business or in any advertising matter, nor shall
any person hold himself out to the public to be a pawnbroker,
either through advertising, soliciting, signs, or otherwise.
5.44.030 _ - _- _ - _- Fixed Place of
Business Required.
A. It be thc duty
shall of every pawnbroker or secondhand
business book in
a or othcr permanent rccord which shall be
transaction thcrcof
a rccord containing at a minimum the
following:
1. date
The of thc t ansaction;
2. The thc
name of person or employee conducting the
Dame;
,r+hom thc transaction is had,
and thc evidence by which the
idcntity
of such person was verified;
4. The
name and address of thc owncr of thc property
received;
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5. A description thc
of property rcccivcd, which shall
thereof, if thc has
and serial number, article such marks on it,
inscription identifying
or any other or marks.
B. Such
records, and all articles rcccivcd, shall at all
times during business hours, bc to inspection
ordinary open by any
in dcfaccd,
erased or any manner oblitcratcd or and such rccord
transaction. Forms bc
shall provided by thc City for this rccord
keeping
requirement, at the dcalcr's expense.
No person may operate as a pawnbroker in the City of Port Angeles
unless such business is conducted from a fixed place of business
within the City.
5.44.040
- _ _ Duty to Record
Information.
A. It bc the duty
shall of every pawnbrokcr and secondhand
during the Thc
preccding week. original shall be kept as part of
as a rcccipt for thc item in
rcceivcd. Each shcct the sct shall
,, number corresponding to thc housebook number.
B. Thc Chief
of Police shall furnish one copy of such
A. Every pawnbroker and second -hand dealer doing business
in the City of Port Angeles shall maintain, wherever that business
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is conducted, a record in which shall be legibly written in the
English language, at the time of each transaction, the following
information:
1. The date of the transaction;
2. The name and signature of the person or employee
conducting the transaction;
3. The name and signature of the person with whom the
transaction is made;
4. The date of birth, sex, height, weight, race, and
address of the person with whom the transaction is made;
5. A complete description of the property pledged,
bought, or consigned, including the brand name, serial number,
model number, initials, engravings, size, patterns, and color, and
in the case of firearms, the caliber, barrel length, type of
action, and whether it is a pistol, rifle, or shotgun;
6. The price paid if purchased, or if a loan, the
amount loaned, the loan period, interest charged, and fee
assessed;
7. The type and identifying number of identification
used by the person with whom the transaction is made, which shall
consist of a valid driver's license or identification card issued
by any state, or two pieces of identification issued by a
governmental agency, one of which shall be descriptive of the
person identified; and
8. The nature of the transaction, a number identifying
the transaction the name and address of the business conducting
the transaction, and the location of the property.
B. This record shall at all times during the ordinary hours
of business, or at reasonable times if ordinary hours of business
are not kept, be open to the inspection of any commissioned law
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enforcement officer of the State or an of its .olitical
subdivisions, and shall be maintained wherever that business is
conducted for three (3) years following the date of the
transaction.
C. The transaction number shall be from an ascending
numerical series, the sequence of which shall not be interrupted
from which each individual transaction may be accounted.
D. For the purpose of this Section, record entries,
excluding signatures, shall be deemed to be legibly written if
made by typewriter or computer printer.
E. No entry in said record shall be erased or in any manner
obliterated or defaced.
F. The form for this record keeping requirement shall be
approved by the Chief of Police and provided at the licensee's
expense.
G. It shall be the responsibility of the pawnbroker or
second -hand dealer to obtain and keep in adequate supply those
forms required for reporting and record keeping.
5.44.050 Report to be Furnished to Law
Enforcement.
cmploycc or agent thcrcof shall be guilty of a misdcm anor.
A. Every pawnbroker and second -hand dealer doing business
in the City of Port Angeles shall deliver within twenty -four hours
to the Chief of Police of the City, on such forms as approved by
the Chief of Police, and provided at the licensee's expense, a
Duplicate original of the record required in Section 5.44.040.
B. The Chief of Police may, at his discretion, accept a
report in form other than a duplicate original.
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C. If a pawnbroker or second -hand dealer has good cause to
believe that any property in his or her possession has been
previously lost or stolen, the pawnbroker or second -hand dealer
shall promptly report that fact to the Chief of Police, together
with the name of the owner, if known, and the date when, and the
name of the person from whom it was received.
5.44.060
Duties Upon
Notification that Property is Reported Stolen. It is the duty of
owncr, if known, and the date and name of the person from whom the
name was received by such pawnbroker, sccondhand dealer, employee
or agent.
A. Following notification from a law enforcement agency
that an item of property has been reported as stolen, the
pawnbroker or second -hand dealer shall hold that property intact
and safe from alteration, damage, or commingling. The pawnbroker
or second -hand dealer shall place an identifying tag or other
suitable identification upon the property so held. Property held
shall not be released for one hundred twenty (120) days from the
date of police notification unless released by written consent of
the applicable law enforcement agency or by order of a court of
competent jurisdiction. The pawnbroker or second -hand dealer
'-:hall give ten (10) days written notice before the expiration of
the one hundred twenty -dav holding period to the applicable law
enforcement agency about the stolen property. If notice is not
given within the required ten -day period, then the hold on the
property shall continue for an additional one hundred twenty (120)
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days. The applicable law enforcement agency may renew the holding
period for additional one hundred twenty -day periods as necessary.
B. Whenever a law enforcement agency or prosecuting
authority shall require such property for use as evidence upon
examination or trial or to restore said property to the owner, the
pawn broker or second hand dealer shall, upon demand, deliver said
Property over to the applicable agency or authority and take
receipt therefor, after which such agency or authority shall be
answerable for same.
C. Stolen property obtained by a pawn broker or second hand
dealer, whether by unredeemed pledge or purchase or consignment,
whether the transaction was made in good faith or not, shall not
divest the owner of his rights to such property and it shall be
restored to him.
5.44.070 Retention of Seeds Property by Pawnbrokers -
Inspection. No pawnbro]ccr Shall oc11, remove or to be
permit
Property bought or received in pledge
by any pawnbroker shall not be removed from that place of
business, except when redeemed by the owner, within fifteen (15)
days after the receipt of the property. Property shall at all
times during the ordinary hours of business be open to inspection
to any commissioned law enforcement officer of the State or any
of its political subdivisions.
5.44.080 Transactions With
ninon Prohibited Retention
of Property by Second -Hand Dealers - Inspection. No
pawnbro]ccr
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A. Property bought or received on consignment by a second-
hand dealer with a permanent place of business in the City of Port
Angeles shall not be removed from that place of business, except
consigned property returned to the owner, within fifteen (15) days
after the receipt of the property. Property shall at all times
during the ordinary hours of business be open to inspection to any
commissioned law enforcement officer of the State or any of its
political subdivisions.
B. Property bought or received on consignment by a second-
hand dealer without a permanent place of business in the City of
Port Angeles shall be held within said City, except consigned
property returned to the owner, for fifteen (15) days after
receipt of the property. The property shall be available for
inspection at reasonable times by any commissioned law enforcement
officer of the State or any of its political subdivisions.
5.44.090 Rates of Interest and Other Fees. All
pawnbrokers are authorized to charge and receive interest and
other fees at the following rates for money loaned on the security
of personal property actually received in pledge:
A. The interest shall not exceed:
1.
For an amount loaned up to $19.99 - interest at
$1.00 per month;
2. For an amount loaned from $20.00 to $39.99 -
interest at the rate of $1.50 per month;
3. For an amount loaned from $40.00 to $75.99 -
interest at the rate of $2.00 per month;
4. For an amount loaned from $76.00 to $100.99 -
interest at the rate of $2.50 per month;
5. For an amount loaned from $101.00 to $125.99 -
interest at the rate of $3.00 per month:
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6. For an amount loaned from $126.00 or more -
interest at the rate of three percent (3 %) a month.
B. The fee for the preparation of documents, pledges, or
reports required under the laws of the United States of America,
the State of Washington, or the counties, cities, town, or other
political subdivisions thereof, shall not exceed:
1. For the amount loaned up to $4.99 - the sum of
$0.50;
2. For the amount loaned from $5.00 to $9.99 - the sum
of $2.00;
3. For the amount loaned from $10.00 to $19.99 - the
sum of $3.00;
4. For the amount loaned from $20.00 to $29.99 - the
sum of $4.00;
5. For the amount loaned from $30.00 to $39.99 - the
sum of $5.00;
6. For the amount loaned from $40.00 to $49.99 - the
sum of $6.00;
7. For the amount loaned from $50.00 to $59.99 - the
sum of $7.00;
8. For the amount loaned from $60.00 to $69.99 - the
sum of $8.00;
9. For the amount loaned from $70.00 to $79.99 - the
sum of $9.00;
10. For the amount loaned from $80.00 to $89.99 - the
a of $10.00;
11. For the amount loaned from $90.00 to $99.99 - the
sum of $11.00;
12. For the amount loaned from $100.00 to $124.99 - the
sum of $12.00;
13. For the amount loaned from $125.00 to $149.99 - the
sum of $13.00;
14. For the amount loaned from $150.00 to $174.99 - the
sum of $14.00;
15. For the amount loaned from $175.00 to $199.99 - the
sum of $15.00;
16. For the amount loaned from $200.00 to $249.99 - the
sum of $16.00;
17. For the amount loaned from $250.00 to $299.99 - the
sum of $17.00;
18. For the amount loaned from $300.00 to $399.99 - the
sum of $18.00;
19. For the amount loaned from $400.00 to $499.99 - the
sum of $19.00;
20. For the amount loaned from $500.00 or more - the
sum of $20.00.
C. Fees under Subsection (B) of this Section may be
assessed one time only during the term of a pledge.
D. In no event shall anv other charges be made for any
reason whatsoever except as provided in the foregoing.
E. A copy of this Section, set in twelve -point type or
larger, shall be posted prominently in each premise subject to
this Chapter.
5.44.100 Pawnbrokers - Sale of Pledged Property Limited
- Written Document Required for Transactions.
A. A pawnbroker shall not sell any property received in
}ledge within ninety (90) days after the term of the loan expires.
However if a pledged article is not redeemed within the ninety -
day period, the pawnbroker has all rights, title, and interest of
the pledgor or the pledgor's assigns.
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B. Every transaction entered into by a pawnbroker shall be
evidenced b a written document a co• of which shall be
furnished to the pledgor. The document shall set forth the loan
period, the date on which the loan is due and payable, and shall
inform the pledgor of the pledgor's right to redeem the pledge
within ninety (90) days after the expiration of the loan term.
5.44.110 Attorney Fees and Costs in Action to Recover
Possession. In an action brought by an owner to recover goods in
the possession of a pawnbroker or second -hand dealer, the
prevailing party is entitled to reasonable attorney's fees and
costs.
5.44.120 Certain Conditional Sales Prohibited. No
purchase of property shall be made on condition of selling it back
at a stipulated price greater than the purchase price so as to
avoid interest and fee restrictions of this Chapter.
5.44.130 Transactions with Minors - Prohibited. No
pawnbroker or second -hand dealer shall make a transaction herein
described with any person under the age of eighteen (18) years.
5.44.140 Prohibited Acts - Penalty. It is a Class I
misdemeanor for:
A. Any person to remove, alter, or obliterate any
manufacturer's make, model, or serial number, personal
identification number, or identifying marks engraved or etched
upon an item of personal property that was purchased, consigned,
or received in pledge;
B. Any person to knowingly make, cause, or allow to be made
1 false entry or misstatement of any material matter in any
book, record, or writing required to be kept under this Chapter;
C. Any pawnbroker or second -hand dealer to conduct any
transaction with any person under the age of eighteen (18) years,
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any person under the influence of intoxicating liquor or drugs,
or any person known to the pawnbroker or second -hand dealer as
having been convicted of burglary, robbery, theft, or possession
of or receiving stolen property within the past ten (10) years,
whether the person is acting in his or her own behalf or as the
agent of another; or
D. Any person to violate knowingly any other provision of
this Chapter.
5.44.150 Chief of Police - Rulemaking Authority. The
Chief of Police shall have the authority to promulgate such rules,
not inconsistent with this Chapter, as may be necessary from time
to time for its effective and orderly administration.
5.44.160 Exemptions. The provisions of this Chapter
do not apply to transactions conducted by the following:
A. Motor vehicle dealers licensed under Chapter 46.70 RCW;
B. Motor vehicle wreckers or hulk haulers licensed under
Chapters 46.79 or 46.80 RCW;
C. Persons giving an allowance for the trade -in or exchange
of second -hand property on the purchase of other merchandise of
the same kind of greater value;
D. Persons in the business of buying or selling empty food
and beverage containers or metal or non -metal funk;
E. Persons selling wholly donated goods; and
F. Persons holding less than seven (7) garage or yard
sales, or the like, in any one -year period.
Section 2 Severability. If any provisions of this
rdinance or its application to any person or circumstance is held
invalid, the remainder of the Ordinance or the application of the
provision to other persons or circumstances is not affected.
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Section 3 Effective Date. This Ordinance shall be
effective five days after the date of publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 3rd day of
October , 1989.
ATTEST:
Michelle M. .ike, Cit erk
APPRQ"ED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED: 10/10/89
POL.86
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M A Y O R