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Home My WebLink About2015-012 Pawnbrokers, Secondhand Dealers, and Precious Metal Dealers Requirements; YMC Amendments Chapters 5.54, 5.64 and 5.70 ORDINANCE NO. 2015 -012 AN ORDINANCE amending and adding to the City of Yakima municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.54.040 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan or purchase, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property bought or received in pledge was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a 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 a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A description of the property bought or received in pledge which in the case of watches, clocks and bicycles, motorcycles, automobiles, guns and revolvers, cameras, tires or any other kind or character of property having a number or numbers, shall contain the name of the maker and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the articles purchased are furniture or the contents of any house or room, actually inspected on the premises, a general record of the transaction shall be sufficient; 8. The price paid or the amount loaned; 9. The number of any contract or pawn ticket received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the chief of police or any other police officer of the city of Yakima. (Ord. A -581 § 4, 1921). Section 2. Section 5.54.050 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all loans and purchases made and transactions had on the preceding day, and if he has good cause to believe that any of the property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person from whom the same was received by him. (Ord. A -581 § 5, 1921). Section 3. Section 5.54.100 of the Yakima Municipal Code is added to read as follows: 5.54.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 4. Section 5.64.050 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of each purchase, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a 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 a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A description of the property purchased, which in the case of watches, clocks, bicycles, motorcycles, automobiles, or any other kind or character of property having a number or numbers, shall contain the name of the maker, and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the article purchased is furniture or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient; provided, further, that where any of such articles bear numbers, letters or other marks of identification, not more than two of the most prominent thereof need be given; and provided, further, that marks on articles of less value than twenty -five cents need in no event be given. 8. The price paid; 9. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the chief of police or any other police officer of the city of Yakima. (Ord. A -620 § 5, 1921). Section 5. Section 5.64.060 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 6. Section 5.64.080 of the Yakima Municipal Code is amended to read as follows: No secondhand dealer shall receive any property from any person under the age of eighteen years, any person known to the dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years, or any person in an intoxicated condition. (Ord. A -620 § 8, 1921). Section 7. Section 5.64.100 of the Yakima Municipal Code is added to read as follows: 5.64.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 8. Section 5.70.020 of the Yakima Municipal Code is amended to read as follows: The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 19.60.057 Retention of precious metal property— Inspection. 19.60.067 Secondhand precious metal dealers— Prohibited acts — Penalty. 19.60.077 Precious metal dealers — Licensure required. 19.60.095 Precious metal sales— Hosted home parties. (Ord. 2012 -19 § 1 (part), 2012). Section 9. Section 5.70.021 of the Yakima Municipal Code is added to read as follows: 5.70.021 Register Every secondhand precious metal dealer doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of each purchase or sale, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a 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 a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A complete description of the precious metal property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color of stone or stones and a photograph of the property; 8. The price paid; 9. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased 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 the chief of police or any other police officer of the city of Yakima, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. A -620 § 5, 1921). Section 10. Section 5.70.025 of the Yakima Municipal Code is added to read as follows: 5.70.025 Daily Report Every secondhand precious metal dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 11. Section 5.70.026 of the Yakima Municipal Code is added to read as follows: Following notification from a law enforcement agency that an item of property has been reported as stolen, the secondhand precious metal dealer shall hold that property intact and safe from alteration, damage, or commingling. The secondhand precious metal 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 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. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within ten business days. If such written notice is not received within that period of time, then the hold order will cease. The secondhand precious metal dealer shall give a twenty -day written notice before the expiration of the one hundred twenty -day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within twenty days, then the hold on the property shall continue for an additional one hundred twenty days. The applicable law enforcement agency may renew the holding period for additional one hundred twenty -day periods as necessary. After the receipt of notification from a secondhand precious metal dealer, if an additional holding period is required, the applicable law enforcement agency shall give the secondhand precious metal dealer written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency 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 after the item on hold is determined not to be stolen or lost. Section 12. Section 5.70.100 of the Yakima Municipal Code is added to read as follows: 5.70.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 13. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 17 day of March, 2015. • 1 / ATTEST: Micah awle , Mayor (196102/1) 1 ,� �f1 t c/% -4 . 1 Sonya `Ciaar Tee, City Clerk Z = : J , Publication Date: March 20, 2015 Effective Date: April 19, 2015 �'`` BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: March 17, 2015 ITEM TITLE: Ordinance amending and adding to the municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses SUBMITTED BY: Bronson Faul, Assistant City Attorney Sergeant Kelly Willard, Yakima Police Department SUMMARY EXPLANATION: This ordinance amends Chapters 5.54, 5.64, and 5.70 of the Yakima Municipal Code to modify and clarify the reporting requirements of secondhand property dealers and to include requirements for obtaining valid identification for such transactions. This ordinance also adds Violation and Penalty requirements for Chapters 5.54, 5.64, and 5.70 of the Yakima Municipal Code for second hand property dealers in the City of Yakima. Resolution: Ordinance: X Other (Specify): Contract Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal N/A Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: Phone: City Manager APPROVED FOR SUBMITTAL: Al RECOMMENDATION: The Public Safety Committee voted to move this item to the full Council for the Council's consideration. ATTACHMENTS: Description Upload Date Type Ordinance re reporting requirements of used property dealers - strikeout copv 3/3/2015 Ordinance Ordinance re reporting requirements of used 0 3138015 Ordinance property dealers - final cop' ORDINANCE NO. 2015 - AN ORDINANCE amending and adding to the City of Yakima municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.54.040 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan or purchase or salo, a record thereof containing: 1. The signature of the person with whom the transaction is made; 42. The date of the transaction; 32. The name of the person or employee conducting the same; 43. The name, date of birthag4, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; ctroot of hair and facial appoarance of the person with whom the purchase is made; �. The name, street and house number of the owner of the property bought or received in pledge; 5. The street and house number of the place from which the property bought or received in pledge was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a 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 a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 76. A description of the property bought or received in pledge which in the case of watches, clocks and bicycles, motorcycles, automobiles, guns and revolvers, cameras, tires or any other kind or character of property having a number or numbers, shall contain the name of the maker and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the articles purchased are furniture or the contents of any house or room, actually inspected on the premises, a general record of the transaction shall be sufficient; 78. The price paid or the amount loaned; 9. The number of any contract or pawn ticket received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the city managor, city attorney, chief of police or any other police officer of the city of Yakima. (Ord. A- 581 § 4, 1921). Section 2. Section 5.54.050 of the Yakima Municipal Code is amended to read as follows: Every pawnbroker doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, reportfurnish to the chicf of police of said city, in the manner prescribedon such forms as by the chief of police, 4=Flay far-eviela-thaFefe-ra full, true and correct transcript of the records of all loans, sale* e-r and purchases made and transactions had on the preceding day, and if he has good cause to believe that any of the property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person from whom the same was received by him. (Ord. A -581 § 5, 1921). Section 3. Section 5.54.100 of the Yakima Municipal Code is added to read as follows: 5.54.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 4. Section 5.64.050 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of each purchase or sato, a record thereof containing: 1. The signature of the person with whom the transaction is made; (1)2. The date of the transaction; {24a The name of the person or employee conducting the same; {-3}4. The name, date of birthae, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; color of hair, and facial appearance of the person from whom the purchase is made; _(il) The name, street and house number of the owner of the property {5)5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a 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 a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; {6}7. A description of the property purchased, which in the case of watches, clocks, bicycles, motorcycles, automobiles, or any other kind or character of property having a number or numbers, shall contain the name of the maker, and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the article purchased is furniture or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient; provided, further, that where any of such articles bear numbers, letters or other marks of identification, not more than two of the most prominent thereof need be given; and provided, further, that marks on articles of less value than twenty -five cents need in no event be given. {�}8. The price paid; (9)9. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the city manager, city attorney, chief of police or any other police officer of the city of Yakima. (Ord. A -620 § 5, 1 921). Section 5. Section 5.64.060 of the Yakima Municipal Code is amended to read as follows: Every secondhand dealer doing business in the city of Yakima shall, at the request of the chief of police, shall before noon of every day, reportfurnich to in the manner prescribed by the chief of police, on such forms as the chief of police may provide therefor, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 6. Section 5.64.080 of the Yakima Municipal Code is amended to read as follows: No secondhand dealer shall receive any property from any person under the age of twenty- onoeighteen years, any person known to the dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years, - - - - - e, - - -- -- - - - - - -e , - - - - - - -- - ,or any person in an intoxicated condition.,, ani rocoivor of ctolon proporty, whothor cuch porcon bo acting in hic own bohalf or a& tho agont of anothor. (Ord. A -620 § 8, 1921). Section 7. Section 5.64.100 of the Yakima Municipal Code is added to read as follows: 5.64.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 8. Section 5.70.020 of the Yakima Municipal Code is amended to read as follows: The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 19.60.025 Duty to record information — Precious metal property. 19.60.0 /12 Roport to chiof law onforcomont officor— Procious motal doalors. 19.60.057 Retention of precious metal property — Inspection. 19.60.067 Secondhand precious metal dealers— Prohibited acts — Penalty. 19.60.077 Precious metal dealers— Licensure required. 19.60.095 Precious metal sales— Hosted home parties. (Ord. 2012 -19 § 1 (part), 2012). Section 9. Section 5.70.021 of the Yakima Municipal Code is added to read as follows: 5.70.021 Register Every secondhand precious metal dealer doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of each purchase or sale, a record thereof containing: 1. The signature of the person with whom the transaction is made; 2. The date of the transaction; 3. The name of the person or employee conducting the same; 4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; 5. The street and house number of the place from which the property purchased was last removed; 6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a 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 a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required; 7. A complete description of the precious metal property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color of stone or stones and a photograph of the property; 8. The price paid; 9. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased 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 the chief of police or any other police officer of the city of Yakima, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. A -620 § 5, 1921). Section 10. Section 5.70.025 of the Yakima Municipal Code is added to read as follows: 5.70.025 Daily Report Every secondhand precious metal dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day, report in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. Section 11. Section 5.70.026 of the Yakima Municipal Code is added to read as follows: Following notification from a law enforcement agency that an item of property has been reported as stolen, the secondhand precious metal dealer shall hold that property intact and safe from alteration, damage, or commingling. The secondhand precious metal 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 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. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within ten business days. If such written notice is not received within that period of time, then the hold order will cease. The secondhand precious metal dealer shall give a twenty -day written notice before the expiration of the one hundred twenty -day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within twenty days, then the hold on the property shall continue for an additional one hundred twenty days. The applicable law enforcement agency may renew the holding period for additional one hundred twenty -day periods as necessary. After the receipt of notification from a secondhand precious metal dealer, if an additional holding period is required, the applicable law enforcement agency shall give the secondhand precious metal dealer written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency 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 after the item on hold is determined not to be stolen or lost. Section 12. Section 5.70.100 of the Yakima Municipal Code is added to read as follows: 5.70.100 Violation and Penalty 1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor. 2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. Section 13. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 17 day of March, 2015. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: