HomeMy WebLinkAbout10/21/2014 11 Secondhand Property Dealers Reporting Requirements; YMC Amendment Chapters 5.54 and 5.70BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: October 21, 2014
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ITEM TITLE: 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
SUBMITTED BY: Bronson Faul, Assistant City Attorney
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:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Amount:
Ordinance: X
Item Budgeted: NA
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Public Safety
City Manager
RECOMMENDATION:
Pass the Ordinance.
ATTACHMENTS:
Description
Ordinance re Reporting requirements for used
property dealers
Ordinance re Reporting requirements for used
property dealers
Upload Date Type
10/13/2014
10/13/2014
Ordinance
Ordinance
AN ORDINANCE
ORDINANCE NO. 2014 -
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,
purchase or sale, 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 birthage, sex, height, weight, race, and address and
telephone number of the person with whom the transaction is made; street
of hair and facial appearance of the person with whom the purchase is made;
/1. 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 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 a full copy of both sides 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, including a
photograph of the property, —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;
. The price paid or the amount loaned;
. The names, street and house numbers of all persons witnessing the
transaction;
g10. 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
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 policc
of said city, in the manner prescribedon such forms as by the chief of police, may
provide therefor, a full, true and correct transcript of the records of all loans, sales
or purchases made and transactions had on the preceding day, a photograph of
any property involved, 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 sale, a record thereof containing:
1. The signature of the person with whom the transaction is made;
f -43Z The date of the transaction;
9)3. The name of the person or employee conducting the same;
(3)4. The name, date of birthage, sex, height, weight, race, and address
and telephone number of the person with whom the transaction is made;
made;
yl) The name, street and house number of the owner of the property
purchased;
(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 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 a full copy of both sides 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, including a photograph of the
property„ 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.
{.7-}8. The price paid;
{.8}9. The names, street and house numbers of all persons witnessing the
transaction;
(9)10. 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, 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 shall, at the
request of the chief of police, shall before noon of every day, reportfurnish to in
the manner prescribed by the chief of police, on such forms as the chicf of policc
may provide therefor, a full, true and correct transcript of the records of all
purchases made and the transactions had on the preceding day, a photograph of
any property involved in a purchase or transaction, 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 5.64.100 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 7. 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 Report to chief law enforcement officer Precious metal dealers.
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 8. 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 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 a full copy of both sides 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, patter, and color of stone or stones and
a photograph of the property; 8. The price paid;
9. The names, street and house numbers of all persons witnessing the
transaction;
10. 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 9. 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, a
photograph of any property involved in a purchase or transaction, 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 10. 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 11. 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 21s1 day of October, 2014.
ATTEST: Micah Cawley, Mayor
Publication Date:
Effective Date:
City Clerk
AN ORDINANCE
ORDINANCE NO. 2014 -
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,
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
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 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 a full copy of both sides 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, including a
photograph of the property, 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 names, street and house numbers of all persons witnessing the
transaction;
10. 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,
sales or purchases made and transactions had on the preceding day, a
photograph of any property involved, 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 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 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 a full copy of both sides 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, including a photograph of the
property„ 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 names, street and house numbers of all persons witnessing the
transaction;
10. 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, a
photograph of any property involved in a purchase or transaction, 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 5.64.100 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 7. 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 8. 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 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 a full copy of both sides 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, patter, and color of stone or stones and
a photograph of the property; 8. The price paid;
9. The names, street and house numbers of all persons witnessing the
transaction;
10. 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 9. 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, a
photograph of any property involved in a purchase or transaction, 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 10. 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 11. 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 21st day of October, 2014.
ATTEST: Micah Cawley, Mayor
Publication Date:
Effective Date:
City Clerk