HomeMy WebLinkAbout0574 Pawnbroker Records 2003CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 574
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTIONS
5.05.120 AND 5.05.150, ENACTING NEW SECTIONS 5.05.120 ACCURATE
RECORDS, 5.05.150 TRANSMITTAL OF DAILY REPORTS REQUIRED, 5.05.155
STOLEN PROPERTY - NOTIFICATION; 5.05.156 RELEASE OF HELD PROPERTY,
AND 5.05.240 RESPONSIBILITY FOR COMPLIANCE, REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS
AND PROVISIONS OF CHAPTER 5.05 NOT HEREIN AMENDED SHALL REMAIN
IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. The City of Pocatello obtained a grant to fund the purchase of
software and computers to assist in obtaining records from pawnbrokers. Chubbuck's
pawnbrokers will utilize the same system as the tracking of pawn information is a joint effort by
the City of Pocatello, the City of Chubbuck and Bannock County. This ordinances amends
Chubbuck's existing pawnbroker ordinance to allow conformity with electronic reporting of
pawn information.
Section 2. Repealed Sections. Sections 5.05.120 Pawnbroker to keep detailed
records and provide chief of police with copy and 5.05.150 Reports furnished to chief of police
are hereby repealed.
Section 3. New Sections. The following sections are hereby added to the Chubbuck
Municipal Code:
5.05.120 Accurate records - - transaction details required. Pawnbroker
responsible.
A. It shall be the duty of every pawnbroker doing business in the City to maintain in
his place of business a permanent electronic record, through software compatible with the City's
law enforcement record system, of all parties entering into transactions regulated by this Chapter
and a complete description of the transactions. The pawnbroker shall be responsible for ensuring
that each person entering into a transaction provides a current driver's license or other
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identification card issued by any state, federal or local government which includes a photograph
in order to verify the person's identity. The information to be transmitted shall include:
The nature and date of the transaction, and a number identifying it.
2. The store identification number assigned by the City and the name and/or
employee identification number of the person conducting the transaction on behalf of the
pawnbroker.
3. Name, date of birth, sex, height, weight, race, address an telephone number of
person with whom the transaction is made.
4. Type and identifying number of the personal identification used by the person
with whom the transaction was made.
5. Complete description of the property pledged, bought or consigned, including as
applicable: brand name, serial number, model number by name, any initials or engravings or
other identifying marks; size, pattern and type of jewelry, including color and cut information of
any stones; type of firearm, its caliber, barrel length and type of action.
6. The complete street address of the place from which the property involved in the
transaction was last removed.
B. Every transaction shall be evidenced by a written document, signed by the person
entering into the transaction, and a copy shall be furnished to the pledger. The document must
contain, at a minimum, the date of the transaction, the term of the loan, the date on which the
loan is due and payable, and information that the pledger has the right to redeem the pledge
within ten (10) days after the expiration of the loan term. The signed original must be retained
on file at the pawnbroker's business address for at least one year.
C. All paper and computer records of property received and transactions made shall
be open to, and made available for, inspection by the City's law enforcement personnel during
the pawnbroker's normal business hours.
5.05.150 Transmittal of daily reports required. Every pawnbroker doing
business in the City shall maintain in his place of business a complete paper and electronic record
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as described in this Chapter of all transactions conducted either by him/herself or by his
employees or other staff. A record of each day's transactions shall be transmitted at the end of
each business day to the Chubbuck Police Department via electronic transfer or through such
other method as approved by the Chief of Police or the Chief's designee.
5.05.120 Stolen property - - notification - - holding period. If a pawnbroker
has reasonable cause to believe that any property received in the course of his business is
property that may have been lost or stolen, the pawnbroker shall immediately report that fact in
writing to the Chubbuck Police Department, together with the name of the owner, if known, the
date of the transaction and the name of the party from whom the property was received. The
Chubbuck Police Department shall regularly review the records provided by pawnbrokers and
provide notice to any pawnbroker whose records show property which appears to be stolen.
A. Notice to hold property. If a pawnbroker receives written or verbal notification
from the Chubbuck Police Department that an item of property has been reported stolen, and the
pawnbroker has such item in his possession, the pawnbroker shall hold that property separate,
intact and sale from alteration, damage or co -mingling with the other property, and shall place an
identifying tag or other clearly legible identification on the property.
B. Preliminary/verbal ten-day hold. Following receipt of verbal notification by a
member of the Chubbuck Police Department that an item in his possession might be stolen
property, the pawnbroker shall hold the property for a period of ten working days, pending
written confirmation from the Police Department. If a written hold notice is not received within
the said ten days, the preliminary hold order shall expire and the pawnbroker shall have no
further duty to hold the property.
C. Written notice/sixty-day hold. Following receipt of a written notice that an item
of property has been stolen, the pawnbroker shall hold the property for sixty days from the date
of notification of the stolen status, unless earlier released in writing by the Chubbuck Police
Department or by written order of a court of competent jurisdiction. Provided, however, that the
item must be surrendered promptly to said Police Department upon its request. Ten days prior to
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the expiration of the sixty-day holding period, the pawnbroker shall send a written notice to the
Police Department of the impending release date to request approval for release. If the
pawnbroker fails to provide the notice, the property shall be held for an additional sixty-day
period. The Chubbuck Police Department shall respond promptly to the request, in writing,
either to state that no further hold is required or to require an additional holding period.
5.05.156 Release of held property.
A. The Police Department shall provide written notice as soon as practical to a
pawnbroker to release any hold placed on an item suspected of being stolen if it has been
determined that the item was not stolen or lost.
B. Whenever property that is being held by a pawnbroker pursuant to the provisions
above is required for criminal investigation or criminal proceedings, the Chubbuck Police
Department shall provide twenty-four hours' notice to the pawnbroker who shall produce the
property promptly and release it to the Department. The Chubbuck Police Department shall
provide a receipt for the property containing a description of the property, the reason for the
seizure, the criminal case number, if applicable, the name of the pawnbroker and the name of the
representative of the Police Department who accepted possession. The Police Department shall
retain the property pending an order for its disposition from a court of competent jurisdiction.
5.05.240 Pawnbroker responsible for compliance. The holder of any
pawnbroker's license is hereby considered to be responsible for compliance with the provisions
of this Chapter, and their license shall be subject to revocation or denial of renewal for any and
all acts of his employees or other staff in violation of this ordinance.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
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All other sections and provisions of Chapter 5.05 not herein amended shall remain in full force
and effect.
Section 2. Severability. If any provision of this ordinance is held invalid, for any reason,
by any court of competent jurisdiction, such holding shall not affect the validity or enforceability
of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall
become effective upon its passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this 12th day of August, 2003.
ATTEST:
9 e, ('%�
Ron Conlin, CITY CLERK
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SUMMARY OF ORDINANCE NO. 5.7 4
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
repealing Sections 5.05.120 and 5.05.150 regarding the records a pawnbroker keeps and the
transmittal of the same to the Police Department; enacting a new Section 5.05.155 setting forth
new record-keeping procedures for pawn information; Section 5.05.150 regarding the transmittal
of daily reports by electronic transfer; Section 5.05.155 regarding stolen property, notification to
the Police Department and holding that property for a period of time; Section 5.05.156 regarding
the release of held property; and Section 5.05.240 setting forth that the pawnbroker is responsible
for compliance with the provisions of Chapter 5.05 and providing that the license can be revoked
or denied renewal for violations by the pawnbroker's employees or other staff, providing that all
other provisions of Chapter 5.05 not amended shall remain in full force and effect; providing for
the severability of the provisions of this ordinance; providing that this ordinance shall be in full
force and effect after its passage, approval and publication as allowed by law.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 534 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this 12th day of August, 2003.
SUMMARY OF ORDINANCE NO. _ - Page 1
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