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0574 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 Repealed Sections.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detailed records and provide chief of police with copy and 5.05.150 Reports furnished to chief of police are hereby repealed.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 Ordinance - Page 1 chubbuck06.16a 0 • 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 Ordinance - Page 2 chubbuck06.16a 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 Ordinance - Page 3 chubbuck06.16a i 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. Ordinance - Page 4 chubbuck06.16a 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 Ordinance - Page 5 chubbuckO6.16a 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 chubbuck06.03a