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HomeMy WebLinkAbout2014 Ordinance No. 035ORDINANCE N0.3~ SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 4, SUBSECTION G, ENTITLED PAWNBROKERS AND SECOND HAND DEALERS; TITLE 5, CHAPTER 16, SECTION 4, SUBSECTION G, ENTITLED AUTOMOBILE PAWNBROKERS; AND TITLE 5, CHAPTER 23 ENTITLED PURCHASER OF VALUABLE ARTICLES, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the City is authorized to license and regulate pawnbrokers, auto pawnbrokers, and purchasers of valuable articles by 31-15-40(l)(n) and 31-15-501 et. seq. C.R.S.; and WHEREAS, pawnbrokers, second hand dealers and purchasers of valuable articles are required to provide infonnation regarding transactions to the Englewood Police Department; and WHEREAS, historically this infonnation has been delivered on a weekly basis on paper pawn tickets or reports; and -WHEREAS, as a convenience to both the high volume licenses as well as the Englewood • Police Department, the Englewood Police Department has provided a means for the larger pawnbrokers to submit this information electronically; and WHEREAS, as part of the electronic system, web cameras are provided to the pawnbrokers to capture the image of the customer making the transaction; and WHEREAS, currently the four major pawnshops in Englewood have voluntarily complied with the Englewood Police Departments request to participate in this program, however, compliance in submitting photographs has been sporadic; and WHEREAS, electronic submission of the transaction information also allows electronic transmission to Colorado Crime Infonnation Center (CCIC) and National Crime Infonnation Center (NCIC) by this system; and WHEREAS, the use of the electronic system greatly enhances the ability of the Englewood Police Department to investigate property crimes and burglaries; and WHEREAS, with electronic submission detectives can see the transactions within 24 hours rather than the two to three weeks for paper pawn tickets and receipts for purchases of valuable articles. WHEREAS, the amendment of regulations for purchasers of valuable articles license holders will create consistency in the reporting process for all similar licenses . 9 b iii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 15, Section 4, Subsection G, entitled Required Acts of the Englewood Municipal Code 2000, to read as follows: S-15: PAWNBROKERS AND SECONDHAND DEALERS. S-15-4: Special Conditions and Restrictions of the License. In addition to the requirements in Chapter 1 of this Title, the following special conditions or restrictions apply: [EDITORS NOTE: Title 5, Chapter 15, Section 4, Subsections A through F contain no changes and are therefore not included here.] G. Required Acts: 1. A pawnbroker or secondhand dealer shall keep a numerical register in which shall be recorded the following information: the name, address, and date of birth of the customer; the customer's driver's license number or other identification number from any other form of identification which is allowed for sale of valuable articles pursuant to Colorado Revised Statutes or this Code, or for the pawning or sale of secondhand property pursuant to Colorado Revised Statutes or this Code; the date, time and place of the contract for purchase or purchase transaction; and an accurate and detailed account and description of each item of tangible personal property, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying marks on such property. The pawnbroker shall also obtain a written declaration of the customer's ownership which shall state that each piece of tangible personal property is totally owned by the customer, or shall have attached to such declaration a power of sale from the partial owner to the customer, how long the customer has owned each piece of property, whether the customer or someone else found the property, and, if the property was found, the details of the finding. 2. If the contract for purchase or other purchase transaction involves more than one item, each item shall be recorded on the pawnbroker's or secondhand dealer's register and on the customer's declaration of ownership. 3. The customer shall sign his or her name in such register and on the declaration of ownership and receive a copy of the contract of purchase or a receipt for the purchase transaction. 4. The customer shall affix a right index fingerprint to the declaration of ownership. ~ The customer shall affix an electronic photo to the declaration of ownership. ~ ~-Such register shall be made available to any local law enforcement agency for inspection at any reasonable time. 2 • • The pawnbroker or secondhand dealer shall keep each register for at least three (3) years after the date of the last transaction entered in the register. + ~. A pawnbroker shall hold all contracted goods within his/her jurisdiction for a period of ten ( 10) days following the maturity date of the contract for purchase, during which time such goods shall be held separate and apart from any other tangible personal property, and shall not be changed in form or altered in any way . .g 2. A pawnbroker shall hold all property purchased by him/her through a purchase transaction for thirty (30) days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property, and shall not be changed in form or altered in any way. 9 J.il. Every pawnbroker shall provide the local law enforcement agency, on a weekly basis, with two (2) copies of the records, on a form to be provided or approved by the local law enforcement agency gf all tangible personal property accepted during the preceding week and one copy of the customer's declaration of ownership form. The form shall contain the same information required to be recorded in the pawnbroker's register pursuant to this Section. The local law enforcement agency shall designate the ~ ~ of the week on which the records and declarations shall be submitted. In addition. ifa pawnbroker has over fifty <SQ) transactions a week. an electronic record of the transaction including a photo of the customer shall he submitted daily. ~ .U. Every pawnbroker shall clear, through the City, prior to release, all firearms, other than those which are newly manufactured and which have not been previously sold at retail. H ~. Every pawnbroker shall pay a fee for every transaction form submitted to the City. This fee is imposed to offset the cost of administering this license. This fee shall be determined by the City and set by resolution. ~ ,U. Every pawnbroker shall, at his/her expense, keep records or provide reports in such manner and by such methods as may be determined from time to time by the Licensing Officer. [EDITORS NOTE: Title 5, Chapter 15, Section 4, Subsections H through K contain no changes and are therefore not included here.] Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 16, Section 4, Subsection G, entitled Automobile Pawnbrokers of the Englewood Municipal Code 2000, to read as follows: 5-16: AUTOMOBILE PAWNBROKERS. [EDITORS NOTE: Title 5, Chapter 16, Section 4, Subsections A through F contain no changes and are therefore not included here.] 5-16-4: Special Conditions and Restrictions of the License. In addition to the requirements in Chapter 1 of this Title, the following special conditions and restrictions apply: 3 G. Required Acts: • 1. An automobile pawnbroker shall keep a numerical register in which shall be recorded the following information: the name, address and date of birth of the customer; the customer's driver's license number or other identification number from any other form of identification which is allowed for sale of valuable articles pursuant to Colorado Revised Statutes; or for the sale of secondhand property pursuant to Colorado Revised Statutes or this Code: the date, time and place of the contract for purchase or purchase transaction; and an accurate an d detailed account and description of each item of tangible personal property, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying marks on such property. The automobile pawnbroker shall also obtain a written declaration of the customer's ownership which shall state that each piece of tangible personal property is totally owned by the customer, or shall have attached to such declaration a power of sale from the partial owner to the customer, how long the customer has owned each piece of property, whether the customer or someone else found the property, and, if the property was found, the details of the finding. 2. If the contract for purchase or other purchase transaction involves more than one item, each item shall be recorded on the automobile pawnbroker's register and on the customer's declaration of ownership. 3. The customer shall sign his or her name in such register and on the declaration of ownership and receive a copy of the contract of purchase or a receipt for the -purchase transaction. 4. The customer shall affix a right index fingerprint to the declaration of ownership. ~ The customer shall affix an electronic photo to the deciaration °( ownership. i ~. Such register shall be made available to any local law enforcement agency for inspection at any reasonable time. el, The automobile pawnbroker shall keep each register for at least three (3) years after the date of the last transaction entered in the register. +~. An automobile pawnbroker shall hold all contracted goods within his/her jurisdiction for a period of ten (10) days following the maturity date of the contract for purchase, during which tim e such goods shall be held separate and apart from any other tangible personal property, and shall not be changed in form or altered in anyway. 82. An automobile pawnbroker shall hold all property purchased by him/her through a purchase transaction for thirty (30) days following the date of purchase, during which time such property shall be held separate and apart from other tangible personal property. and shall not be changed in form or altered in any way. 9-l.Q . Every automobile pawnbroker shall provide the local law enforcement agency, on a weekly basis, with two (2) copies of the records, on a form to be provided or • 4 approved by the local law enforcement agency~ all tangible personal property accepted during the preceding week and one copy of the customer's declaration of ownership form. The form shall contain the same information required to be recorded in the automobile pawnbroker's register pursuant to this Section. The local law enforcement agency shall designate the 4Me diu:; of the week on which the records and declarations shall be submitted. In addition. if an auto mobjle pawnbroker has over fifty <SQ} transactions a week, an electronic record of the transaction including a photo of the customer shall he submitted daily. -1-Q ll-Every automobile pawnbroker shall pay a fee for every transaction fonn submitted to the City. This fee is imposed to offset the cost of administering this license. This fee shall be determined by the City and set by resolution. H ,U. Every automobile pawnbroker shall, at his/her expense, keep records or provide reports in such manner and by such methods as may be determined from time to time by the Licensing Officer. [EDITORS NOTE: Title 5, Chapter 16, Section 4, Subsections H through J contain no changes and are therefore not included here.] Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 23, entitled Purchaser of Valuable Articles of the Englewood Municipal Code 2000, to read as follows: 5-23: PURCHASER OF VALUABLE ARTICLES -5-23-1: Definitions. For the purpose of this Chapter, the following tenns, phrases, words and their derivations shall have the meanings given herein: Precious or Semiprecious Metals or Stones: This definition includes, but is not limited to gold, silver, platinum, pewter, alexandrite, diamonds, emeralds, garnets, opals, rubies, sapphires, and topaz. Also, included under this definition is ivory, coral, pearls, jade and other such minerals, stones, or gems as are customarily regarded as precious or semiprecious. Private Collector: Any person who purchases an item for a price greater than the market price of the item's metallic or stone composition, who has an interest in preserving the item in its unique or historical form, and whose primary purpose in purchasing is not the immediate resale of the item. Purchase: Giving money to acquire any valuable article. Purchaser: Any person holding himself out to the public as being engaged in the business of purchasing valuable articles, or any person who purchases five (5) or more valuable articles in any thirty (30) day period. A purchaser does not include a person purchasing valuable articles from a retail or wholesale merchant who deals in goods of that kind. Seller: Any person offering a valuable article for money to any purchaser. s Valuable Article: Any tangible personal property consisting, in whole or in part, of precious or semiprecious metals or stones including collector coins. 5-23-2: License Required. It shall be unlawful for any person to offer or purchase valuable objects in the City of Englewood without first obtaining a license except for the following classes of persons: A. Private collectors purchasing valuable items from other private collectors. 5-23-3: Application for License. Purchaser of Valuable Articles Licenses shall be issued in accordance with Chapter 1 of this Title. 5-23-4: Special License Requirements. In addition to the reauirements in Chapter 1 of,J.his.JJlle, the following special condition or restrictions apply: A. Licenses issued under this Chapter shall not be transferred to another person or location. B. Applicants will be subject to a police background investigation as part of the application. C. ReguiredActs: A PaFehaser of 1/altiaele Aftielesbieease holder seaU 'IEeep a n1:1mefieal regisler •Nhleh will iael¼U:le the feUot.•.4ftg iBfoRRados: 1"f The same. adEI.Fe!16, ans SMe efeiftA eHhe-ea&temer. ~ The ~emer's eriYer!s Ueease ffll:fMer or oll!.er ideatifieatia:a ftlffllber ffom Gi'\Y ether feRi:I of ideBtitieatieB wftieh is aUewee fer sale ef rJaluaele atiieles p~ to SWtte sklaaes. ~ The date,, Y.m.e mBB plaee of~ pur-ehese, .ll:IMI as a~e aae e~eiled: aeee!:IBt asd Elesoritnioe of ea.eh wk¼able a:raele, ineh¾~ hut not UmUeEI 10 , any ideRlifieat4ea ~ery,eeFial 8Qftl9E!'f, 1B&leri~ t,cpe, RHt etie, deeemiftMien, er e~er ifieatiP}iHg !MFkti es suea p,eru~1't)•. 4. The lieeRSe ao1aer she:1:1 al:90 ebtain n writ1ee aeela,at-:ioa of the eas~omel'ts eWMFship vrhieh shell stale dtat ea.eh ·;alY&ble aele is ioiaU¥ 0¥,ceed °e¥ the ewsleH!ieF, eF saaH h1we attached to suoh deelarat:ieft a pewe, ef sale ff0ffl ihe J:!Mia:l ew1Her te t:he eu.stemer, J:iiew loag l:he aYStomeJ he:s 0 1,Vfted eaeb pieee ef JlropeAy, wh~er the 6'!Steme, er oeJReeee else fousEi t-he pre~ aed if tke fll'8Peff!,' was foYB!i, t:he delMls sf ~e muiiBg. l-A purchaser of yalua\}le articles Jicense holder shall keeQ-anumedcaJ registedn which shall be recorded the following information: the name, ~ddress. and date of birth of the customer; the @stomer's driver's license numbg or other identification numher from any other form of ideotUkation wruch is allowed for sale of valuable aqicles pursuant to Colorado Revised Statutes or thjs Coda or for the pawning or sale of secondhand property pursuant to Colorado Revised Statutes or this Code; ~date. ti me and place of the purchase transaction; and an accurate and detailed 6 • • account and description of each item of tangible personal property including, but not limited to, any trademark, identification number, serial number, model number, brand name. mint date, denomination. or other identifying marks on such property. The license holder shall also obtain a written declaration of the customer's ownership which shan state that each valuable article is tota1ly owned by the customer. or shan have attached to such declaration a power of sale from the partial owner to the customer, how Jong the customer has owned each piece of property, whether the customer or someone else found the property and, if the property was found, the details of the finding. If the purchase transaction involves more than one item, each item shall be recorded on the license holder's register and on the customer's declaration of ownership. The customer shall sign his or her name in such register and on the declaration of ownership and receive a copy of the contract of purchase or a receipt for the purchase transaction. The customer shall affix a right index fingerprint to the declaration of ownership. The customer shan affix an electronic photo to the declaration ofownership. Such register shall be made available to any local law enforcement agency for inspection at any reasonable time. The purchaser of valuable articles shall keep each register for at least three (3) years after the date of the last transaction entered in the register. A purchaser of valuable articles license holder shall hold all property purchased by him or her ef figm thirty (30) days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property, and shall not be changed in form or altered in any way. Every purchaser of valuable articles license holder shall provide the local law enforcement agency, on a weekly basis, with two (2) copies of the records, on a form to be provided or approved by the Local Law Enforcement Agency of all valuable articles purchased during the preceding week and one copy of the customer's declaration of ownership f.m;m . The fonn shall contain the same information required to be recorded in the license holder's register pursuant to SYbseelien A ef this Section. The Local Law Enforcement Agency shall designate the day of the week on which the records and declarations shall be submitted. In addition, if a valuable articles license holder or purchaser has over fifty <SQ) transactions a week. an electronic record of the transaction including a photo of the customer sha11 be submitted daily, Every purchaser of valuable articles license holder shall pay to the City a fee for every transaction form. This fee is imposed to offset the cost of administering this li cens e. This fee shall be determined by the City and set by resolution . 7 i:.. ll. Every purchaser of valuable articles license holder shall, at his/her expense, keep records or provide reports in such manner and by such methods as may be detennined from time to time by the Local Law Enforcement Agency or the Licensing Officer. M .u. No purchaser of valuable articles license holder, employee, or agent of the purchaser of valuable articles license holder shall purchase any valuable article from any person under the age of eighteen (18) years or from any person under the influence of alcoholic beverage or drugs. ~ .u. No purchaser of valuable articles license holder, employee, or agent of the purchaser of valuable articles license holder shall purchase any valuable article from any person !mown to be a thief or to have been convicted of larceny or burglary, without first notifying the Local Law Enforcement Agency. Such notice shall not be deemed as authorization by the City for the purchaser of valuable articles to make a purchase from such person. G ,li. No purchaser of valuable articles license holder shall take any valuable article from a customer on consignment. :p ,U. No purchaser of valuable articles license holder, employee or agent of a purchaser of valuable articles license holder shall purchase any valuable article wherein the identification number, serial number, model number, brand name, owner's identification number or other identifying marks on such property have been totally or partially obscured. Q ,lA. Any police officer may order a purchaser of valuable articles license holder to hold any valuable article for purposes of further investigation. A hold order shall be -effective upon verbal notification to the purchaser of valuable articles license holder by any police department. No sale or other imposition may be made of such property held by any purchaser of valuable articles while the hold order remains outstanding. A hold order shall supersede all other provisions of this Section, and any sale or other disposition of the property after the purchaser of valuable articles bas been notified by the Local Law Enforcement Agency of a hold order shall be unlawful and a violation of this Section. & 11. If any police officer determines that any valuable article held by a license holder is stolen or illegally obtained property, such officer may immediately confiscate such property and must provide the purchaser of valuable articles license holder with a receipt and case report number. s u. A license holder who purchases any valuable article from a customer who is not the owner thereof obtains no title to the article. Ignorance of the fact that the article was lost or stolen shall not be construed to have any effect on the title. If the purchaser of valuable articles license holder shall sell such article to a third person, the license holder shall recover the article or reimburse the fair market value of the article. The lawful owner may, upon proof of his or her ownership of the article lost or stolen, claim the same from the license holder or recover the same by the appropriate legal means. • 8 Section 4. Safety Clauses. The City Council hereby finds, detennines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circwnstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circwnstances. Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 16th day of June, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of June, 2014. 9 Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of • June, 2014 for thirty (30) days. Read by title and passed on final reading on the 7th day of July, 2014. Published by title in the City's official newspaper as Ordinance No. 3S:-Series of 2014, on the 11th day of July, 2014. Published by title on the City's official website beginnin g on the 9th day of July, 2014 for thirty (30) days. This Ordinance shall talce effect thirty (30) days after publication following final passage. ~(?'?::_ ~ P . Penn, Mayor ---= , I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is d.tµre copy of the Ordinance passed on final reading and published by title as Ordinance No. _33 Series of 2014. 10 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 16, 2014 9 a iii Update EMC section 5-15-4:G-9 requiring submission of transaction information to the Police Department Initiated By: Staff Source: Police Department Commander Tim Englert COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The current ordinance related to EMC 5-15-4: Special Conditions and Restrictions of the license, came before Council: (Ord. 97-46; Ord. 99-17; Ord. 00-43; Ord. 08-5, § 3; Ord. 09-10, § 1) The proposed amendment to the current ordinance was discussed with City Council at the June 2, 2014 Study Session. RECOMMENDED ACTION The Police Department is recommending that City Council approve a bill for an ordinance authorizing an -amendment to section 5-15-4:G-9 of the Englewood Municipal Code to requi re electronic submission of transaction information to the Police Department. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Pawnbrokers are required to provide information regarding transactions to the Englewood Police Department. Historically this information has been delivered on a weekly basis on paper pawn tickets. The Police Department has provided a means for the Pawnbrokers to submit this information electronically. The Police Department has contracted with Leads on line to provide the software for pawnbrokers to submit electronic transaction information to the Police Department. The software and employee training is provided by the vendor to the pawnbrokers. Web cameras are also provided to the pawnbrokers to capture the image of the customer making the transaction. Currently the four major pawnshops in the City have voluntarily complied with the Police Departments request to participate in this program. Compliance in submitting photographs has been sporadic. Electronic submission of the transaction information is also transmitted to CCIC and NCIC by the system. This system greatly enhances the ability of the Police to investigate property crimes and burglaries. The paper tickets often were entered 2 to 3 weeks after the transactions due to staffing issues at the Police Department. With the electronic submission Detectives can see the transactions within 24 hours. Numerous other local departments including, Lakewood, are currently using the software provided by this vendor. FINANCIAL IMPACT The requested change in the ordinance has no financial impact on the licensed pawnbrokers. The Police Department will see a reduction in required staff hours for data entry, and the previously mentioned greatly enhanced efficiency in the investigation of property crimes. ATTACHMENTS Proposed Bill for an Ordinance . . .