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Home My WebLink About1981 Ordinance No. 045!' ' . • • • ORDINANCE NO. 4S SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ESTABLISHING CHAPTER 15 OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE 1969 CONCERNING THE PURCHASE OF VALUABLE ARTICLES, REQUIRING A HOLDING PERIOD, NOTICE TO THE ENGLEWOOD POLICE DEPARTMENT, PROVIDING FOR A BUSINESS AND OCCUPATIONAL FEE AND DECLARING AN EMERGENCY. WHEREAS, the City Council hereby finds and determines that law enforcement officials are hindered in the identification and recovery of stolen valuable articles due to the ease with which such articles are transferred to and disposed of by third parties; and WHEREAS, the City Council further finds and determines that law enforcement officials are hindered in the discovery and identification of persons selling stolen valuable articles due to the absence of any record-keeping system by persons purchasing valuable articles; and WHEREAS, the City Council, by enacting this article, seeks to a i d law enforcement officials in the discovery and identif i- cation of sellers of stolen valuable articles and in the identi- fication and recovery of stolen valuable articles by providing a mandatory record-keeping and reporting system by purchasers and by providing a holding period during which such articles may not be altered or disposed of. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sect ion 1. Chapter 15, Title XI, entitled "Purchase of Valuable Articles" is hereby added to the Englewood Municipal Code of 1969 as amended, to read as follows: 11-15-1: PURCHASE OF VALUABLE ARTICLES Definitions. As used in this article, unless the context otherwise requires: (1) "Purchase" means giving money to acquire any valuable article. "Purchase" does not include the exchange of a valuable article for another valuable article. (2) "Purchaser" means any person holding himself out to the public as being engaged in the business of buying valuable articles or any person who purchases five or more valuable articles during any thirty-day period. "Purchaser" does •• • • • not include a person purchasing valuable articles from a retail or wholesale merchant who deals in goods of that kind. (3) "Seller" means any person offering a valuable article for money to any purchaser. (4) "Valuable article" means any tangible personal property consisting, in whole or in part, of precious or semi- precious metals or stones. 11-15-2: PURCHASER TO IDENTIFY SELLER (1) No purchaser shall purchase any valuable article with- out first securing adequate identification from the seller. The type and kind of identification shall be limited to the following: (a) a valid Colorado driver's license; (b) an identification card issued in accordance with Section 42-2-402, C.R.S. 1973; (c) a valid driver's license containing a picture issued by another state; (d) a military identification card; (e) a valid passport; or (f) an alien registration card • 11-15-3: PURCHASES PROHIBITED No purchaser shall purchase any valuable article from any person under the age of eighteen years or from any person under the influence of alcoholic beverages or drugs or from any person who has sold any valuable article to the purchaser within the previous 30 days. 11-15-4: PURCHASER TO MAINTAIN RECORDS (1) Every purchaser of valuable articles shall keep a record on a form provided by the Englewood Police Department on which he shall enter the following information: the name, address, and age of the seller and his driver's license number or other I.D. number from any other allowed form of identification pursuant to Section 11-15-2, the (2) (3) date and place of the purchase; an accurate and detailed account and description of the valuable articles being purchased, including, but not limited to, any identifi- cation or serial numbers on such articles and a descrip- tion by weight and design of such articles. The seller shall sign his name on such record. Such record shall be made available to any law enforce- ment officer for inspection at any reasonable time. -2- • • • • ... . (4 ) The record need not be kept longer than three years after the date of the purchase of the valuable articles described herein. 1 1-1 5 -5: HOLDING PERIOD A purchaser shall hold all valuable articles within the city . for a period of thirty days from the date of purchase, during which time the valuable articles shall be held separate and apart from any other purchased articles and shall not be changed in form or altered in any way. The purchaser shall permit any requesting law enforcement officer to inspect the valuable articles during the thirty-day period. 11-15-6: REPORTS REQUIRED Every purchaser of valuable article• shall provide the local law enforcement agency, on a weekly baais, with two copies of the records of all valuable article• purchaaed during the preceding week. The Chief of Police ahall desiqnate the day of the week on which the record• •hall be aubmitted. 11-15-7: BUSINESS AND OCCUPATION PBB There is hereby imposed on each !l8r•on or entity transacting business as a purchaser of valuable article• aa defined in this chapter a business and occupation fee of $250 per annum to be paid annually. (a) Such fees shall be due and payable to the Director of Finance on or before each conaecutive twelve-month period. (b) Upon receipt of aaid fee, the Director of Finance shall issue a receipt showing the name of the person or entity paying the same, the annual twelve-month period for which the fee is paid, and the location of the business, which receipt shall at all times through the said year be kept posted in a conspicuous place on said premises. 11-15-8: APPLICABILITY The provisions of this article shall not apply to private collectors purchasing collectors' items from other private collectors or from businesses engaged in selling collectors' i terns. For the purpose of this section, a "private collector" is an individual who purchases an item for a price greater than the prevailing 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 pur- chasing is not the immediate resale of the item. Sect i on 2. Severability. If any provision of this article or the application thereof to any person or circumstances is held -3- • 4 • • • • • invalid, such invalidity shall not affect the other provisions of this article which may be given effect without the invalid provision or application, and, to this end, ·the provisions of this article are declared to be severable. Section 3. An emergency is hereby declared, the immediate enactment o f this ordinance being necessary for the health, safety and welfare of the City of Englewood, there being an inunediate need to curb the illegal sale of stolen valuable articles. Introduced, read in full, and passed on first reading the .ls:t day of June, 1981. Published as a Bill for an Ordinance on the 3rd day of June, 1981. Read by title and passed on final reading on the 15th day of J u ne, 1981 Publ i shed by title as Ordinance No.~, Series of 1981, on the 17 th d ay of June, 1981. £~;?:'~ Attest: E~ene L. Otis, Mayor e~1$~;~r I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and fore- going is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. -//'5-, Series of 1981. le<J~-~~ -4-