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HomeMy WebLinkAbout2022 Ordinance No. 0571 BY AUTHORITY ORDINANCE NO. 57 COUNCIL BILL NO. 62 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 5-15-1 OF ENGLEWOOD MUNICIPAL CODE REGARDING THE DEFINITION OF PAWNBROKER. WHEREAS, on May 26 , 2022, Colorado Governor Jared Polis signed into law HB22- 1324, amending the definition of pawnbroker in CRS § 29-11.9-101 to comply with caselaw interpretations; and WHEREAS, to comply with caselaw interpretations and mirror state law, Englewood Municipal Code must be revised accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 15, Section 5-15-1 of Englewood Municipal Code is hereby amended to read as follows (new provisions bold/italics, deleted provisions struck through): 5-15-1: Definitions. As used in this Chaptersection, the following terms shall be defined as follows have the meanings indicated: A. Contract for Purchase: A contract entered into between a pawnbroker and a customer pursuant to which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer to the pawnbroker on the condition that the customer, for a fixed price and within a fixed period of time, to be no less than thirty (30) days, has the option to cancel said contract. B. Fixed Price: The amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed: (1) Oone-fifth (⅕) of the original purchase price for each month, plus the original purchase price. C. Fixed Time: That period of time, to be no less than thirty (30) days, as set forth in a contract for purchase, for an option to cancel said contract. D. Local Law Enforcement Agency: Any marshal's office, police department, or sheriff's office with jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction. DocuSign Envelope ID: C89A7C85-AB89-4845-8400-0D9711F9B4C9 2 E. Local Licensing Authority: Means the governing body of a municipality or city and county in any incorporated area of the state. F. Option: Means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may be but does not have to be rescinded by the customer. G. Pawnbroker: A person who, in the course of their business, is (1) regularly engaged in the business of making contracts for purchase, (2) both regularly engaged in the business of making or purchase transactions and also regularly or occasionally makes contracts for purchasein the course of business. A pawnbroker is not a This section shall not apply to secondhand dealers unless except where applicable law specifically states otherwiseadopted by another section. H. Person: Any individual, firm, partnership, association, corporation, company, organization, group or entity of any kind. I. Purchase Transaction: Means tThe purchase by a pawnbroker in the course of their his/her business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase. J. Secondhand Goods: Includes aAny tangible personal property not sold as new and normally having been used by one (1) or more intermediaries, including tools and electronic devices. Secondhand goodsproperty does not include items that were sold as new and returned by the customer for exchange or refund, or . Secondhand property includes but is not limited to tools and electronic devices. Also, secondhand property does not include reconditioned property purchased from a wholesaler. K. Secondhand Dealer: A person engaged in the business of buying and selling or reselling secondhand goods. L. Tangible Personal Property: All personal property, other than a choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered tointo the possession of a pawnbroker in the course of theirhis/her business in connection with a contract for purchase or purchase transaction. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances 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 its application to other persons or circumstances. B. 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. DocuSign Envelope ID: C89A7C85-AB89-4845-8400-0D9711F9B4C9 3 C. 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. D. Safety Clauses. The City Council hereby finds, determines, 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 determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 17th day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper the 20th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. Read by Title and passed on final reading on the 7th day of November, 2022. DocuSign Envelope ID: C89A7C85-AB89-4845-8400-0D9711F9B4C9 4 Published by Title in the City’s official newspaper as Ordinance No. 57, Series of 2022, on the 10th day of November, 2022. Published by title on the City’s official website beginning on the 9th day of November, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 57, Series of 2022. Stephanie Carlile DocuSign Envelope ID: C89A7C85-AB89-4845-8400-0D9711F9B4C9