HomeMy WebLinkAbout2529Ordinance'No. 2529
(Amending or Repealing Ordinances)
CFN = 175 Business License
Passed - 2/4/1985
Repealing and enacting a new 5.10 "Pawnbrokers"
(now Chapter 5.05)
Amended by 4007 (5.05.080;5.05.090)
ORDINANCE NO.5
4ve
p AN ORDINANCE of the City of Kent,
IWashington, relating to pawnbrokers and second-
hand dealers; repealing Chapter 5.10 Kent City
Code (Ordinance 1235, as amended by Ordinances
1923 and 1971); enacting a new Section 5.10A
pkKent City Code .
WHEREAS, the incidents of dealings in stolen property
continues to be a significant problem for the public and law
8Q
enforcement; and
3'
WHEREAS, an effective deterrant to property crimes is the
oi�5
elimination of markets for stolen goods; and
.3135
WHEREAS, to protect the public from property losses that
m
result when stolen goods circulate in the marketplaces, it is
necessary to regulate used goods dealers whose business have
historically been subject to close regulation in order to control
the flow of stolen property; and
WHEREAS, it is in the public interest to regulate pawn-
brokers and secondhand dealers to maintain and provide an honest
and fair marketplace for the lawful sale and exchange of second-
hand and used goods; and
WHEREAS, the State by Chapter 10, Laws of 1984, has
revised Chapter 19.60 RCW relating to pawnbrokers and secondhand
dealers; and
WHEREAS, it is the intent of the City to maintain regula-
tion and enforcement by the City consistent with regulation and
enforcement under State law; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 5.10 Kent City Code (Ordinance 1235
as amended by Ordinances 1923 and 1971), be and the same is hereby
repealed.
Section 2. A new Chapter 5.10A Kent City Code is added
as follows:
5.10A.010. DEFINITIONS. Unless the context clearly
requires otherwise, the definitions in this Section apply through-
out this chapter.
A. Melted metals means metals derived from junk metal
or precious metals that have been reduced to a melted state from
other than ore or ingots which are produced from ore that has not
previously been processed.
B. Metal junk means any metal that has previously been
milled, shaped, stamped, or forged and that is no longer useful in
its original form, except precious metals.
C. Nonmetal junk means any nonmetal, commonly discarded
item that is worn out, or has outlasted its usefulness as intended
in its original form except nonmetal junk does not include an item
made in a former period which has enhanced value because of its
age.
D. Pawnbroker means every person engaged, in whole or
in part, in the business of loaning money on the security of
pledges, deposits or conditional sales of personal property.
E. Precious metals means gold, silver, and platinum.
F. Secondhand dealer means every person engaged, in
whole or in part, in the business of purchasing, selling, trading,
consignment selling, or otherwise transferring for value, second-
hand property including metal junk, melted metals, precious
metals, whether or not the person maintains a fixed place of
business within the State.
G. Secondhand property means any item of personal prop-
erty offered for sale which is not new, including metals in any
form, except postage stamps, coins that are legal tender, bullion
in the form of fabricated hallmarked bars, and clothing of a
resale value of seventy-five dollars ($75.00) or less, except furs
H. Transaction means a pledge, purchase, or consignment
by a pawnbroker or secondhand dealer from a member of the general
public.
5.10A.014. FIXED PLACE OF BUSINESS. No person may
operate as a pawnbroker unless the person maintains a fixed place
of business within the City of Kent.
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5.10A.020. RECORDS OF TRANSACTIONS.
A. Every pawnbroker and secondhand dealer doing business
in the City of Kent shall maintain wherever that business is
conducted a record in which shall be legibly written in the
English language, at the time of each transaction the following
information:
1. the signature of the person with whom the
transaction is made;
2. the date of the transaction;
3. the name of the person or employee conducting
the transaction;
4. the name, date of birth, sex, height, weight,
race and address of the person with whom the transaction is made;
5. a complete description of the property pledged,)
bought, or consigned, including the brand name, serial number,
model number, initials, engravings, size, patterns, and color, and
in the case of firearms, the caliber, barrel length, type of
action, and whether it is a pistol, rifle, or shotgun;
6. the price paid or the amount loaned;
7. the type and identifying number of identifica-
tion used by the person with whom the transaction is made, which
shall consist of a valid drivers license or identification card
issued by any state or two pieces of identification issued by a
government agency, one of which shall be descriptive of the person
identified; and
8. the nature of the transaction, a number identi-
fying the transaction, the name and address of the business
conducting the transaction, and the location of the property.
B. This record shall at all times during the ordinary
hours of business or at reasonable times if ordinary hours of
business are not kept, be open to the inspection of any commis-
sioned law enforcement officer of the City, State or any of its
political subdivisions, and shall be maintained wherever that
business is conducted for three years following the date of the
transaction.
5.10A.040. REPORT TO CHIEF OF POLICE.
A. Upon request every pawnbroker and secondhand dealer
doing business in the City of Kent shall furnish or mail within
twenty-four (24) hours to the Chief of the Kent Police Department
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on such forms as are provided by the Chief, a full, true, and
correct transcript of the record of all transactions conducted on
the preceding day within the City of Kent.
B. If a pawnbroker or secondhand dealer has good cause
to believe that any property in his or her possession has been
previously lost or stolen, the pawnbroker or secondhand dealer
shall promptly report that fact to the Chief of Police together
with the name of the owner, if known, and the date when, and the
name of the person from whom it was received.
5.10A.045. LAW ENFORCEMENT HOLDS. Following notifica-
tion from a law enforcement agency that an item of property has
been reported as stolen, the pawnbroker or secondhand dealer shall
hold that property intact and safe from alteration, damage, or
commingling. The pawnbroker or secondhand dealer shall place an
identifying tag or other suitable identification of property so
held. Property held shall not be released for one hundred twenty
(120) days from the date of police notification unless released by
written consent of the applicable law enforcement agency or by
order of a court of competent jurisdiction. The pawnbroker or
secondhand dealer shall give ten (10) days written notice before
the expiration of the one hundred twenty (120) day holding period
to the applicable law enforcement agency about the stolen
property. If notice is not given within the required ten (10) day
period, then the hold on the property shall continue for an addi-
tional one hundred twenty (120) days. The applicable law enforce-
ment agency may renew the holding period for additional one
hundred twenty (120) day periods as necessary.
5.10A.050. RETENTION OF PAWNED PROPERTY - INSPECTION.
Property bought or received in pledge by any pawnbroker shall not
be removed from that place of business, except when redeemed by
the owner, within fifteen (15) days after receipt of the prop-
erty. Property shall at all times during the ordinary hours of
business be open to inspection to any commissioned law enforcement
officer of the City, State or any of its political subdivisions.
5.10A.055. RETENTION OF CONSIGNED PROPERTY - INSPECTION.
A. Property bought or received on consignment by a
secondhand dealer with a permanent place of business in the State
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shall not be removed from that place of business, except consigned
property returned to the owner, within fifteen (15) days after the
receipt of the property. Property shall, at all times during the
ordinary hours of business, be open to inspection to any commis-
sioned law enforcement officer of the City, State or any of its
political subdivisions.
B. Property bought or received on consignment by a
secondhand dealer without a permanent place of business in the
City, shall be held within the City, except consigned property
returned to the owner, for fifteen (15) days after receipt of the
property. The property shall be available for inspection at
reasonable times by any commissioned law enforcement officer of
the City, State or any of its political subdivisions.
5.10A.060. RATES OF INTEREST AND OTHER FEES. All pawn-
brokers are authorized to charge and receive interest and other
fees at the following rates for money loaned on security of
personal property actually received in pledge:
A. The interest shall not exceed:
1. for an amount loaned up to $19.99 - interest at
$1.00 per month;
2. for an amount loaned from $20.00 to $39.99 -
interest at the rate of $1.50 per month;
3. for an amount loaned from $40.00 to $75.99 -
interest at the rate of $2.00 per month;
4. for an amount loaned from $76.00 to $100.99 -
interest at the rate of $2.50 per month;
5. for an amount loaned from $101.00 to $125.99 -
interest at the rate of $3.00 per month;
6. for an amount loaned from $126.00 or more -
interest at the rate of 3% per month;
B. The fee for preparation of documents, pledges, or
reports required under the laws of United States of America, the
State of Washington or Counties, or the City of Kent, shall not
exceed:
1.
2.
of $2.00;
3.
the sum of $3.00;
for the amount loaned up to $4.99 - sum of $.50
for the amount loaned from $5.00 to $9.99 - sum
for the amount loaned from $10.00 - $19.99 -
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C. Fees under Subsection (B) of this Section may be
charged one time only during the term of a pledge.
D. A copy of this Section set in 12 point type or
larger, shall be posted prominently in each premises subject to
this Chapter.
4.
for
the
amount
loaned
from
$20.00 -
$29.99 -
the
sum
of
$4.00;
5.
for
the
amount
loaned
from
$30.00
- $39.99 -
the
sum
of
$5.00;
6.
for
the
amount
loaned
from
$40.00
- $49.99 -
the
sum
of
$6.00;
7.
for
the
amount
loaned
from
$50.00
- $59.99 -
the
sum
of
$7.00;
8.
for
the
amount
loaned
from
$60.00
- $69.99 -
the
sum
of
$8.00;
9.
for
the
amount
loaned
from
$70.00
- $79.99 -
the
sum
of
$9.00;
10.
for
the
amount
loaned
from
$80.00
- $89.99 -
the
sum
of
$10.00;
C. Fees under Subsection (B) of this Section may be
charged one time only during the term of a pledge.
D. A copy of this Section set in 12 point type or
larger, shall be posted prominently in each premises subject to
this Chapter.
11.
for
the
amount
loaned
from
$90.00 -
$99.99 -
the
sum
of
$11.00;
12.
for
the
amount
loaned
from
$100.00
- $124.99 -
the
sum
of
$12.00;
13.
for
the
amount
loaned
from
$125.00
- $149.99 -
the
sum
of
$13.00;
14.
for
the
amount
loaned
from
$150.00
- $174.99 -
the
sum
of
$14.00;
15.
for
the
amount
loaned
from
$175.00
- $199.99 -
the
sum
of
$15.00;
16.
for
the
amount
loaned
from
$200.00
- $249.99 -
the
sum
of
$16.00;
17.
for
the
amount
loaned
from
$250.00
- $299.99 -
the
sum
of
$17.00;
18.
for
the
amount
loaned
from
$300.00
- $399.99 -
the
sum
of
$18.00;
19.
for
the
amount
loaned
from
$400.00
- $499.99 -
the
sum
of
$19.00;
20.
for
the
amount
loaned
from
$500.00
or more -
the
sum
of
$20.00;
C. Fees under Subsection (B) of this Section may be
charged one time only during the term of a pledge.
D. A copy of this Section set in 12 point type or
larger, shall be posted prominently in each premises subject to
this Chapter.
5.10A.061. SALE OF PLEDGED PROPERTY LIMITED - 90 DAY
REDEMPTION PERIOD.
A. A pawnbroker shall not sell any property received in
pledge within ninety (90) days after the term of the loan
expires. However, if a pledged article is not redeemed within the
ninety (90) day period, the pawnbroker has all rights, title, and
interest of the pledgor or the pledgor's assigns.
B. Every transaction entered into by a pawnbroker shall
be evidenced by a written document, a copy of which shall be
furnished to the pledgor. The document shall set forth the loan
period, the date of which the loan is due and payable, and shall
inform the pledgor of the pledgor's right to redeem the pledge
within ninety (90) days after the expiration of the loan term.
5.10A.066. It is a misdemeanor for:
A. Any person to remove, alter, or obliterate any
manufacturer's make, model or serial number, personal identifica-
tion number, or identifying marks engraved or etched upon an item
of personal property that was purchased, consigned, or received in
pledge;
B. Any person to knowingly make, cause, or allow to be
made any false entry or misstatement of any matter in a book,
record, or writing required to be kept under this Chapter;
C. Any pawnbroker or secondhand dealer to receive any
properties from any person under the age of 18 years, any person
under the influence of intoxicating liquor or drugs, or any person
known to the pawnbroker or secondhand dealer as having been
convicted of burglary, robbery, theft, or possession of or
receiving stolen property within the past ten (10) years whether
the person is acting in his or her own behalf or as the agent of
another; or
D. Any person to violate knowingly any provisions of
this Chapter;
E. Violation of any of the Sections of this Chapter is
a misdemeanor punishable by not more than one year in jail and/or
a fine of not more than $5,000, or both.
5.10A.085. TRANSACTIONS EXCLUDED. The provisions of
this Chapter do not apply to transactions conducted by the
following:
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A. Motor vehicle dealers licensed under Chapter 46.70
RCW;
B. Motor vehicle wreckers or hulk haulers licensed
under Chapter 46.79 or 46.80 RCW;
C. Persons giving an allowance for the trade-in or
exchange of secondhand property on the purchase of other merchan-
dise of the same kind or greater value; and
D. Persons in the business of buying empty food and
beverage containers or nonmetal junk.
Section 3. If any provision of this ordinance or its
application to any person or circumstance is held invalid, the
remainder of this ordinance or the application of the provision to
other persons or circumstances is not affected.
Section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
f,
SABEL HOGAN, MAYOR
ATTEST:
MARIEJEN CITY C
APPROVED AS TO FORM:
P. STEP N DiJULIO, CITY ATTORNEY
PASSED the j day of �1nr'u0117U_ � 1985.
APPROVED the (;., day of F�eioI-1.lOX 1985.
PUBLISHED the _day of Febr-Li c,�_ 1985.
I hereby certify that this is a true copy of Ordinance
No.2?.5:�R , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
( SEAL )
MARIE J EN, C TY CLERK
00240-010