HomeMy WebLinkAboutOrdinance 6205 09/17/2007
ORDINANCE NO. 6205
AN ORDINANCE AMENDING ARTICLE 7 OF THE SPRINGFIELD MUNICIPAL CODE
REPEALING EXISTING SECTIONS 7.100, 7.102, 7.104, 7.106 AND 7.108 AND ADDING
SECTIONS 7.100, 7.102, 7.104, 7.106, 7.108, 7.110 AND 7.112
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Section 7.100, "License Required," Section 7.102, "License Fee," Section
7.104, "Records," Section 7.106, "Restriction on Purchases," and Section 7.108
"Restriction on Sales" of the Springfield Municipal Code are hereby repealed.
Section 2. Section 7.100, "License Required'" Section 7.102, "License Fee," Section
7.104, "Used Merchandise Dealer-Requirements," Section 7.106, "Alternate Recording
Requirements,lI Section 7.108, "Restriction on Purchases," Section 7.110, "Restriction
on Sales," and Section 7.112, "Penalties" are hereby added to the Springfield Municipal
Code as follows:
"Section 7.100 License Required.
(1) No person shall establish, maintain or operate a used merchandise dealer
business within the city unless a license for that use is obtained from the city.
Every place or building where a used merchandise dealer carries on, shall be
deemed a used merchandise dealer subject to the provisions of Sections 7.100 to
7.112. Each licensee shall meet the applicable standards as described in sections
7.000 to 7.112.
(2) Sections 7.100 to 7.112 shall not apply to persons dealing exclusively in
automobiles, farm implements and machinery, books or books on tape,
secondhand clothing, or charitable, non-profit organizations.
(3) The requirements of Sections 7.100 to 7.112 shall apply to the owner,
manager, operators, employees and agents of the licensee's business.
Section 7.102 License Fee. Each licensee shall be required to pay the
applicable license fee as set by Resolution of the Common Council.
Section 7.104 Used Merchandise Dealer-Requirements.
(1) As used in this section, the following words and phrases mean:
(2)
(a) Approved Identification. A currently valid identification issued by
an agency that includes a physical description and photograph of
the person and bears the signature of the person.
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(b) Chief of Police. The person authorized by the city manager to carry
out the duties of the chief of the Springfield Police Department, or
his or her designee.
(c) Peace Officer. As defined in ORS 133.005.
(d) Purchase. The buying, exchanging, transferring, collecting,
consigning or otherwise acquiring of regulated property from
another person not a used merchandise dealer, for resale,
exchange or transfer by the purchaser. This includes taking
possession of regulated property with an expressed or implied
agreement or understanding to return regulated property at a
subsequent time at a stipulated price or for the payment of a
storage or handling fee.
(e) Regulated Property.
1. Except for property excluded in paragraph (e) 2 below, any
used or secondhand personal property, including, but not
limited to, precious metals and gems; watches, jewelry, and
household items containing precious metals or precious
gems; audio and video equipment and media; photographic
and optical equipment; electrical office equipment; yard and
garden tools; power equipment and tools; hand tools;
telephones or telephone equipment; musical instruments;
firearms; collectible coins, paper money or tokens.
2. The term "regulated property" does not include any of the
following property: vehicles required to be registered with
the state Motor Vehicles Division; boats required to be
certified by the state Marine Board; transactions conducted
by financial institutions as defined by 31 CFR 9103.11 and by
credit unions as defined by 12 CFR 9700.2(d), books and
books on tape; collectable trading cards (e.g., baseball
trading cards or movie trading cards); glassware; furniture;
clothes; refrigerators, stoves, washers, dryers, window air
conditioner units, and other similar major household
appliances; small kitchen appliances; or property that is
purchased for investment purposes, limited to the following:
a. Gold bullion bars or rounds (0.995 fine or better);
b. Silver bullion bars or rounds (0.995 fine or better); or
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c. Postage stamps, stamp collections and philatelic
items.
(f) Used merchandise dealer.
1. A person who engages in, conducts, manages, or carries on
any business that, as part or all of its business:
a. Purchases regulated property; or
b. Lends money on security of regulated property.
2. A used merchandise dealer does not include:
a. A person who engages in, conducts, manages, or
carries on any business that does not buy regulated
property outright, but occasionally accepts in trade
regulated property as part or full payment for new
articles, where such business is incidental to the
primary business of the sale of new articles;
b. A person who engages in, conducts, manages, or
carries on any business that deals exclusively in the
purchase and sale of used whole automobiles, books
or books on tape, trading cards and sports
memorabilia, clothing, furniture, major household
electric or gas appliances, or farm implements and
machinery; or
c. A person who engages in, conducts, manages, or
carries on any nonprofit corporation or association
that purchases, sells or otherwise exchanges only
donated articles.
d. A person whose purchases do not exceed 10 items of
used merchandise each month; or,
A person who expends not to exceed $100.00 each
month acquiring used merchandise; and
who completes the Alternate Recording Requirements
of Section 7.106, and who purchases the license
required by Section 7.100.
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(2) Recording requirements.
(a) At the time of purchase, a used merchandise dealer shall accurately
record the description of the regulated property purchased and the
approved identification of the person from whom the regulated
property was purchased.
(b) Used merchandise dealers shall record purchases of regulated
property via an automated electronic reporting system approved by
the city.
(c) All records of purchases shall be kept in an orderly manner on the
used merchandise dealer's business premises and open for
reasonable inspection by peace officers upon their demand. Each
used merchandise dealer shall keep a paper record of each
purchase bearing the signature of the customer for a period of one
year.
(3) Reporting requirements.
(a) Within 12 hours of a purchase, a used merchandise dealer shall
input and transmit the recorded information required under
subsection (2) using the automated electronic reporting system
approved by the city.
(b) Only reports containing complete information shall be deemed to
comply with this section.
(c) In the event that the automated electronic reporting system
becomes inoperable, a used merchandise dealer's computer system
becomes inoperable, or other event that makes reporting within the
time allowed by subsection (a) of this subsection impossible, the
used merchandise dealer shall immediately report the occurrence of
such event to the chief of police. The chief of police may suspend
the reporting requirements of subsection (a) of this subsection for
a reasonable period until electronic reporting can resume. Once
the chief of police determines that reporting can resume, used
merchandise dealers must, within 12 hours, input and transmit the
information required under subsection (2) for all purchases made
during any period reporting was suspended by the chief of police
using the approved automated electronic reporting system.
(4) Reporting fees. The Common Council shall, by Resolution, establish fees
for the use of an automated electronic reporting system. Such fees shall
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reflect the costs associated with providing electronic automated reporting
system services to used merchandise dealers. Used merchandise dealers
shall be charged the fees on an annual basis, and the fees shall become
due 45 days after the date billed.
(5) Limitations on the purchase of regulated property.
(a) A used merchandise dealer shall not:
1. Purchase regulated property with serial numbers,
personalized inscriptions or initials, or other identifying
marks, which are or have been altered, obliterated,
removed, or otherwise rendered illegible;
2; Purchase regulated property from a person under the age of
18 years.
3. Purchase regulated property from a person who is obviously
under the influence of drugs or intoxicating liquor; or
4. Knowingly purchase regulated property from a person who is
not the owner of the regulated property or parent or
guardian of the owner of the regulated property.
(b) A used merchandise dealer shall comply with all applicable federal,
state, and local laws and regulations.
(6) Limitations on the sale of regulated property.
(a) Regulated property purchased by any used merchandise dealer
shall not be sold for a period of 7 full days after the date the report
required in subsection (3) is received by the city. The used
merchandise dealer shall maintain the purchased property in
substantially the same form as purchased and shall not commingle
the property in a manner that precludes identification during this 7-
day holding period. The purchased property shall be located on the
business premises during normal business hours during this holding
period so that it can be inspected as provided in subsection (7).
(b) Upon reasonable belief that the purchased property is the subject
of theft, the chief of police may provide notice to any used
merchandise dealer not to dispose of any specifically described
property purchased. The used merchandise dealer shall retain the
property in substantially the same form as purchased. Upon
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receipt of notice pursuant to this subsection, the used merchandise
dealer shall not sell, exchange, dismantle or otherwise dispose of
the property for a period of time, as determined and stated in the
notice by the chief of police, not to exceed 180 days from the date
of purchase.
(7) Inspection of used merchandise dealers and regulated property. Upon
presentation of official identification, any peace officer may enter onto the
business premises of any used merchandise dealer to ensure compliance
with the provisions of subsections (1) - (6). The inspection shall be for
the limited purpose of inspecting any regulated property purchased by the
dealer, held by the dealer pursuant to subsection (6), or the records
incident thereto. Any inspection pursuant to this subsection shall only be
authorized to occur during normal business hours.
(8) Enforcement. Any peace officer may enforce the provisions of this Section
7.104.
Section 7.106 Alternate Recording Requirements.
(1) A record of purchase form shall be completed at the time of purchase or
consignment of goods immediately upon delivery of the goods to the
licenses business premises. The forms provided to the licensee shall be
completed in a legible manner, providing all the information called for on the
form. The licensee shall keep them in orderly manner, open for the
inspection of and delivery to police officers upon their demand.
(2) The record of purchase forms shall be provided by the city for the ready
identification of all goods purchased or consigned by or through the licensed
business and shall contain:
(a) Name of business;
(b) Date of the transaction;
(c) Time of the transaction;
(d) Name of the employee or owner transacting the business;
(e) Amount to pay for the goods;
(f) A detailed description and quantity of each article, including but
not limited to brand, name, color, model, and serial number;
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(g) Name and address of the seller;
(h) A physical description and birth date of the seller;
(i) Reference to valid photographic identification of the seller; and
(j) The signature of the seller.
(3) The licensee shall require persons pawning or selling merchandise to sign
the record of purchase form.
Section 7.108 Restriction on Purchases. No purchase or consignment of
items subject to Sections 7.100 to 7.112 may be made from any person under
the age of 18 years, unless the person has obtained the age of majority by being
married according to law. No purchase or consignment may be made from any
person incapable of intelligent dealing or under the influence of narcotic drugs or
intoxicating liquor.
Section 7.110 Restriction on Sales.
(1) All used goods purchased or consigned by the licensee shall be segregated
in a manner as to permit their ready identification by the record required in
Section 7.104 and 7.106, for a period of seven days after purchase or
consignment. A police officer may at any time order the licensee to hold any
goods for a period not to exceed ten days when the police officer has a
reasonable suspicion to believe the goods are stolen.
(2) A person conducting an antique/secondhand business shall store all used
articles in either a building or an enclosure surrounded by a solid wall or
painted board fence at least six feet high and of such character as to
prevent view of the used goods or articles from without the property.
(3) The wall or fence shall be maintained in a good condition and in good repair
at all times.
(4) As used in this section, to store or storage is that supply of used articles that
is set aside for or awaiting future sale. The requirements of this section do
not apply to the display for sale of used articles or goods for periods of time
not exceeding 24 consecutive hours.
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Section 7.112 Penalties. Violation of any of the requirements in subsections
of this section is subject to punishment as provided in the Springfield Municipal
Code. In addition to the remedies provided in the Springfield Municipal Code,
additional proceedings may be instituted, including but not limited to proceedings
for injunctive relief, to enforce the provisions of Section 7.100 through 7.110."
Section 2. If any phrase, clause, or other part or parts of this Article is found to be
invalid by a court of competent jurisdiction, the remaining phrases, clauses and other
part or parts shall remain in full force and effect.
Section 3. This ordinance shall become effective as specified in Springfield Municipal
Code Section 2.110.
Adopted by the City Council of the City of Springfield this 17th day of September
2007 by a vote of 6 in favor 0 against.
Approved by the Mayor of the City of Springfi
2007.
ATTEST:
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REVIEWED & APPROVED
AS TO FORM
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OFFICE OF CITY ATTORNEY
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