Item 4: Ordinance on Used Merchandise Dealer Provisions

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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]14-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). The 14-day holding period does not apply to a pledge held by a pawnbroker. (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 and shall not remove gemstones from, or make other alterations to, pieces of jewelry. Upon 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. (78) 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. (89) Administrative rules. The city manager or the manager’s designee is authorized to promulgate rules necessary to carry out the provisions of this section following the procedures of section 2.019 of this code. (910) Enforcement. (a) Any peace officer may enforce the provisions of this section 4.989. (b) If it appears to the city manager that a used merchandise dealer has repeatedly and substantially violated this section or other laws applicable to used merchandise dealers, the city manager may initiate judicial proceedings for injunctive relief to prohibit the person from acting as a used merchandise dealer and to prohibit the purchase or sale of regulated property at the location where the violations occurred. (1011) Penalties. Violation of any of the requirements in subsections (1) – (8) of this section or the rules adopted pursuant to subsection (9) of this section is subject to punishment as provided in subsection 4.990(10). [In addition to the remedies provided in subsection 4.990(10), additional proceedings may be instituted, including but not limited to proceedings for injunctive relief, to enforce the provisions of subsections (1) – (8) of this section.] Each act that violates section 4.989 or any of the rules adopted pursuant to subsection (9) of this section is a separate offense. Section 2. Subsection (10) of Section 4.990 of the Eugene Code, 1971, is amended to provide as follows: 4.990 Penalties - Specific . Ordinance - Page 4 of 5