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Ordinance No. 20500
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2012 No. 20485-20503
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Ordinance No. 20500
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Last modified
11/28/2012 4:55:08 PM
Creation date
11/28/2012 4:55:02 PM
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Council Ordinances
CMO_Document_Number
20500
Document_Title
AN ORDINANCE CONCERNING USED MERCHANDISE DEALER PROVISIONS AND AMENDING SECTIONS 4.989 AND 4.990 OF THE EUGENE CODE, 1971.
Adopted_Date
11/26/2012
Approved Date
11/27/2012
CMO_Effective_Date
12/28/2012
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purchased property shall be located on the business premises during <br />normal business hours during this holding period so that it can be <br />inspected as provided in subsection (7). The 14 -day holding period <br />does not apply to a pledge held by a pawnbroker. <br />(b) Upon reasonable belief that the purchased property is the subject of <br />theft, the chief of police may provide notice to any used merchandise <br />dealer not to dispose of any specifically described property purchased. <br />The used merchandise dealer shall retain the property in substantially <br />the same form as purchased and shall not remove gemstones from, or <br />make other alterations to, pieces of jewelry. Upon receipt of notice <br />pursuant to this subsection, the used merchandise dealer shall not sell, <br />exchange, dismantle or otherwise dispose of the property for a period of <br />time, as determined and stated in the notice by the chief of police, not to <br />exceed 180 days from the date of purchase. <br />(8) Inspection of used merchandise dealers and regulated property Upon <br />presentation of official identification, any peace officer may enter onto the <br />business premises of any used merchandise dealer to ensure compliance with <br />the provisions of subsections (1) - (6). The inspection shall be for the limited <br />purpose of inspecting any regulated property purchased by the dealer, held by <br />the dealer pursuant to subsection (6), or the records incident thereto. Any <br />inspection pursuant to this subsection shall only be authorized to occur during <br />normal business hours. <br />(9) Administrative rules The city manager or the manager's designee is <br />authorized to promulgate rules necessary to carry out the provisions of this <br />section following the procedures of section 2.019 of this code. <br />(10) Enforcement <br />(a) Any peace officer may enforce the provisions of this section 4.989. <br />(b) If it appears to the city manager that a used merchandise dealer has <br />repeatedly and substantially violated this section or other laws <br />applicable to used merchandise dealers, the city manager may initiate <br />judicial proceedings for injunctive relief to prohibit the person from acting <br />as a used merchandise dealer and to prohibit the purchase or sale of <br />regulated property at the location where the violations occurred. <br />(11) Penalties Violation of any of the requirements in subsections (1) — (8) of this <br />section or the rules adopted pursuant to subsection (9) of this section is <br />subject to punishment as provided in subsection 4.990(10). Each act that <br />violates section 4.989 or any of the rules adopted pursuant to subsection (9) of <br />this section is a separate offense. <br />Section 2 . Subsection (10) of Section 4.990 of the Eugene Code, 1971, is amended to <br />provide as follows: <br />4.990 Penalties - Soecific <br />(10) Violation of section 4.989 is punishable as follows: <br />(a) A person who violates section 4.989 may be punished by a fine of not <br />more than $500. <br />(b) A person who violates section 4.989 after having been convicted at <br />three different times for violating section 4.989 may be punished by a <br />fine of not more than $1500 for each new violation. <br />Ordinance - Page 4 of 5 <br />
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