HomeMy WebLinkAboutORDINANCE NO. 8741~ `7 9
ORDINANCE N0. 8741
An Ordinance providing for the regulation of those persons, firms or
corporations engaged in the purchase, collection, sale and exchange of used
articles to be resold; requiring a license,. the keeping of records; the general
regulation of the business, providing for penalties, and declaring an emer€ency.
,+:y,~~REAS, it is a natter of Common knotivlege that the business of dealing
in old junk, second hand articles and similar merchandise furnishes peculiar
facilities for the disposition and loss of identity of stolen goods, and articles
infected with contagious diseases; that the business can be made a convenient
"fence" for the protection of offenders f~_om discovery and punislunent and so to
psarnote thieving; that amass of t~:orn-out and discarded materials ar•e frequently
of highly combustible nature and theref are the business endangers the public
morals, safety acid ~velfGre and is a subject for the exercise of police regulation,
and
~:`1f=IEREAS, not~~:~itrlstalidipi~, the foregoing, the conduct of junk stores, <
second hand stores, pgwn° brokers'. stoi:•es and similar merchandising, ~~Jhen lawi'ully
conducted, is a legitimate business and is entitled to the same consideration and
protection afforded any business conducted in the city.
T~~ CITY OF EUGENE DOES ORDAIN AS FOi,LOViTS:
Section 1. It shall be unlativful in the city of Eugene for any person,-
t'irm or corporation to co:ramence or continue qs a substantial part of th~iir business
the collection, purchase, exchange and s~:le of used articles without having first
procured a license from the city of Eugene so to do.
Section 2. This ordinance is not to be deemed to apply to persons
dealing in new or• used automobiles, new and used furniture, new and used farm
implements and macrinery and similar business but shall be deemed to apply to those
places which devote a substantial portion of their business to buying, selling,
exchanging and lending upon, used articles.
Section 3. The Chief of Police of the cit;r of Eugene is hereby
authorized and directed to prepare blanks in_tabulated form t o be filled out in
ink by the herein described licensed merchants giving such inf ormation as he
shall deem necessary for the ready identification of goods purchased or acquired
by such merchant and each licensed merchant be and he is hereb~~ required to make
up a record of all purchases at the time purchased upon the forms provided by
the Chief of Police and to keep them in an orderly manner open for inspection of
and delivery to police officers.
Section 4. All used articles so purchased or acquired shall be segregated
in such a man_ler as to pex~rrzt their identity from fire record kept and shall be so
segregated for a pez•iod of seven days before resale, and iri case such merchant is
directed by a police off'icer• to continue said segregation for a further period of
seven days, such segregation shall continue for such period.
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(8741 Cont.)
Section S. I~To purchases or acquisitions shall be made from any person
under the age of twenty-one years of age unless they be accompanied by their
parents or guardians and no purchases or acquisitions shall be made from any
pgrsons who are incapable of dealing intelligently or• from any pez°sons under the
influence of narcotic drugs or intoxicating liquor.
Section 6. Each license so secured shall be posted in a conspicuous
place in the place of business and the license shall show on its face the date of
expiration. No such licensed merchant shall purchase or acquire property between
rr~dnight of Saturday ~.nd midnight of Sunday.
Section 7. Ar~y person engaged in the business of pawn broker shall
comply with the state law with reference to.pawn brokers and in addition thereto
shall comply with the provisions of this ordinance.
Section 8. Every person, firm or corporation desiring to engage as a
substantial portion of his business in the collection acquisition and purchase of
used articles shall before engaging in such business, file his application with
the City Recorder, which application shall state his name, residence, and shall
state the street and number of the location of his business and the name or names
of the owner or owners thereof, and accompany the same ~n;ith a payment to the
City .Recorder of ~S.UO.~license fee. Such application shall be referred to the
Chief of Police, who shall cause an investigati::~n to be made as to the reputation
of the applicant as a law-abiding citizen and as to arrests witY~ or without
conviction at any time and in any court and shall ascertain fro~~ the applicant
the character of the place which he intends to operate and shall secure from
available sources the applicant's general reputation for integrity and if such
investigation shall show that tY~e applicant is a iaw-abiding citizen, of good
repute, and has a good record for observances of the law, the Chief of Police shall
return the application to the City Recorder as approved, and otr~e~wise as
disapz>roved. In case of disapproval the applicant may then appeal to the City
Council from refusal to grant the license and the Council shall thereupon hold
a hearing of all matters herein and notify the applicant to be present and present
his case, and the Council shall then determine as to whether the findings of the
Chief of Police are correct, in which case they shall sustain such f irldir~ and if
incorrect, shall reverse them and direct a license .to issue. In case oz~ approval
by the Chief of Police or subsequent approval by the Council, the Recorder shall
issue the license for• aperiod of six months. Licenses sYiall be issued to run
from January first ana from July-first in each year. No license granted under the
provisions herein shall be assignable and all must be made in the same manner as
for the initial issuance of the license.
Section 9. Any pe~~son, firm or corporation violating an~,~ of the provisions
of this ordinance siiali be subject to a fide of not less than X500 and not exceedi
the sum of ~p200 .00 , a nd shall be irApri Boned in the c i ty j ail one day for e ach two
~-
dollars of such fine unpaid, all in addition to the provisions of Ordinance No. 858
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~~.8741 Cont. } ---- ---- -- --- _--- ~=-=--
as to revocation of licenses.
Section 10. All ordinances and parts of ordinances in conf lict herewith
are hereby repealed.
Section 11. VYhereas, the stolen goods are being vended in the various
second hand shops and pawn brokers shops in this city of Eugene, and the
police authorities are wholly unable to cope with the situation until they are
given authority to do so by a suitable ordinance, it is therefore de~~.ared that
this ordinance is necessary for the immediate preservation of the health, peace
and safety of the city of Eu~_ene, and that. an emergency exists and it is hereby
declared to be f oP the immediate preservation of the peace, health, and safety
of the city of Eugene that this oz°dinance take effect irumediately upon its passage
and approval by the Mayor, and it is so ordered.
Passed by the Common Council Approved by the Mayor this i
this 27th day of April, 1942 28th day of April, 1942
/s/ John Fields
City F~ecorde?: Pro Tem
:_/s/ Elisha Large
Mayer
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