HomeMy WebLinkAboutOrdinance No. 20361
ORDINANCE NO. 20361
AN ORDINANCE CONCERNING USED MERCHANDISE
DEALERS, AND AMENDING SECTIONS 4.989 AND 4.990
OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 4.989 'of the Eugene Code, 1971, is amended to provide:
4.989 Used Merchandise Dealer - Reauirements.
(1) As used in this section, the following words and phrases mean:
(a) Approved identification. A currently valid identification issued by a
government agency that includes a physical description and
photograph of the person and bears the signature of the person.
(b) Chief of police. The person authorized by the city manager to carry
out the duties of the chief of the Eugene 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; and sporting equipment.
2. The term "regulated propertyU 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; books; 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
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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);
c. All tokens, coins, or money, whether commemorative
or an actual medium of exchange, adopted by a
domestic or foreign government as part of its
currency; or
d. 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,
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.
. Recording reauirements.
(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
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purchase bearing the signature of the customer for a period of one
year.
(3) Reportina reauirements.
(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 dealerJ,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) Reoortina fees. The city manager shall establish fees for the use of an
automated electronic reporting system in accordance with the procedures
of section 2.020 of this code. Such fees shall 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 reaulated oroperty.
(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 reaulated prooertv.
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(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 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 reaulated orooertv. 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) 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.
(9) Enforcement. Any peace officer may enforce the provisions of this section
4.989.
(10) Penalties. Violation of any of the requirements in subsections (1) - (8) 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.
Section 2. The entry for "4.980 to 4.989" in the matrix of Subsection (1) of
Section 4.990 of the Eugene Code, 1971 is amended, and a new entry for 4.989 and a
new Subsection (10) are added thereto, to provide:
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4.990 Penalties - SDecific.
(1) Violation of the following sections is punishable by fine or confinement in
jai1, or both, up to the amounts indicated opposite each:
Section
Penaltv
4.980 to 4.988
4.989
500 fine or imposition of administrative civil
penalty pursuant to section 2.018
See subsection (10) of this section
(10) Violation of section 4.989 and any rules adopted thereunder is punishable
by a fine of not more than $360. Each violation shall constitute a separate
offense, and each day that a violation continues shall constitute a
separate offense.
Section 3. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein, or in other provisions of the Eugene Code, 1971 to the provisions added,
amended, or repealed herein.
Passed by the City Council this
13th day of February, 2006
Approved by the Mayor this
Itt
tr day of February 2006
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