HomeMy WebLinkAboutItem 4: Ordinance on Used Merchandise Dealer Provisions
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning Used Merchandise Dealer Provisions
and Amending Sections 4.989 and 4.990 of the Eugene Code, 1971
Meeting Date: November 26, 2012 Agenda Item Number: 4
Department: Eugene Police Staff Contact: Det. Randy Berger
www.eugene-or.gov Contact Telephone Number: 541-682-5645
ISSUE STATEMENT
The State of Oregon has made changes to the regulations of certain Used Merchandise Dealers.
This proposed ordinance brings the City’s regulations into compliance with the state regulations,
and proposes other changes aimed at strengthening the regulations to increase the likelihood of
returning stolen property.
BACKGROUND
In 2006, the Eugene City Council amended the Used Merchandise Dealer Ordinance contained in
sections 4.989 and 4.990 of the Eugene Code. In 2012, the State adopted HB 4108 which regulates
Precious Metal Dealers, currently regulated under the City’s Used Merchandise Dealer regulations.
The State permits cities to modify their existing regulations to be consistent with the state
regulations. If the local jurisdiction does not make the necessary changes, the state legislation will
be in effect. The City of Eugene’s regulations are more comprehensive, so this draft ordinance
amends the existing City ordinance, so it is not preempted by the less-desirable state legislation.
Additional changes are also proposed that are based on the experience of implementing and
overseeing these regulations since adoption in 2006.
A public hearing was held November 19, 2012. Testimony was provided in support and
opposition of the ordinance. Several non-substantive changes are proposed to the ordinance as
presented at the public hearing, highlighted in the attached draft with double strike-through and
double-underline. The proposed changes are in response to public comments received at the
hearing, and clarification of original intent.
It should be noted that the current regulations as well as the proposed changes address
specifically businesses which purchase “regulated property”, or lend money on security of
“regulated property”. Regulated property includes precious metals, gems, watches, jewelry, AV
equipment, photo equipment, firearms and other property which is historically and traditionally
subject of property crimes. Regulated property does not include collectable trading cards,
glassware, furniture, clothes, home appliances, or collectables. While most of Eugene’s Used
Merchandise Dealers strive to cooperate with law enforcement and comply with both state and
local laws governing their business practices, Used Merchandise businesses are frequently used by
S:\CMO\2012 Council Agendas\M121126\S1211264.doc
criminals to dispose of stolen property. In 2009, property valued at $3.5 million was lost in
burglaries or robberies, while only 5% ($170,000) was recovered. In subsequent years, the
experience is similar, with $2.3 million stolen and 4% recovered in 2010, and $2.3 million stolen
and 2% recovered in 2011. These regulations are intended locate and recover stolen property,
and identify individuals involved in the sale of stolen property to businesses who buy regulated
property.
The following changes are proposed to align the City’s regulations with state regulations:
Section 4.989 (1) Adds definition of pawnbroker, pledge, and precious metal
-
Section 4.989 (3) Adds provisions for additional information that should be recorded when
-
items are purchased, and requires a photo be taken for all jewelry, gems and precious
metals
Section 4.989 (7b) Adds requirement that if the Police notify the used merchandise dealer
-
that jewelry is suspected of being stolen, the dealer cannot alter the piece
The following changes are proposed which will strengthen the city’s regulations and increase the
likelihood of returning stolen property.
Section 4.989 (2) Adds language which prohibits someone from owning or operating a used
-
merchandise business if they have been convicted for burglary, theft I, manufacture of a
controlled substance, or drug possession
Section 4.989 (7a) Increases the amount of time that regulated property must be held from
-
the time of purchase, from seven to fourteen days
Section 4.89 (10b) Adds provision that if used merchandise dealer has repeatedly and
-
substantively violated the regulations related to used merchandise dealers, the City
Manager may initiate judicial proceedings for injunctive relief to prohibit the person from
acting as used merchandise dealer, and to prohibit purchase and sale from that location
Section 4.990 (10a) Increase the maximum fine for first violations up to $500 from $360
-
Section 4.990 (10b) Increases the maximum fine after three previous similar convictions
-
up to $1500, from $360
Section 4.990 (10c) Increases the maximum fine after six previous similar convictions up to
-
$3000, from $360
Section 4.990 (10f) Specifies that violation of the rules related to this ordinance is subject
-
to the penalties
Of the changes proposed, one change which may receive significant community comment
increases the amount of time property is held from seven to 14 days. This change is requested to
allow law enforcement more time to determine if the property is the subject of a theft or burglary.
This delay will increase the likelihood stolen property can be recovered if the crime isn’t
immediately reported; often, victims don’t have a complete list of stolen property at the time the
report is taken, so supplemental reports are provided by the victim. This proposed change will
have an impact on Used Merchandise Dealers because they will need additional storage space for
items on hold, and it will increase their need for working capital, as assets are required to be held
longer.
Another change that may generate complaints is the recommendation to regulate who can own or
operate as a Used Merchandise Dealer. Because this proposal is intended to curb the intentional
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or unintentional trafficking of stolen merchandise, the recommendation is to prohibit people
convicted of some felony drug offenses and felony property crimes from owning or operating a
Used Merchandise Business. For these regulations, a Used Merchandise Business is strictly
defined as a business which purchases or lends money on property which is “regulated”, or
property with a higher likelihood of being stolen property. The recommended change prohibits
certain convicted felons from operating a business which is frequently used to commit property
felonies.
The final proposed change which may result in comments involves the increase in the amended
fine schedule. The current penalty for violating the Used Merchandise Dealer ordinance is
$360.00 per violation. The proposal is to increase this to $500 for a first offense, and up to $3,000
for a sixth and subsequent offense. This increase is needed because the $360 flat fine amount is
inconsequential compared with the profit reaped by flagrant violators. Recently EPD contacted a
business operator that had previous violations for dealing stolen property. The owner committed
that he was no longer buying regulated property. After a six month investigation, the dealer was
cited for 125 violations for unlawful transactions from which he gained $90,000 in revenue. His
conviction on those charges resulted in fines amounting to only $5,600.
The increased penalties are not intended to affect stores that make random errors in reporting or
compliance. Rather these penalties are for those stores currently in operation who repeatedly
violate the regulations, and behave in a manner consistent with criminal fencing operations, and
the Presiding Judge will determine fine amounts, based on the totality of the circumstances.
RELATED CITY POLICIES
This topic relates to the following:
Council Goal - Safe Community Vision: A community where people feel safe, valued and
welcome, with decreased property crime.
COUNCIL OPTIONS
1.Approve the ordinance as presented.
2.Amend the ordinance.
3.Table or end the work on the proposed ordinance, and allow state regulations to cover
precious metal dealers.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the ordinance be approved.
SUGGESTED MOTION
I move that the City Council approve Council Bill 5080 concerning used merchandise dealer
provisions and amending Sections 4.989 and 4.990 of the Eugene Code, 1971.
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ATTACHMENTS
A.Draft Ordinance showing changes made after the 11/19/12 Public Hearing
B.Draft Ordinance in regular legislative format
FOR MORE INFORMATION
Staff Contact: Carter Hawley
Telephone: 541-682-5852
Staff E-Mail: carter.r.hawley@ci.eugene.or.us
S:\CMO\2012 Council Agendas\M121126\S1211264.doc
ATTACHMENT A
Key to amendments made after 11/19 Public Hearing:
Additions shown in double underline
Deletions shown in double strikethrough.
ORDINANCE NO. ________
AN ORDINANCE CONCERNING USED MERCHANDISE DEALER
PROVISIONS 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 as follows:
4.989 Used Merchandise Dealer - Requirements
.
(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) Pawnbroker. A person, partnership, corporation or other business
association licensed as a pawnbroker under ORS chapter 726.
(e) Pledge. Any article deposited with a pawnbroker in the course of
the business of the pawnbroker as defined in paragraph (d) of this
subsection.
(f) Precious metal. Gold in eight karat or greater purity, silver,
platinum or palladium. Precious metal does not include unrefined
metal ore, an electronic product or any part of a mechanical system
on a motor vehicle that contains precious metal as a result of the
vehicle manufacturing process.
(dg) 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. It 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.
(eh) 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.
Ordinance - Page 1 of 5
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; 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 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. Palladium and platinum bars or rounds (0.995 fine or
better);
cd. 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
de. Postage stamps, stamp collections and philatelic items.; or
f. Privately manufactured coins.
(fi) 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.
(2) No person with a felony conviction for Burglary, Theft I, Manufacture of a
Controlled Substance or Schedule I or II Drug Possession may be
permitted to own or operate a used merchandise business.
(2)
3 Recording requirements.
(a) At the time of purchase, a used merchandise dealer shall accurately
record: the description of the regulated property purchase; the address,
date of birth and current telephone number of the person from
whom the regulated property was purchased; and the person’s
approved identification.
(b) The used merchandise dealer shall record an identifying
description and take a discernible, clear photograph of all jewelry,
gems and precious metal items. Pawnbrokers accepting a pledge
are not required to photograph the pledged item.
(bc) Used merchandise dealers shall record purchases of regulated property
via an automated electronic reporting system approved by the city.
Ordinance - Page 2 of 5
(cd) 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.
(34)
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.
(45)
Reporting 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.
(56)
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[.]; or
5. Remove gemstones from jewelry or alter jewelry at the time of
purchase or thereafter, or ask the seller to remove gemstones
or alter jewelry at time of purchase.
(b) A used merchandise dealer shall comply with all applicable federal,
state, and local laws and regulations.
(67)
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] 14 full days after the date the report
required in subsection (3) is received by the city. The used
Ordinance - Page 3 of 5
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
(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.] as follows:
(a) A person who violates section 4.989 may be punished by a fine of
not more than $500.
(b) A person who violates section 4.989 after having been convicted at
three different times for violating section 4.989 may be punished by
a fine of not more than $1500 for each new violation.
(c) A person who violates section 4.989 after having been convicted at
six different times for violating section 4.989 may be punished by a
fine of not more than $3000 for each new violation.
(d) Each violation of section 4.989 or any of the rules adopted
thereunder is a separate offense.
(e) For purposes of this section and section 4.989, “a violation of
sections 4.989” includes a violation of the rules adopted under that
section.
(f) For purposes of this section, “person” includes individuals,
corporations, partnerships and any form of business association.
Section 3.
The City Recorder, at the request of, or with the consent 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 Approved by the Mayor this
___ day of November, 2012 ____ day of November, 2012
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 5 of 5
ATTACHMENT B
ORDINANCE NO. ________
AN ORDINANCE CONCERNING USED MERCHANDISE DEALER
PROVISIONS 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 as follows:
4.989 Used Merchandise Dealer - Requirements
.
(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) Pawnbroker. A person, partnership, corporation or other business
association licensed as a pawnbroker under ORS chapter 726.
(e) Pledge. Any article deposited with a pawnbroker in the course of
the business of the pawnbroker as defined in paragraph (d) of this
subsection.
(f) Precious metal. Gold in eight karat or greater purity, silver,
platinum or palladium. Precious metal does not include unrefined
metal ore, an electronic product or any part of a mechanical system
on a motor vehicle that contains precious metal as a result of the
vehicle manufacturing process.
(dg) 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. It 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.
(eh) 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 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; books; collectable trading cards (e.g.,
baseball trading cards or movie trading cards); glassware;
Ordinance - Page 1 of 5
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);
c. Palladium and platinum bars or rounds (0.995 fine or
better);
cd. 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]
de. Postage stamps, stamp collections and philatelic items[.];
or
f. Privately manufactured coins.
(fi) 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.
(2) No person with a felony conviction for Burglary, Theft, Manufacture of a
Controlled Substance or Schedule I or II Drug Possession may be
permitted to own or operate a used merchandise business.
(2)
3 Recording requirements.
(a) At the time of purchase, a used merchandise dealer shall accurately
record: the description of the regulated property purchase; the address,
date of birth and current telephone number of the person from
whom the regulated property was purchased; and the person’s
approved identification.
(b) The used merchandise dealer shall record an identifying
description and take a discernible, clear photograph of all jewelry,
gems and precious metal items. Pawnbrokers accepting a pledge
are not required to photograph the pledged item.
(bc) Used merchandise dealers shall record purchases of regulated property
via an automated electronic reporting system approved by the city.
(cd) 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
Ordinance - Page 2 of 5
merchandise dealer shall keep a paper record of each purchase bearing
the signature of the customer for a period of one year.
(34)
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.
(45)
Reporting 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.
(56)
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[.]; or
5. Remove gemstones from jewelry or alter jewelry at the time of
purchase or thereafter, or ask the seller to remove gemstones
or alter jewelry at time of purchase.
(b) A used merchandise dealer shall comply with all applicable federal,
state, and local laws and regulations.
(67)
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] 14 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]14-day
Ordinance - Page 3 of 5
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
.
(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
Ordinance - Page 4 of 5
offense, and each day that a violation continues shall constitute a separate
offense.] as follows:
(a) A person who violates section 4.989 may be punished by a fine of
not more than $500.
(b) A person who violates section 4.989 after having been convicted at
three different times for violating section 4.989 may be punished by
a fine of not more than $1500 for each new violation.
(c) A person who violates section 4.989 after having been convicted at
six different times for violating section 4.989 may be punished by a
fine of not more than $3000 for each new violation.
(d) Each violation of section 4.989 or any of the rules adopted
thereunder is a separate offense.
(e) For purposes of this section and section 4.989, “a violation of
sections 4.989” includes a violation of the rules adopted under that
section.
(f) For purposes of this section, “person” includes individuals,
corporations, partnerships and any form of business association.
Section 3.
The City Recorder, at the request of, or with the consent 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 Approved by the Mayor this
___ day of November, 2012 ____ day of November, 2012
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 5 of 5