HomeMy WebLinkAboutOrdinance No. 20500 Scrivener Error MemoA
W City Attorney's Office
Date: February 5, 2013
To: Beth Forrest, City Recorder
From: Jerry Lidz, Assistant City Attorney
Subject: Scrivener Error Correction to EC 4.989 / Ordinance No. 20500
Memorandum
It has come to our attention that reference errors exist in Ordinance No. 20500 that adopted
amendments to EC 4.989 on November 26, 2012.
EC 4.989 contains subsection references that were not amended when a new subsection was
added to that section. Please effect scrivener error corrections to EC 4.989 to correct the
references in the following subsections as shown in legislative format below:
4.989 Used Merchandise Dealer - Requirements
(1) As used in this section, the following words and phrases mean:
(h) Regulated property.
1. Except for property excluded in paragraph [(e)](h)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.
(4) Reporting requirements
(a) Within 12 hours of a purchase, a used merchandise dealer shall input
and transmit the recorded information required under subsection [{-24](3)
using the automated electronic reporting system approved by the city.
(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)](3) for all
purchases made during any period reporting was suspended by the chief
of police using the approved automated electronic reporting system.
(7) Limitations on the sale of regulated property
City of Eugene • 125 E. 8th Ave. • Eugene, OR 97401 . 541 - 682 -8447 • 541- 682 -5414 Fax
www.eugene- or.gov
(00083082;1)
(a) Regulated property purchased by any used merchandise dealer shall not
be sold for a period of 14 full days after the date the report required in
subsection [(-3}](4) 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 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 [M](8). The 14 -day holding period
does not apply to a pledge held by a pawnbroker.
(8) 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}](7). 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)](7), or the records incident
thereto. Any inspection pursuant to this subsection shall only be authorized to
occur during normal business hours.
These corrections are authorized by Section 3 of Ordinance No. 20500, and a copy of this
memo should be attached to that Ordinance.
City of Eugene • 125 E. 8th Ave. . Eugene, OR 97401 • 541- 682 -8447 • 541 - 682 -5414 Fax
www.eugene- or.gov
(00083082;1)