Ordinance 28500006.080.014
KCH/klt
09/02/91
R:09/10/91
ORDINANCE NO. 2850
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 4.75 OF THE EDMONDS MUNICIPAL
CODE TO ADD ADDITIONAL LICENSING REQUIREMENTS
AND TRANSACTION REQUIREMENTS FOR PAWNBROKERS AND
SECONDHAND DEALERS, ESTABLISHING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent state legislation has amended Chapter
19.60 RCW, and
WHEREAS, the City wishes to remain in conformance with
the state requirements, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds City Code section 4.75.030 is
hereby amended to read as follows:
4.75.030 DEFINITIONS
A. The term "pawnbroker" as used in this
chapter, means and includes every person
who takes or receives by way of pledge,
pawn or exchange, goods, wares, or
merchandise of any kind of personal
property whatever, for the repayment of
security of any money loaned thereon, or
to loan money on deposit of personal
property, or who makes public display of
any sign indicating that he has money to
loan on personal property on deposit or
pledge.
B. The term "secondhand dealer" as used in
this chapter, means and includes every
person who as a business engages in the
purchase, sale, barter, auction, sale on
consignment, or otherwise exchanges
secondhand goods, or who keeps a store,
shop, room or other place where
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secondhand goods of any kind or
description are bought, sold, traded or
bartered, pledged, auctioned, sold on
consignment, or otherwise exchanged;
provided, however, that this term shall
not apply to those persons engaged in the
business of selling used or secondhand
motor vehicles, boats and other
recreational vehicles. Secondhand dealer
also includes persons or entities
conducting business at flea markets or
swap meets, more than three times per
year.
C. The term "secondhand goods" when used in
this chapter means and includes any and
all used, remanufactured, or secondhand
goods purchased or kept for sale by a
dealer in secondhand goods including
metal, junk or melted metals; provided,
however, such term shall not be construed
to include used or secondhand motor
vehicles, boats and other recreational
vehicles.
D. The term "item of interest" shall mean
and include items of property which are
commonly stolen and fenced or offered for
sale as stolen goods, and which are
therefore of interest to the Edmonds
Police Department. Such items shall at a
minimum include jewelry, precious metals,
gem stones, electronic equipment such as
stereos and stereo components, radios,
televisions, CB radios, radar equipment
and microwave ovens; guns, coins,
photographic equipment, tools,
silverware, scrap metal, musical
instruments, bicycles, sporting goods
such as fishing tackle, camping gear,
scuba gear and other such sporting
equipment; marine equipment such as
boats, outboard motors, depth sounders
and such other items of personal property
as are either deemed suspicious or
unusual by the licensee or which has been
identified as items of interest in
accordance with the provisions of section
4.75.035.
E. The term "melted metals" means metals
derived from metal junk or precious
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metals that have been changed to a melted
state from other than ore or ingots which
are produced from ore which has
previously been processed.
F. The term "metal junk" means any metal
that has previously been milled, shaped,
stamped or that is no longer useful in
its original form, except precious metal.
G. The term "nonmetal junk" means any
nonmetal commonly discarded item that is
worn out, or outlived its usefulness as
intended in its original form except
nonmetal junk does not mean an item made
in a former period which has enhanced
value because of its age.
H. The term "precious metals" means gold,
silver, and platinum.
Section 2. Section 4.75.100 of the Edmonds City Code
is amended to read as follows:
4.75.100 RECORDS REQUIRED
Every pawnbroker and secondhand dealer shall
maintain at his place of business a record in
which he shall at the time of such loan,
purchase or sale, enter, in the English
language, written in ink, the following
information:
A. The date of the transaction.
B. The printed name, signature, date of
birth, street and house number, telephone
number, the general description of the
size, complexion, color of hair of the
person with whom the transaction is made,
including the identification which the
customer shall present to verify his or
her identity, pursuant to 4.75.100 and
the serial or other number of such
identification.
C. The name, street and house number, and
telephone number of the owner of the
property bought or received in pledge.
D. The street and house number and telephone
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number of the place from which the
property bought or received in pledge was
last removed.
E. A complete description of the property
bought or received in pledge, which shall
include the name of the maker of such
property or the manufacturer thereof and
the serial number, model number or name,
any initials, or engravings, if the
article has such marks on it, or any
other inscriptive or identifying marks,
which, in the case of watches, shall
contain the name of the maker and the
number of both the works and the case.
The description shall also include size,
patterns and color of stone or stones,
and in the case of firearms, the caliber,
barrel length, type of action, and
whether it is a pistol, rifle or
shotgun. Provided, that when the article
received is furniture or the contents of
any house or room actually inspected on
the premises where the sale is made, a
general description of the property shall
be sufficient.
F. The price paid or the amount loaned.
G. The number of any pawn tickets issued
therefor.
H. The names, streets and house numbers, and
telephone numbers of all persons
witnessing the transaction.
I. The nature of the transaction, a number
identifying the transaction, the store
identification or the name and address of
the business and the name of the person
or employee, or the identification number
of the person or employee conducting the
transaction and making the entries
required herein, and the location of the
property.
Section 3. Section 4.75.110 of the Edmonds City Code
is hereby amended to read as follows:
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4.75.110 RECORDS AND ARTICLES TO BE
AVAILABLE FOR INSPECTION
All books and other records of any pawnbroker
or secondhand dealer relating to purchase,
pledge, exchange, receipt of any goods,
wares, merchandise, or other articles or
things of value, shall at all times be open
for inspection by the City Attorney or any
peace officer; and all articles and things
received, purchased or left in pledge with
the pawnbroker or secondhand dealer shall at
all times be open to like inspection. All
books and other records shall be maintained
wherever that business is conducted for three
years following the date of transaction.
Section 4. Section 4.75.120 of the Edmonds City Code
is hereby amended to read as follows:
4.75.120 SELLER OR CONSIGNEE TO GIVE TRUE
NAME AND ADDRESS
Anyone who pledges, sells or consigns any
property to or with a pawnbroker or
secondhand dealer shall sign the records
required to be kept by such pawnbroker or
secondhand dealer with his or her true name,
shall include his or her correct address and
telephone number and shall provide for
inspection by the licensee of one of the
following which shall contain a photograph of
the individual:
A. Driver's license, instruction permit or
identification card of any state or a
province of Canada, or "identicard"
issued by the Washington State Department
of Licensing pursuant to RCW 46.20.117;
B. United States active duty military
identification; and/or
C. Passport.
Section 5. Section 4.75.170 of the Edmonds City Code
is hereby amended to read as follows:
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4 . 7 5 . 17 0 POI,.T, CF HOLDS
A. A police officer may place a "hold" upon
property in the possession of a
pawnbroker and/or pawnshop which is
reported to be stolen by notifying the
pawnbroker and/or pawnshop and making an
entry upon the permanent record required
by Section 4.75.080, indicating that such
item is stolen property. The licensee
shall then:
1. Tag or otherwise reasonably identify
the item;
2. Hold it in a place on the business
premises of the dealer to which
police officers shall have access at
any time during the dealer's regular
business hours; and
3. Keep the item safe from alteration,
loss, damage, or commingling with
other goods.
B. In cases where the police have placed
verbal hold on an item, the police must
then give written notice within ten (10)
business days. If such written notice is
not received within that period of time,
then the hold order will cease.
C. In any event, the hold will expire at the
end of 120 days, unless renewed in
writing by a law enforcement officer.
The renewal period shall be of the same
duration. Property held shall not be
released for one hundred twenty days from
the date of police notification unless
released by written consent of the Police
Chief or his or her designee or by an
order of a court of competent juris-
diction. The pawnbroker shall give
twenty (20) days written notice before
the expiration of the one hundred twenty -
day holding period to the Police Chief or
his or her designee about the stolen
property. If notice is not given within
the required twenty (20) day period, then
the hold on the property shall continue
for an additional one hundred twenty
days. The Police Chief or his designee
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may renew the holding period for
additional one hundred twenty -day periods
as necessary.
D. After receipt of notification from a
pawnbroker or secondhand dealer, if an
additional holding period is required,
the police shall give the pawnbroker or
second hand dealer written notice, prior
to the expiration of the existing hold
order. The police shall not place on
hold any item of personal property unless
that agency reasonably suspects that the
item of personal property is a lost or
stolen item. Any hold that is placed on
an item will be removed as soon as
practicable after the item on hold is
determined not to be stolen or lost.
Section 5. Section 4.75.190 of the Edmonds City Code
is hereby amended to read as follows:
4.75.190 PENALTY
It is a gross misdemeanor for:
A. Any person to remove, alter, or
obliterate any manufacturer's make,
model, or serial number, personal
identification number, or identifying
marks engraved or etched upon an item of
personal property that was purchased,
consigned, or received in pledge. In
addition, an item shall not be accepted
for pledge or a secondhand purchase where
the manufacturer's make, model, or serial
number, personal identification number,
or identifying marks engraved or etched
upon an item of personal property has
been removed, altered, or obliterated;
B. Any person to knowingly make, cause or
allow to be made any false entry or
misstatement of any material matter in
any book, record, or writing required to
be kept under this chapter;
C. Any pawnbroker or secondhand dealer to
receive any property from any person
under the age of eighteen years, any
person under the influence of
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intoxicating liquor or drugs, or any
person known to the pawnbroker or
secondhand dealer as having been
convicted of burglary, robbery, theft or
possession of or receiving stolen
property within the past ten years
whether the person is acting in his or
her own behalf or as the agent of
another; or
D. Violate any provision of this chapter by
any act of either omission or commission.
Section 7. If any section, sentence, clause or
phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 8. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
MAYOR, NAUGHTEN
ATTEST/AUTHENTICATED:
/CIT4 CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFIC T ITY ATTORNEY:
BY
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FILED WITH THE CITY CLERK: September 10, 1991
PASSED BY THE CITY COUNCIL: September 16, 1991
PUBLISHED: September 20, 1991
EFFECTIVE DATE: September 25, 1991
ORDINANCE NO. 2850
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SUMMARY OF ORDINANCE NO.
2850
of the City of Edmonds, Washington
On the 16th day of September , 1991, the City Council
of the City of Edmonds, passed Ordinance No. 2850 A
summary of the content of said ordinance, consisting of .the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER
4.75 OF THE EDMONDS MUNICIPAL CODE TO ADD ADDITIONAL LICENSING
REQUIREMENTS AND TRANSACTION REQUIREMENTS FOR PAWNBROKERS AND
SECONDHAND DEALERS, ESTABLISHING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
request.
The full text of this Ordinance will be mailed upon
DATED this 16th day of
September
, 1991.
C TY CLERK, JACQUELINE G. PARRETT
Affidavit of Publication
STATE OF WASHINGTON,
tu>.
COUNTY OF SNOHOMISH,
SUMMARY OF - — The undersigned, being first duly sworn on oath deposes and says
ORDINANCE ''he City of 2850 that she is Principal Clerk of THE HERALD, a daily newspaper
Edrnorlds. Washini ft
On the 18111 day of September, printed and published in the City of Everett, Count of Snohomish,
1991, the CAA Council of the city Y Y
of Edmonds, approved
Ordinance No. 2850. A summary and State of Washington; that said newspaper is a newspaper of
of flrc conlent or sold ordinance,
coftlSfing of the title, provides
as follows; general circulation in said County and State; that said newspaper
AN ORDINANCE OF. TKF CITY
OF EDMONDS, WASHINGTON has been approved g newspaper y p
AMFNDING CHAPTER A,75 O� pp ved as a legal news a er b order of the Superior
THE EDMONDS MUNICIPAL
CODE. TO ADD ADDITIONAL Court of Snohomish County and that the notice ........................................
LICENSING REOUIR£MENTS
EsrAausHiHc'n 5E------ „_Summary of Ordinance No. 2850
Iry CLAUSE AND .PRDVIDt IS .. ............................_.._..............
POR AN, EFFEC T IVE DATE
The (fill text Of Ih15 OrdIna%e
will tm mulled upon reauest.
DATED Phis Pell+ da9 pf
SePlerrfhar. 199.1..........:...............................................a ................. - ...:.... ............
JACOUFLINE G. PARRETT
CIly Clerk
IruBlished• StpfelTtber 20, 1991
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
•.. Sep.tember_.20_x_._199
and that said newspaper was regularly distributed to its subscribers
during all of said period.
. _ _
Principal Clerk
Subscribed and sworn to before me this..... 2 l s t
Septa er 91
day of_... ........ �.......... 19.........
. ::..�
No y Public in nd for the State of Washington,
re g at Ever tt, Snohomish County.
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