Ordinance 27010006.080.014
WSS/jib
12/20/88
R-01/18/89 2701
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF CHAPTER 4.75 RELATING
TO PAWN BROKERS AND SECOND HAND DEALERS IN ORDER
TO DEFINE A NEW TERM, "ITEM OF INTEREST"; TO
AMEND THE ANNUAL LICENSE FEE; AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds has enacted provisions
relating to the licensing of pawn brokers and secondhand dealers,
and
WHEREAS, the City has had an opportunity to review the
provisions of the ordinance while in actual operation, and
WHEREAS, the City desires to create and define those
items of interest to the police department which are commonly
stolen and redeemed as stolen goods in order to relieve licensees
of record keeping requirements relating to other items which may
be covered by a literal reading of the current language of such
ordinance, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The provisions of Section 4.75.030
DEFINITIONS. are hereby amended to contain a new paragraph D to
read as follows:
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
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minimum include jewelry, precious metals,
gem stones, electronic equipment such as
stereos and stereo components, radios,
televisions, CB radios, radar equipment,
microwave ovens; guns, coins, photo-
graphic 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.
Section 2. Chapter 4.75 is hereby amended by the
addition of a new Section 4.75.035 REGULATORY RULE MAKING - BY
CliIEF OF POLICE to read as follows:
4.75.035 REGULATORY RULE MAKING - BY CHIEF
OF POLICE. Whenever the Chief of police
shall determine that an item of personal
property is or has become an item which is
commonly stolen, and fenced or otherwise
offered for sale as stolen property, he may
at his discretion add such item to the list
of "items of interest" established by this
chapter, specifically Section 4.75.030(D), or
by previous rule making. The Chief shall
make his determination in writing, and shall
notify each holder of a license under this
chapter, that a particular item of personal
property has become an "item of interest" in
accordance with the provisions of this
chapter. He shall cause such written
notification to be deposited postage paid in
the U.S. Mail to each holder of a license and
shall provide copies of such determination to
the City Clerk for distribution to future
licensees. The Chief's determination that an
item of personal property has become an "item
of interest" in accordance with the
provisions of this chapter shall become
effective thirty (30) days after such mailing
and on that date shall be incorporated into
Section 4.75.030(D) as fully as if herein set
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forth. The Chief's determination may be
appealed to the City Council by the filing of
an appeal notice with the City Clerk within
said thirty (30) day period. The City
Council shall hear said appeal at a public
hearing and its decision shall be final.
Said decision shall represent the legislative
determination of the Council and is not
applicable as a quasi judicial determination
by writ of certiorari.
Section 3. Section 4.75.040 LICENSE FEES, paragraphs A
and B, are hereby amended to read as follows:
4.75.040 LICENSE FEES.
A. The fee for a pawn brokers license shall
be the same as the annual fee for a
business license.
B. The fee for a secondhand dealers license
shall be the same as the annual fee for a
business license.
Section 4. Section 4.75.120 is hereby amended to read
as follows:
4.75.120 SELLER OR CONSIGNEE TO GIVE TRUE
NAME AND ADDRESS. Anyone who pledges, sells
❑r consigns any property to or with a pawn
broker or secondhand dealer shall sign the
records required to be kept by such pawn
broker or secondhand dealer with his true
name, shall include his correct address, and
shall provide for inspection by the licensee
of one of the following which shall contain a
photograph of the individual:
A. Drivers license, instruction permit or
identification card of any state ❑r a
province ❑f Canada, or "identicard"
issued by Washington State Department of
Licensing pursuant to RCW 46.20.117;
B. United State active duty military
identification; and/or
C. Passport.
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Section 5. Section 4.75.130 TRANSCRIPT TO BE
FURNISHED, paragraph A, thereof, is hereby amended to read as
follows:
4.75.130 TRANSCRIPT TO BE FURNISHED.
A. It is the duty of every pawn broker and
secondhand dealer to furnish to the
police department, on such forms as the
police department may provide, a full,
true and accurate transcript recording of
all transactions occurring on a given day
involving any item of interest as defined
by this chapter or department rule,
within forty-eight (48) hours of the
close of business.
Section 6. Section 4.75.140 RETENTION ❑F PROPERTY
is hereby amended to read as follows:
4.75.140 RETENTION OF PROPERTY. No property
which has been determined to be an item of
interest under the provisions of this chapter
or departmental rule and which has been
bought or received in pledge by any pawn
broker or secondhand dealer shall be removed
from such place of business within thirty
(30) days after notification to the police
department as provided in this chapter,
except when redeemed by the owner thereof.
Section 7. Section 4.75.190 PENALTY is hereby amended
to read as follows:
4.75.190 PENALTY.
secondhand dealer and
employee of such pawn
dealer, who shall:
Every pawn broker or
every clerk, agent or
broker or secondhand
A. Make any false entry in any book or
record required to be kept under the
provisions of this chapter; or
B. Falsify, obliterate, destroy or remove
from the licensed place of business such
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book or record;
C. Report any matter relating to the
requirements of this chapter falsely to
the police department; or
D. Violate any provision of this chapter by
any act of either omission or commission;
Shall be guilty of a misdemeanor and upon
conviction shall be punished by imprisonment
of not more than six (6) months or by a fine
of not more than $500.00 or by both.
Section 8. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after this ordinance or a summary thereof consisting of
the title is published.
APPROVED:
ATTEST/AUTHENTICATED:
�/CIT CLERK, J CQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF TH CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: January 18, 1989
PASSED BY THE CITY COUNCIL: January 24, 1989
PUBLISHED: January 30, 1989
EFFECTIVE DATE: February 4, 1989
ORDINANCE NO. 2701
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
ram,:�«+a. ••� r+rngron
Wr TAC 24th doy of January,
1909 the City Council of the Clty
of Edmonds, Passed Ordfr$once
gry of
c nfenfO.t oY soldmordinonre
consisting of the ifflef Pravidos
os follows.
AN ORDINANCE OF THE CITY
mrs 74th day of
089,
��INE G. PARRETT
January 90. 1989.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
.... Qr..dinanc.e... No......2.7. Q
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:
Jan�?a.=..y.
... 0.�....1.9$9....:
and that said newspaper was regularly-c�Istributed to its subscribers
during all of said period,
�
.. F-.f..l...l................ .......................
Principal Clerk
Subscribed and sworn to before me this!90................
dayOf ......... ..Ja-nt4&r-y........::::.....:................ .19......_- 89.
Notary Pitbh in and for the State of Washington,
residing' at Everett, Snohomish County.
5-2-1