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Home My Public Portal About077-1990-ORDINANCE AMENDING CHAP 116 CONCERNING PAWNBROKERS ANDORDINANCE NO. 77-1990 AN ORDINANCE AMENDING CHAPTER 116 OF THE CITY CODE CONCERNING PAWNBROKERS AND SECOND HAND DEALERS. BE IT ORDAINED by the Common Council of the City of Richmond: Section 1: That Section 116.1 of the Richmond City Code be amended as follows: "Second-hand Dealers" Any person, firm, or corporation that purchases, receives, or exchanges second-hand articles of any kind for the purpose of selling, exchanging, re -manufacturing or re -fabrication of the article. Section 2: That Section 116.02 "Records" of the Richmond City Code be amended as follows: (A) Every pawn broker and second hand dealer shall keep a record book in which shall be legibly written in ink in the English language at the time of receiving any goods the following: 1) the name, address, social security number, date of birth, and a description of the persons color, height, weight, complexion, hair style, and any visible distinguishing marks. 2) a complete and accurate description of the article purchased, received or exchanged, including the name of the maker or manufacturer, initials, serial numbers, model numbers, or other identifying features, and the price the dealer paid for each article. The dealer shall require the seller of any article to sign his name on the page on which that person's transaction is recorded. The book or record shall be open to inspection by any police officer during normal business hours. (B) Each page of the book or record shall consist of one or more sequentially and consequently numbered forms which shall contain appropriate blanks for furnishing all of the aforementioned information required. The pages containing these forms shall be permanently bound into the book. (C) In addition to the record book required by this Section, all pawnbrokers and second hand dealers shall fill out forms submitted by the Richmond Police Department, which shall be in substantially the following form: RICHMOND POLICE DEPARTMENT SECOND HAND DEALER REPORT Date: Time: Dealer: NAME: ADDRESS: CITY: STATE: SSN: Photo Taken: Yes No DOB: DRIVER'S LICENSE OR I.D. NUMBER Color: Ht: Wt Complexion: Hair Style: Other Info: Item Make or Mfg. Model/Serial # I.D. Marks $$ 1. 2. 3. The customer shall write in his own handwriting his name and address on the back of the card and place his right thumb print in the space provided. The back sida of the card shall ha in the following form: SIGNATURE: ADDRESS: Right Thumb Print (D) Before purchasing, receiving, or exchanging any articles, the pawnbroker or second hand dealer shall examine the seller's driver's license, Indiana Identification Card, or other valid photo identification typically used for identification purposes. Section 3: That Section 116.05 of the Richmond City Code be amended as follows: No personal property received on deposit, purchase, or pledge to any pawnbroker or second hand dealer shall be sold or permitted to be redeemed or removed from the place of business for five (5) days after the statement required to be delivered to the police has been delivered to the police. If the pawnbroker or dealer is notified of an adverse claim to the property, the property shall be held for a period of twenty (20) days, during which legal proceedings may be commenced to determine who is entitled to the property. Section 4: That Section 116.06 be amended as follows: No person shall take, or receive in pawn or pledge, or by purchase from money loaned, any property, article, or thing from any person under the age of eighteen (18) years or which may be in the possession or under the control of any person under the age if eighteen (18) years. Section 5: That a new Section 116.07 be added to the Richmond City Code as follows: Section 116.07 Penalty Any person found guilty of violating this section shall be fined Fifty ($50) Dollars for the first offense and One Hundred ($100) Dollars for each subsequent offense. Violations of this section may be enjoined pursuant to IC 36- 1-6-4. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this L9� day of 22e.� 1990. Pr i ent of mod Council ATTEST: City Cldfk PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of r 1990. 2 )( City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this-1L day of 1990. Mayor ATTEST: City CIA °F „ICyM yo INTEROFFICE MEMO- \ CITY OF RICHMOND _50 NORTH .FIFTH ST. •. RICHMOND, INDIANA. 47314 DATE September 28, 1990 TO: Mary Merchanthouse, City Clerk FROM: Bruce Metzger, City Attorney SUBJECT' Pawnbroker Ordinance COPY TO. Harold Raver, Mayor, FILE Jane Brookbank The attached ordinance proposes amendments to our Pawnbroker Ordinance. The Police Department requested amendments to the ordinance because much stolen property is being purchased by retail enterprises in the City for resale as second- hand goods. This ordinance requires a second-hand dealer to obtain detailed information from the seller when purchasing second-hand articles. Our current ordinance requires second-hand dealers to obtain information and report it to the Police Department, but the information required under the current ordinance is not detailed, and the waiting period between purchase and resale is not long enough for the Police Department to trace a stolen good. Additionally, the Police Department has had difficulty in getting various dealers to comply with the current ordinance because there is no penalty in our current ordinance. The proposed amendments are based upon second-hand dealer ordinances of the cities of Indianapolis and Dayton. The Police Department is requesting that this ordinance be placed on the agenda and be adopted by Council. 3bs +Ig 11 121-1egd„Ie:gO$ PUBLICATION OF NOTICE [ Public notice is hereby made by the City Clerk of the City of Richmond, Indiana, of the adoption and passage of ORDINANCE NO.77-1990- AN ORDINANCE AMENDING CHAPTER 116 OF THE CITY CODE CONCERNING PAWNBROKERS AND SECOND HAND DEALERS. C BE IT ORDAINED by the Common Council of the City of Richmond:C Section 1: That Section 116.1 of the Richmond City Code be amended as follows:C "Second-hand Dealers" Any person, firm, or corporation that purchases, receives, of exchanges second-hand articles of any kind for the purpose of selling, exchanging, re - manufacturing or re -fabrication of the article. C Section 2: That Section 116.02 "Records" of the Richmond City Code be amended as follows: (A) Every pawn broker and second hand dealer shall keep a record book in which shall be legibly written in ink in the English language at the time of receiving any goods the following: 1) the name, address, social security number, date of birth, and a description of the persons color, height, weight, complexion, hair style, and any visible distinguishing marks. 2) a complete and accurate description of the article purchased, received or exchanged, including the name of the maker or manufacturer, initials, serial numbers, model numbers, or other identifying features, and the price the dealer paid for each article. The dealer shall require the seller of any article to sign his name on the page on which that person's transaction is recorded. The book or record shall be open to inspection by any police officer during normal business hours.L (B) Each page of the book or record shall consist of one or more sequentially and consequently numbered forms which shall contain appropriate blanks for furnishing all of the aforementioned information required. The pages containing these forms shall be permanently bound into the book. C (C) In addition to the record book required by this Section, all pawnbrokers and second hand dealers shall fill out forms submitted by the Richmond Police Department, which shall be in substantially the following form: 1^ RICHMOND POLICE DEPARTMENT SECOND HAND DEALER REPORT C Date: Time: -Dealer.- NAME - ADDRESS: CITY: STATE: G SSN: Photo Taken: Yes. -No C DRIVER'S LICENSE OR I.D. NUMBER C Color: Ht: Wt: Complexion: Hair Style: Other Info: L. Item Make or Mfg. Model/Serial # I.D. Marks $$ C 1. C' 2. L 3. L The customer shall write in his own handwriting his name and address on the back of the card and place his right thumb print in the space provided. The back side of the card shall be in the following form: C SIGNATURE: ADDRESS: Right Thumb Print C C (D) Before purchasing, receiving, or exchanging any articles, the pawnbroker or second hand dealer shall examine the seller's driver's license, Indiana Identification Card, or other valid photo identification typically used for identification purposes. C Section 3: That Section 116.05 of the Richmond City Code be amended as follows: No personal property received on deposit, purchase, or pledge to any pawnbroker or second hand dealer shall be sold or permitted to be redeemed or removed from the place of business for five (5) days after the statement required to be delivered to the police has been delivered to the police. If the pawnbroker or dealer is notified of an adverse claim to the property, the property shall be held for a period of twenty (20) days, during which legal proceedings may be commenced to determine who is entitled to the property. C Section 4: That Section 116.06 be amended as follows: ' No person shall take, or receive in pawn or pledge, or by purchase from money loaned, any property, article, or thing from any person under the age of eighteen (18) years or which may be in the possession or under the control of any person under the age if eighteen (18) years. C Section 5: That a new Section 116.07 be added to the Richmond City Code as follows: L Section 116.07 Penalty t; Any person found guilty of violating this section shall be fined Fifty ($50) Dollars for the first offense and One Hundred ($100) Dollars for each subsequent offense. Violations of this section may be enjoined pursuant to IC 36-1-6-4. C This Ordinance will be in full force and effect December 1, 1990. C A copy of this Ordinance is on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana. [ Mary Merchanthouse[ City Clerkj Publish Date: November 26, 1990[== T +Ig1018-IegO„IegO$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO.77-1990 AND [ ORDINANCE NO. 78-1990[ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday, November 5, 1990 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE NO.77-1990-AN ORDINANCE AMENDING CHAPTER 116 OF THE CITY CODE CONCERNING PAWNBROKERS AND SECONDHAND DEALERS.[ and;[ ORDINANCE NO.78-1990-AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA MAKING TECHNICAL AMENDMENTS TO CHAPTER 76: TRAFFIC SCHEDULES OF THE RICHMOND CITY CODE.[ All parties interested in or affected by these Ordinances are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Mary Merchanthouse[ City Clerk[ Publish Date: October 26, 1990[== / IV DISPOSITION OF ORDINANCE NO. IZ -199 D RESOLUTION NO. -199 by Common Council Drdinance No.77 Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date 10-6-qv Susp. rules Ist read Title only e� ----------------------- Seconded ........ ---------- -------- ------ ------ ------ ------ ---------- Proof of Publicaton ------ --------------- Seconded .... ............ v Move to 2nd read Seconded Engrossment ------------------------- ------ -- -------- -------- ------ ------ ------ ------ ---------- Seconded rr Susp rules 3rd read ------------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Passage ✓ — c� — ----- ---O R ------ ---------- --•------ ------ ...... ------ - ------ Rejection Date Passed / / - / 9 - `, O COMMITTEE ASSIGNMENTS: Committee Date Commttee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: 30000334 Inv. 112690-6 Form Prescribed by State Board of Accounts Genera[ Form No. 99 p (Rev. 1987) .....,,,, .. �...Of...R1Chmona—city clerk To Palladium Publishing Corporation,.,,..,... Dr. (Governmental Unit) 1175 North A Street ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Wayne......,,,,,,,,, County, Indiana ,,,,,,,,,,,,,,Richmond, Indiana 47374 ............................................. PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines ....................... Head — number of lines ........................ Body — number of lines ........162 Tail — number of lines ............ 4-........ Total number of lines in notice ........1.7.0......... COMPUTATION OF CHARGES 8 5 tc�+o 1711 .............PA. lines, ................... columns wide equals ................... equivalent lines at ..... .'.21'I ....... cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication ($1.50 for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions .1.... Size of quad upon which type is cast ..... Pursuant to the provisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is gally d e, afte allo ng al 'ust cr its, d at no p r of the same has been paid. / ......... ........... .. .. .................. Date:.... NQyePtbeY..2�............... . 19 Ti ....................... ashier........ PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss Personally appeared before me, a notary public in and for said county and state, RebekahRobbins s Cashier the undersigned ...................._.......... who, being duly sworn, says that he is ................ of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in tfie (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for.... . �... time....., the dates of publication being as follows: ........................................... November 26, 1990 ............................................................................................................................ ............................................................................................................................ Subscribenandor o before methis ....Z9tday ofNOVembOr 19 9,O .................. _.............. ................... Virgin C. Coleman Notary Public My commission expires . i4m;PYjr„_24, 1991 Inv. 102690-2 30000334 FOTM Prescribed by State &,ard of Accounts General Form No. 99 p(Rev. 1957) ...........ity-..qf.,Richmond—City••Clerk To ........ ........... PAlladium Publishing Corporation,- Dr. (Governmental Unit) .............. 1175 North A Street ............................... Wayne—..-...-...... County, Indiana ..............................Richmond, Indiana 47374..................... PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) ...... number of equivalent lines ................. Head — number of lines -. --- - 3..11....... Body — number of lines ........ 2.7,•••••••••• Tail — number of lines 2.......... Total number of lines in notice ••••,•. •,3•2•••••••,•• COMPUTATION OF CHARGES .....a2.......... lines, ...OXle ......... columns wide equals ... N............ equivalent lines at .. .,.!.UJ...... cents per Iine Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication ($1.50 for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 8 ems Number of insertions •.1.... Size of type 6 point Size of quad upon which type is cast $..... 6-7.5-........- Pursuant to the procisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount i legally du , after al wing all 'Gs?cred ant at no pirt of the same has been paid. .......... November 6 % Cashier Date: ............................................. 199.0... Title ....................................... ........................... PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss E OF PUBLIC HEARING IDINANCE NO 77-1990 RDINANCE NO, 78-1990 Personally appeared d before me, a notary PP ry public in and for said county and state, Is herebyliven that the Council of the Cliq of d, Wayna coamy, Indl. the undersigned .RebekahRobhin Cashier .........................+ho, being duly sworn, says that'cile Is ...... hold o public hearingg on 5• 19 le 1h. er ..: the Richmond Municipal 50 North Sth of the Palladium -Item a daily newspaper of general circulation printed .and published in the located at _ ,n the 1o11owing: IANCE NO. 77-1990-AN ,NCE AMENDING CHAP- OF THE CITY CODE CON- ci[ En lish language in the g( y) of Richmond, Indiana in state and county aforesaid, and that the G PAWNeROKERS AND ) HAND DEALERS, VANCE NO. 78-1990-AN printed matter attached hereto is a true copy, which was duly published in said paper 1NCE OF THE COMMON IL OF THE CITV OF RICH- NDIANA MAKING TECH- A i Eor., 1 .....fJ7112....., the dates of publication being as follows: ...................................... R FF CESCHEDLIES OF :HMON0 CITY CODE, ante, lnterastaa in ar al. October 26 1990 bthese ordinances are ltered the l to ak __.....-..._.................................I............................. .............................................. in fmor of or in op, npto said Ordinance. ity Merchant Ouse Clerk _... __......-............................................... _.-..............................-....._.-............... ' 2 .I086 Subscri, and sworn to before mejhis ..6th ._ ........ day of ..November 90 ................ 19 ............... Virginia C. Coleman Notary Public My commission expires ....,TAOuary,- 2.4 19 91