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Ordinance No. 09-07 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09— 0e7 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, TMC 7.70, TO UPDATE AND CLARIFY PROCEDURES AND DEFINITIONS WHEREAS,TMC 7.70 established a City of Tigard secondhand dealers and transient merchants code;and WHEREAS,the code has not been significantly revised or changed since 1983;and WHEREAS, the proposed changes in the Secondhand Dealers and Transient Merchants code are needed to update and clarify procedures,definitions and reporting requirements;and WHEREAS, the proposed amendment would grant the Chief of Police the authority to update the proposed administrative policies and procedures annually. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 7.70 of the Tigard Municipal Code is amended as shown in Attachment A. (Strike- through text is deleted;underlined text is added) SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: BylG��'�m `1u5 vote of all Council members present after being read by number and title only,this (��" day of_ ,2009. Gil &the e NVheatley,City Recorder �A- �1 APPROVED: By Tigard City Council this day of 17a209. Craig D ksen,Mayor App owed as to form: V, ti C 7JAttorney Date ORDINANCE No. 09- Page 1 Otdinazce: Attachment A TIGARD MUNICIPAL, CODE Chapter 7.70 SECONDHAND DEALERS aoti,�,itios that the Council finds present an AND TRANSIENT extraordinary fsk ef-Wng-w,,ed-ei-awe z MERCHANTS. eanoealing ofinainal ,,or,.,, ieF involving the the of propoAy-:regulate certain business activities that Sections: present an extraordinary risk of beim used by criminals to dis ose of stolen goperty. Th}s-rill 7.70.010 Purpose. i pre Despite the best efforts of 7.70.020 Definitions. legitimate mss-secondhand dealer businesses 7.70.030 Special License Required. this risk is present because of the large volume of 7.70.035 Minimum Standards. oods and inate..;^'s '.at ed in suoh Lieense To Be Conspieno •Ay businesses. these businesses process large Pasted. volumes of goods and materials that are 7.70,040 Special License. fre uentl the sub'ect of theft. �� ere;tlas 7.70.8 &045 Surety Bond Required. chapter-This Chapter is intended to reduce this 7.70.050 Issuance and Renewal of type of criminal activity by providing mere-timely Special Permit. police awareness of such busiiiess pIp erty 7 ryn n__r_�.v6n____.-eeo'-a�- v;z�Fs� transactions and__by EggMatin the conduct of 7.70.060 Special License Fee. persons engaged in this business activity. T-be 7.70.070 Property Sales. Couneil finds—tliat the—i:@gulatiens—tea 7.70 080r-ti aen To u.,T-ag g„d; hefei-nThese regulations are necessary and the 7.70.080 Reporting of Secondhand need for the regulations outweighs any Dealer Transactions. antieenipetitiw-the regulatory effect that may 7.'-T0:870 T-risPeetien Of Art-eles I— result from their adoption. , 1983). Reeer-ds. 7.70.090 Regulated Property Sale 7.70.020 Definitions. Limitations. 7.70.100 Advertising To Diselose Lieens As used in this Cha ter unless the context' And Bond. requires otherwise: 7.70.100 Tagging Regulated Property for Identification. " raeans any item of prop", that is posses:-or—;wed—because—its 7.70.110 Inspection of Prop, ty and , and asseeiation with Records. an @ar-;o,. „ ed „ff time, and W-hiGh ; ,.,.has � 7.70.120 Prohibited Acts. 40M --per-sons in an one day for more than 7.70.130 Civil Penalties. fifty dollars by an ante. As-he 7.70.140 Revocation or Suspension of Permit. �ponents: 7.70.150 Appeals. 7.70.155 Administrative Policies and 1. "Acceptable identification"means either Procedures. a current driver's license a State of Oregon Identification Card issued by the Department of 7.70.010 Purpose. Motor Vehicles or two current United States state- or localgovernment-issued identification The purpose of adopting this eChapter is to cards, one of which has a photograph of the seller. 7-70-1 TIGARD MUNICIPAL CODE "Antique aeuic nzccixi"r anyjq-erCrE3n a-businesspy-i fi yy of inoidem4ally fer the ;"ieh is fequiFed to be issued a business tax purpose of r 1, a.Ht4qHeSingroMerser not,representing_a business_x-hieb is T-c�'betie Ti. fd Municipal Code, v,r1 .,,l,o appeafs with issued a bhusi�.Iesst. receipt nr..,eial ,art;lie t,� 1, rt' 10 at t1. dealer's zrvaxz s=n'ccrizrcicrxz-i-rc�crx��nv under- d Municipal C4de-, and w-he appeafs its, eb .,rtioles .,t the dealef's 5. "Criminal arrests or a conviction" refers place ofbusiness. to any offense defined by the statutes of the State of Oregon or ordinances of the Cit of-.Tigard, 2. "Acquire" means to take or transfer an unless otherwise specified. Any arrest or interest in personal property in a voluntary conviction for conduct other than that denoted b transaction including but not limited to: sales• the statutes of the State of Oregon or ordinances consignments; memoranda between a Dealer and of the City of Tigard, as s ecified herein will be a rivate pArty seller, leases trade-ins loans--...and considered to be equivalent to one of such abandonments. Any acquisition of regulate offenses if the elements of such offense for which property by a Dealer will be resumed to be an the person was arrested or convicted would have acquisition on behalf of the Secondhand Dealer constituted one of the above offenses under the business. Notwithstanding the foregoing, applicable Oregon. statutes or Ci!y of Tigard "acquire"does not include: ordinance provisions. a. Any loans made in cpm liance with C. '= o-wes Fne " m@ans any state laws by persons licensed as metalor- g@fflthat is valued foo its „h.,raetef, pawnbrokers by the State of Oregm rafty, bmuty-er-quality, includinggold, silver, or , diamonds, rubies, einevalds, sapphi b. Memoranda between a Secondhand Dealer and a person engaged in the jewelfy5 Wit excluding the following items Whmr business of sellin re ulatedrib„ a business wMeh is r-equiFed to be property, tinder- Chapter 5.04 of the T-igafd N4mieipal 9naa 3. `Business Location"means any physical . location where the Dealer conducts business. a. gold When bafs --e OF -34. "Chief of Police" means the Chief of b }; li e, of t e City-of Tigard� G€egen, OF the designee-e f the_ChiefChief of the Tigard Police ger '-„'mss-.995-fine-e Department or his or her designee. better} 4. "Pefso”" Fheans—any—real=pci-svzr 6. All coins,.:hotheiz actual Ffeneyni- partxza., , acommeraorative, 5. 'Tmoieus metal and gem dealer" mGan-s As used th the to,-..-, "fe ii�cxaxs-s��t�6rr-cazz--ct��x�x--xvx any pEi56n-E , oondueting, rr mea-ns that the busiffess rily of inei4e+Aa44y ppn"i-vnas@s sc=an-it ms ran-r•@takis th en ,-iik4he 7-70-2 TIOARD MUNICIPAL CODE c^mG roan as they FGhasc for- Tsai=te� Pawnbrokers unless specifically per-sons whe likewise purehase sueb items and stated otherwise. r-@tain them in the same fofm-. c. "Dealer"does not include: 6. "Dealer"or"Secondhand Dealer" 1 A business whose ac uisitions of a. Means any: regulated property consist exclusively of donated items (1) Sole Proprietorship, partnership, and/or purchases from 501()3 limited partnership, family organizations;or limited partnership, joint venture association (2) A person whose only business cooperative trust estate transactions with regulated corporation, personal holding property in the City of Tigard coMng.nM limited liabilit consist of the sale of ersonal company, limited liability property acquired for household partnership or an other form of or other ersonal use• or organization for doing business and that: (3) A person whose only business transactions with regulated (2) Either: property in the City of Tigard consist of a dis la s ace booth Acquires regulated property at or or table maintained for from business locations within displaying or selling the City of Tigard, or on behalf merchandise at any_trade show, of such a business regardless of convention, festival, fair, circus, where the acquisition occurs,or market flea market swap meet or similar event for less than 14 Offers for sale re ulated da sin an calendar ear. property. 7 "mow" me=ans to transfer- pFeperty (3) Pawn broker licensed under the for valuable oensideration to any dealer-regulated Oregon. Pawn Broker's Act by this ehapte, fany per-sonet eFAi g ORS 726.020, 726.990. a business i- —quired to be issued b. Dealers that acquire or offer for sale Chapter 5.04 E)f the Tigard l rrisip l -Cede: not more than 50 items of regulated roe in an one- ear Teriod wi11 property C r r-esa e be categorized as an "Occasional Secondhand Dealer." The term 7. "Held Property" means any regulated "Dealer" in this Chapter and all propgTty that cannot be sold dismantled or regulations herein refer to otherwise disposed of for a prescribed period of Secondhand Dealers,.........Occasional time as more specifically enumerated in Section Secondhand Dealers and 7.70.090. 7-70-3 TIGARD MUNICIPAL CODE is. v-izg=aseu r.-'--'t-rffiG6"'-----equipment irk wom out, or- .rise I.Fded ,,f,-roux metals: brass- typewriters, ealoulate , fooeTdo > 63�o-r-,- lead, _aluminum, Eisair,ui , transcribers and r put s:, 4",g4le,-, and n4okal it does not m"zsequipnient�, 8. "Investment nurnoses" means the R—��;,�,ir an—hives; purchase of personal property by businesses and the retention of that ro ert in the same form as jewelty; purchased, for resale to persons who are purchasing the property primarflKas an , investment. k. Silv erwa ; 9c �'_de „ engaged in, oonduetiiig, managing er- eaRying on t A4 endit o ra ptuposepiffelias;ngseFap metal from any m.Electronio testing, persenROtfequifod to be issued a—represen ' 1.,, 4n rra,ny ipt- speei�-ee���te undeFGhapter 5.04 o++f�� tl e a. en d and—vy Ikie-tame T'gafd MuniGipal Code, and who appe —T e. Mier-owave evens; 9. "Medication" means any substance or preparation,prescription or over-the-counter,used P. Telopl es; in treating or caring for ailments and/or conditions in humans or animals. g. Bicycles and_biey 10:....?=S000ndhand d ler" means any per-se-n- Y-. Motoroycle and eter_eyele pafts; and a—business -'-inia-ly or- inoidentally=I'er the t ,tiri business a. T'oloyisions .L ,vrxzxvzx=;1 --., Fed to be, stie is si�ss tam rco Or -speck b. Hi 6 ster-@es, r-adies, tape rwor-der-sF 6E14i-floate tl i" ren. 5.0 4 the or e appeafs with .,b a-Aieles at tl,o , Unplifiefs, video recording arm-ri. zvsa: 10. "New" paeans anything conspicuously d. Gam efas,pr-ojootors and cessoxles; not used. 0, Tools; 7-70-4 TIGARD MUNICIPAL CODE 11. "Transient ent m r-eha t" means anyjy - 15. "Regulated property" means property of a type.that has been determined-by the Chief of a. Engaged in the business of Police to be property that is frequently the subject pu-ohasing r ^„s--.L* s of theft including new items as defined in this in thsCity; section as well as used items such as precious metals, precious gems, watches, sterling silver., b. Engaged as an itinerant business of electronic equipment, photo rah e ui ment tees ss—undff the tools musical instruments and cases firearms PFEWISIORS Of sporting equipment, and household appliances. 1n Gode Chaptef 5.04; and order to enhance the Police Department's ability to reduce propWy crimes and recover stolen 0. Eq4gaging iij the goods,...a list of regulated prgpegy is included in ,,.chasing Sue preeioug metals or the Administrative Policies and Procedures gemsff OFA any per-sen—not Section I and shall be a dated by June 30`x' of fcpr-esepAinga business- whieh is. each year by the Chief of Police. A copy will be kept on file in the Police Department. se e�spesi l-eertifioate under- T4 oil- of the gafd 16. "Remanufactured" means that an item l�� - -e, and whe ^^„ears has been altered to the degree that the main >;*" SUGh aA4eles at tho dca4or'r components are no longer identifiable as the place Of business.- rxd3�)K R 1original.item. 17 "Seller"means any.person who: 11. ".Pawnbroker" means any business required.by.Oregon.Revised Statute 726.040 to a. Offers items of regulated propert in hold an Oregon a pawnbroker's license. exchange for money or other Pawnbrokers are required.by Cha ter 7.70 to have -property; or as collateral for a loan a Secondhand Dealer Permit. As a Dealer, all or transactions occurring within their business (loans, buys, or consignments) are subject to all b. Donates or abandons items of requirements within this Cha ter unless otherwise regulated property_ stated. 18. "Trade Show" means an event open to 12. "Person"means a:natural person, the public, held in a venue other than a Dealer's business location, at which vendors of a specific 13. "Principal" means any person who will type of merchandise may exhibit bu sell or be directly engaged or employed in the trade items..that.may include regulated proppM. management or operation of the Secondhand Dealer business, including any owners and any Events commonly known as flea markets or-.swap shareholders with a S% or greater interest in the meets, in which goods of manypes are company, exhibited sold or traded are not considered trade shows for the purpose of this Cha ter. 14. "Receive" means to take ro ert into the inventory,possession, or control of a Dealer. 7-70-5 T GARD MUNICIPAL CODE 19. "Transaction Report" means the record ebta x3;ng a spoeial of the information re uired by Section 7.70.080 ftess transmitted to Tigard Police Department by th feeeipt or speeial-eertifieate which is FequiFed- means required in Section 7.70.080. , or any other City lieense of pefmit- 44-20. "Transient Merchant" means any person: 1. No person or business shall engage in, conduct or carryon a secondhand dealer business a.-Engaged in the business of in thefity of Ti and without a valid Secondhand purchasing preeieus meta4r, or gems Dealer Special License issued by the City of i,i or acquiring regulated property Tigard.. A s ecial license shall be required in from business locations within the addition to a business license or special certificate City of Tigard; required by Chapter 5.04 of the Ti and Munici al Code, or any other city license or permit. b.-Engaged .as an itinerant mess or temporary business under the 2. Application for- sueb lisense shall be provisions of the Tigard Municipal made iipon standard fens issued and kept by Code, Chapter 5.04, and , c.-RigagingEngaged in the business of to be 1'll m4h:-pe , purchasing such press-motals or . The mss-regulated property from any applioatien „ a eopy ther-ee f s1,a1t be FefefFed to person not representing a business the Chief fbT inves!igation prior to isslia-ne@ of which is required to be issued a Pe ei4 speeial If°+ ffem such business tax-re-fit license or special investigation, or--etherwise, that a perrnane t certificate under Chapter 5.04 of the a! license should not be issued to the Tigard Municipal Code, and who applicant, the Chief shall notify the GiVf—Q=1 appears with such articles at the to that off-cot and shall sO fe#h the r-easoiis dealer's place of business rn� the ^ ..,:.,.,r+ should be denied ^ speeial heense. 26 §l, to the appliivaixt. The—cappliearA–i appeal-� 21. "Used" means an hin that has been put into action or service. deeisioi by the r-0— G,,,,,, :, to grantor- da„y peFma ei# speeial i--l- --j be reviewed 22. "PPDS" (Portland Police Data System) f fffi f i a000f-1 ��, .;+,., ORS 34.010+„ 34.100. means the computerized record keeping system Tigard Police Department utilizes to manage data, 2. Upon acquiring or offering for sale more including,but not limited to, Secondhand Dealers' than 50 items of re ulatedro e t during.. an transaction reports. one�year period, an Occasional Secondhand Dealer shall apply for and obtain a Secondhand 7.70.030 Special License Required. Dealer S ecial License before acquiring any more items of regulated property. 1. it is ulilawful te operate as a-R , preeieusmet-al er- gem, ser-ap metal , s@eendhand 3. The following shall be grounds for denim--of the issuanee 9.r tenyoraly=er 7-70-6 TIGARD MUNICIPAL CODE by the Chief a-R city 7.70.035 Minimum Standards. 1. No pers__on_or business_may overate as a a—GeHViGtiOR of a sr-inn iRWIVing Dealer within the City of Tigard unless the person. Faecal-t-uTit—dc;of or business maintains a fixed physical business location. bEvidene@ that the applicant has not ^.,,,.,plie,a withmild e fdinaff6�ef 2. Dealers shall com 1 with all a licable w nr:, isdietion; OF federal, state and local regulations. 6 N.,.,cei:-.,-,lianee of t-h@ b,,n;r @SS OF 7.70.04$-bie- . apPrr ,,1;vicnznt with ; Of EvcFy imnsient mc-r-ohant shall possess and shall peat at any plaeo 26 §1�8-T 3. Any person or business that advertises or:otherwise holds him/herself out to be acquiring 7.70.040 Application for Special License. or offering for sale regulated ro g within the City of Tigard will be presumed to be operating as 1. Ana licant for a Secondhand Dealer a Dealer subject to the terms of Chapter 7.70. Special License shall complete and submit an application (including required personal history 4. The fee for suoh speeial licenses is forms)that sets forth the followin information: pwsuant to this or-dimanee—shall—lie—set by resolution of the city Counoil. &,Cry speeial a. The name address tele one lise se ; ,,,a sh 11 _.- T . ,, ,,, 15th of earh number, birth date and principle yeaf and shall-be- -mflewed upon payment of occupation of all owners and any &o, unless not renewed 01: the gr-ouiads listed in person who will be directly engaged Seel on �n 11n eaf+1,;. e1,apten rn,-. 93 26 §35 or employed in the management or �} operation of the business or the proposed business. 4. The sale of regulated property at events commonly known as ",garage sales ".."Yard sales " b. The name, address and telephone or "estate sales" is exempt from these regulations number of the business or roposed if all of the following are present: business and a description of the exact nature of the business to be a. No sale exceeds a period of 72 operated; consecutive hours, and c. The web address of an and all web b. No more than four sales are held at pages used to acquire or offer for the same location in any twelve- sale regulated property on behalf of month period. the Dealer and any and all internet auction account names used to 7-70-7 TIGARD MUNICIPAL CODE acquire or offer for sale regulated must set forth the names birth property on behalf of the Dealer. dates, addresses, telephone numbers, and principle d. Written proof that all principals are occupations, along with all other at least 18 years of age; information required of any individual applicant, of each e. Each principal's business occupation partner, whether general, limited, or employment for the 3 years or silent, and the respective immediately preceding the date of ownership shares owned__by application; each. ff The business license and permit (2) If a corporation, or limited history of the applicant in..operating liability coinpany, the a business identical to or similar to application must set forth the those regulated by Cha ter 7.70• co orate or com an name copies of the articles of g. A brief summary of the a licant's incorporation or organization business history in any jurisdiction and the corporate by-laws or including: operating agreement, and the names addresses birth dates (1} The business license or, permit telephone numbers, and principle history. of thea licant and occu ations along with all other information required of any :(2) Whether the applicant or any individual applicant, of every.. principal has ever had an officer, director, members or business-related license or managers, and shareholder, permit revolted or suspended, the (owning more than five percent reasons therefore and the of the outstanding shares) and business activity or occu ation the number of shares held by of the applicant or principal each. subsequent to the suspension or revocation. i. If the applicant does not own the business premises, a true and h. Whether the applicant will be a sole complete copy of the executed lease proprietorship, partnership, limited (and the legal description of the partnership, family limited premises to be ermitted) must be partnership, joint venture, attached to the application; association cooperative, trust estate corporation,_ personal holding All arrests or convictions of each company, limited liability company, principal enumerated in Paragraphs 1 limited liability..partnership or an through 7 of this Section, other form of organization for doing business. T k. Upon request, principals and ern to ees shall submit to the Tigard (1) If a partnership, the application Police Doartment the following 7-70-8 TIGARD MUNICIPAL CODE information: fingerprints, passport- Section.7.70.050 Issuance and Renewal of sized hoto ra hs and a co of the Special Permit. sig!2ature initials to be used by persons on transaction re ort forms. L Upon the filing of an application. for a Principals and em to ees must Secondhand Dealer Special License and payment submit new photos if requested to do of the required fee, the Chief of Police shall so by the Tigard Police Department. conduct an investigation...of Ahe applicant and all principals and employees listed accordingto o the 1. Any other information that the Chief requirements in Section 7.70.040. The Chief of of Police may reasonably feel is Police shall issue the permit within 90 days of necessary to accomplish the goals of receiving the gp2lication if no cause for denial this Chester. exists. 2. The Secondhand Dealer shall notif the 2. Except as provided in Section 7.70.050 Chief of Police of any changes in the information the Chief of Police shall deny an application for a required in Section A within 10 business da s. Secondhand Dealer Special License if an of the following apply: 3. New em to ees of Dealers shall complete and submit the personal history form as a. The applicant or any person who will. required in Section A of this Subsection. be directly engaged . in the Erni 10 ees ma not acquire re ulated ro ert management or operation of the . until all required information has been reviewed. business, or any person who.owns a and a roved by the Tigard Police Department. five percent..or more interest in the The.criteria used to review a new employee. will business, has previously .owned or be same asthose used in the review of an initial operated a business regulated b. applic_atian _i_n Chapter 7.70. Chapter 7.70; and 4. The personal...and business information (11) The license or permit for the contained in the application forms required business has been revolted for pursuant to Section 7.70.040 are subject to the cause that would-be.grounds for requirements of the Oregon Public Records Law, revocation pursuant to Chapter ORS 192.410 et seq, 7.70; or 7.70.0-5 -00045 Surety Bond Required. 2 The business has been found to constitute a public nuisance and No person shall engage in business as a abatement has been ordered. transient merchant until such pe-,rson--merchant has filed with the City Recorder of the City ef-a ten b. Any person listed on the initial thousand dollar bond, with a surety company a lication or renewal a lication licensed to do business in the state of Oregon as has been convicted of one or more of surety, for the benefit of any person damaged by the offenses listed below or has false, fraudulent, or misleading representations of violated any section of Chapter 7.70. the transient merchant in the conduct of his The offenses include: business. (Ord. 83-26 §8, 1983). (1) Any felony_ 7-70-9 TIGARD MUNICIPAL CODE (2) Any misdemeanor or violation 3. Notwithstanding Section 7.70.050, the involving either bribery, Chief of Police may grant a permit after controlled substances deco tion consulting . with the City Council despite the dishonesty, forgery, fraud, or presence of one or more of the enumerated factors theft, or any attempt or if the applicant establishes to the Chief of Police's conspiracy to commit an of the reasonable satisfaction that: listed offenses. a. The behavior evidenced by such c. The Chief of Police finds by a factor is not likely to recur; or, preponderance of the evidence that the applicant or my principal or b. The behavior evidenced by such employee has committed apy offense factor is remote in time, or, relating to fraud,theft or Any apt or conspiracy to commit theft, or any c. The behavior evidenced by such offense listed in Section 7.70.120. factor occurred under circumstances that diminish the seriousness of the d. The Chief of Police finds by a factor as it relates to the.purpose of preponderance of the evidence that Chapter 7.70. the a licant or any princi al or employee who will be involved in 4. Secondhand Dealer Special Licenses are the business has violated any law valid for one year and expire at 12:00 a.m. on where the elements of such law are Janugy 15`x' of each ear. The permits are equivalent to the provisions of. nontransferable and are valid for only a single Chapter.7:„70; business location. When the business location is . to be changed, the permit holder shall provide the e. Any statement in the a lication is address of the new location in writing to the Chief false or any required information is of Police for approval at least 14 das rior to the withheld; or change. f The Chief of Police finds by a 5. Secondhand Dealer Special Licenses preponderance of the evidence that must be dis la ed at the business location in a the applicant, or any person who will manner readily visible to patrons. be directly engaKed or employed in the management or operation of the G. Upon denial of an application for a business,..or an erson who owns a Secondhand Dealers Special License, the Chief of five percent or more interest in the Police shall give the applicant written notice of business has previously owned or the denial. operated a business regulated by Chapter 7.70 or any laws or statutes a. Service of the notice will be equivalent to the provisions of accomplished by mailing the notice Chapter 7.70, and the business has to the applicant by certified mail, violated applicable state, federal or return receipt requested. local requirements, including permitting requirements. 7-70-10 TIGARD MUNICIPAL CODE b. Mailing of the notice will be rima date ofbiTrh. The+yo „f,; to t;A nt: . , nea 1 suc facie evidence of receipt of the as dfiver'�j c1 9rr i rt 3ztsTiumbeF,- all notice. listed ,,., +b,., f,,,..,., e. The denial will be effective the date �� �t;�, that e�T"2'ITCTl Fi l3iLLI�I3ZLFLTC-rn- the notice is sent. to be fumished pursuant to this section to aid 4n I'll ny~stigation-of the theft of property is of _a 7. Denial of a permit maybe appealed by confidential nature and related to tho-per� filing written notice of an appeal within 10 days acy oPersons doing business :tl dealers of the date of denial in accordance with Sectionregulated by this chapter-, as cl'r- oe;n_ tradde 7.70.150. secrets and pfaetiees of such dealers, such izfvrrnutieq sh l] beconsidered to e confidential 770.060 Reco.-�'z. and privileged from diselos-afe to the maxim,"O'. l la under-der- . plic bele laws,, ;ally 1. The Chief shall provide a form fer ORS 1012.50.0(a)(0- recording items purchased by antique dealefs, p cie�rs-Fetal -or- .gem-dealers, scrapmetal 5, The dealer's eopy of all required forms , 9 - seeondhartd and tran'si sha4lbe retained f r nperiod of net les&4han-ene business which is required to b issued - I- i tn. „t or special. ee-,O e to�,� ��t@ �Gry Person regulated by t33� 4p. igafd .MunieIpa'l-C tom, nund=v na sionsf+h'r�__^.r ehaptei. --hall_r,.rnail -or__delivrer to dealor's plaoe.bf. the-Chief,-at the-close-8f @aoh-business-`lcrccy, all business. In lio„ of„n;, g. f rrns p .ided by o-b,.., required forms or 14ble eopies thereof,Chief- - , leser-i.ing articles r relaxed "ng that business forms have bq@n approved by the Chief� form day: provided far her@4all be of such size, shape and color- a-Rd sha4l require such infafmatio 7. The Chief m ply the r Fn@nts rel.vtin to the regulations o f this chapter nn t1„o x Chief ffl y ,diem, chapter-to sem or all classes of transactions otherwise -0 .-gulated by this chapter-, including 2. dealers-vr who n (�'tv. business tax r�G:._�vr The description of such articles so purchased fofm, The dealer shall fill in all of + blanl- Tigard Municipal Cde—S{lsh-Fe��e en�shal� FrpaGes on such f with such data as is. r d only be, applied upon general notice nd by the , and d ire-he-peF deFt-10" opportunity , 1983)7 , - by d3is ordinance to sign such form. c,,.a, �,-,-., nl,,.vll l e fifliled out in clearly 7.70.060 Special License Fees. � ri klig. Every Dealer shall complete and submit all 3. Transaotions regulated pursuant to this required forms to the Chief of Police and pay a chapter shall only be undertaken by the dealer non-refundable fee as set forth by. the City of after the seller has presented propor identification. Tigard Master Pees and Charges Schedule. which ,rat e r.f;,.m +b o Person's ,llname n-' �rrxrrn 7-70-11 TIGARD MUNICIPAL CODE 7.70.070 Property Salem 7.70.070 Subse cent Locations. 1, - i 1. Dealers must file an .application for a dealer-, r -ffle l oi:gem dealer, woondhd permit for a subsequent or additional business dealers, or transient merchant, tulate44Ff4hia location with the Tigard Police Department and 'u-TI be sold less tban "O'00H days after pqy a non-refundable fee as set forth in -theCitv Yur �Su proper-,,-, maintained-in of Tigard Master Fees and Charges Schedule, provided--.-.the information required for the et be commingled so as to » eelude°A . -lion subsequent or additional business location is during suoh fifteen day 4, identical to that-provided in the application for Notwithstanding this r nt the GIF.,;-0 the prior location with the exception of that allthor4 ' -s v ew.,,is-shown +"�+ e4*r�»^� re uired b Section 7.70.040. for- fifteen tie-�e�"���per-ie& 2. Secondhand Dealer Special Licenses issued for subsequent or additional business locations will be subject to all the requirements guFGha%d—by a ePert—licensed—t Si€ of this Chapter, and the term of the permit issued muchant shall be, kept during this entir�� for a subsequent or additional location will ---;—A d, ; safe .deposit be „r its equivalent, expire on the same date as the initial permit. a bank, savings and loan assaGiat4on, E)th@ financial iRsti"Hfien appfove;�b�- bief, within 7.70.080 Artieles To Be Tagged. 111eG0FpE)Fat@ limits of the City. The exp@nses-E) such stefage shall be bome by the merohant�. n»., antique, dealer-, prwieus metal or- gem Upon placement ef such pr-eeJous metals of gems dealer-, sesondhand dealer-, or- tran in such safe deposit box,4o tranS40nt In eFehant puf ehasin etl hrte;,,, »r> r+;ala in the business r „T ro 7 t <> shall, bef--- dw end of that bus��� this chapter- from _H',' -11--F-S-011 H84 FOPHSMAing r-r +ho ;+emS W@f@ so placed, ail .,r ,deliver- , r;++e» business ,0,1,461, ; road to be issued ., 1.asiness yr special cvate and@r Chapter - items rhe—bGii kept Elkrl}} —this t@€i- a , and who appeam ..;+1, s ,,,1, afti teles a4 the ,de lu's plae@ of 3. 3A%enever- the Ghief,� upon reasonable whierh 5h-llbe a—number—in legible belief that the specific » ,,orf„ is the s�� euafaeter-s, whieh numbff shall correspond to the theft, wriiing any antiquedealer, notifies in i-Us bOF en the r r,rrd f'..,-,»s red +e, be 7-1 preeieus metal or gem dvealeF, seFap •, etal d"-'sczu , undef Section 7.70.060 of this ehapten 1,0Fd. 93- 76 §6, 3983) dispose of any vv'r�rv� l ly—uvS v purehased, the prepert3, shallberetained in 7.70.080 Reporting of Secondhand Dealer substantially - sa-w and shall not be sold, Transactions. for a period of time to dthil:ty days, a.9 1. Dealers shall provide to the Tigard d,ete.,,ined by the Chief (nr,a 83 26 §e 1983) Police Department.-all required information as set forthby the Tigard Police Department for each re ulated property. transaction fnot including 7-70-12 TIGARD MUNICIPAL CODE sales). The Chief of Police :may designate the Chapter.. to the transaction re ort form as format for the transfer of this information and znay appropriate. direct that it be communicated to the Criminal Investigations Unit by means of rail, the internet, 7:70-098 Inspeetion O Ar-tieles And Zeeor;s-. or other computer media. All per-sons spe--iially Heeffsed by this -X' a. In any such case that the Chief to d©-business-as-an-ai lique dealer,proGious metal directs that the information be , s000ndhand transmitted via computer media, the aes_ler,errs t me-rehant, and—an-y—pefsen Chief May.also direct the system that -=-IT F-the Gh4 of will be utilized in order to ensure ntatio^ of offiei 4 ;,nor*:r;,.atio *a onto conformfty. among all Secondhand Dealers. r-ogulatod by this ehapWr, and r- oords d-te b. If, after establishing the format and , requirements for the transmission of to ensure, complians@ with the r 01ASiAms ^i *�;� computerized reports of transactions, ehapter. My suoh kispection shall only be the: Chief of Police alters the rho- lrar A„ , Roma! bus,.'Il@ss heu mess required.....format Dealers will be given at least 60 days to comply with the new format requirements. If 7.70.090 Regulated Property Sale Limitations. unable to implement the reporting system before the deadline, a Dealer 1. Re lated property is subject to the must submit a written request for following limitations: additional time to.the Chief of Police before the deadline. a. Holding_Period: Regulated u ated property acquired by any Secondhand Dealer c. Pawnbrokers are required to report must be held fora eriod 30 full only new transactions. Loan days from the date of acquisition. renewals do not need to be reported. Pawnbroker loan transactions are exempt from the 30-day hold 2. The Tigard Police Department will requirements of 7.70.090 because of provide all Secondhand Dealers with transaction the redeemable nature of the loans report forms at cost until 60 days after such time and the holding requirements in QRS that the Chief of Police directs a chane in the 726. However, if the loan is reporting method. The Chief of Police may converted to a buy by the specify-the..format of the transaction report form. pawnbroker within 30 days from the The Chief of Police may require that the date of the pawn transaction, the transaction report form include any information difference between the original date relatin to the re Mations of this Chapter. Dealers of the pawn and the buy will count may utilize their own forms, in lieu of those toward the 30-day hold requirement. supplied by the Tigard Police Department, if the All other provisions of 7.70.090 Chief of Police has a roved such forms. The remain in effect. Declaration of Proof of Ownership will be considered to be included in references in this 7-70-13 T GARD MUNICIPAL CODE b. Requirement..of held ro ert All mgy. modify. the hold period and/or re ortin held property must remain in the requirements for those types of transactions. same form as when received, must Those transactions and the modified requirements not be sold dismantled or otherwise are described in Section 7.70.120. disposed of, and must be kept separate and a art from all other 3. Upon reasonable belief that an item of property during the holdingperiodto regulated property is the subject of a crime, any prevent theft or accidental sale and peace officer may provide notice to any Dealer to allow for identification and that a specifically. described item of regulated examination by the Tigard Police property must be held in a separate Police Hold Department, Held property. must be area fora period not to exceed 30 days from the Dept at the business location during date of notification, and is subject to the this.holding period so that it can be requirements of Cha ter 7.70.090 Subsection Lb inspected during normal business above. The hold may be extended an additional hours as provided . in Section 30 days upon notice provided to the Dealer that 7.70.110). Held property, other than additional time is needed to determine whether a property. on Police Hold mqy be specific item of regulated property is the subject held in a place within public view, as of a crime. The Dealer shall com 1 with the hold long as the other requirements of notice and notify the Tigard Police Department Chapter 7.70.090, Subsection Lb are , Criminal-Investigations Unit of the hold notice no met, later than five calendar days from the &y the notice was received either by telephone, fax, e- c. Held property requirements do not mail or in person. A Dealer must notify the apply if: Criminal Investigations Unit of their intent to dispose of any item of re ulated proppily under (1).The property is received from a Police Hold at least 10 days prior to doing so. Secondhand Dealer re ulated b the City of Tigard who has a. A Police Hold area must meet the already satisfied the holding following criteria: requirements of this Chapter and the Dealer records the original (1) Located out of public view and transaction report number on the access and transaction report completed for the new transaction, or (Q--Marked."Police Hold,"and 2 If a customer who originally 3 Contain onl items that have purchased property from a been put on Police Hold. Secondhand Dealer, returns it to that Dealer with the original b. Dealers may maintain up to three receipt. Police Hold areas as necessary for the safe storage of hi h value items 2. Nothwithstanding Section 7.70.090, the physically large items, and general Chief of Police may determine that certain types merchandise put on Police Hold. of transactions pose a reduced risk of being an outlet for the sale of stolen property and therefore 7-70-14 TIGARD MUNICIPAL CODE c. If it is not possible or practical to must report that belief to the Tigard.. Police move an item to or store an item in Department by day's end. The notice must the Police Hold area, a Dealer may include the transaction report number and any submit a written request to the Chief additional information-regarding..the name of the of Police or his/her designee for owner, if known. approval to keep the item with other heldproperty... Ap-pyoval....pLay be 7. If a peace officer seizes an ro er granted with the understanding that from a Dealer, the Dealer must notify the Tigard the item will be clearly marked as Police Department of the seizure no later than five being? on Police Hold and kept from calendar days from the day the seizure occurs. pubic view and access. The Dealer must provide the name of thea enc the name of the peace officer, the number of the 4. Upon probable cause that an item of receipt left for the seizure and the seized property property is the subject of a crime, the Chief of information. Notification to the Tigard Police Police or his/her designee may take physical Department may be given by telephone, fax,.....e- custody of the item or provide written notice to mail,or in person. any Dealer to hold such property for a period of . time as determined by the Chief of Police not to 7.70,100 Advertising To Disclose License ense mad exceed the statute of limitations for the crime lid, bein investi aced. An ro ert laced on hold pursuant to this subsection is subject to the , requirements found in Chapter 7.70.090, al ,.,..phl@t ^ „t,o ^atort;-;-- ao<,:^- S11bseCtlori l.b and will .be maintained in the :.ieem..ca vr'icmn the eii), of- Tiga�d to attract Police Hold area unless seized or released by the attepAieia to the business -lampreseRee—, of Police. Seizure of property will be carried out in affival in the City of Ti-gar--d(ii a—tient accordance with Oregon Revised Statutes. , 5. If a Dealer acquires regulated property p@r-sen whose attention Js attraGted by suc with serial numbers, personalized inscriptions or " me—of ffie-rehant) initials, or other identifying marks which have ^ ^„r;,,a �;�ense and pastoa been destroyed or are illegible due to obvious a sunty bond -ed by the City of Tig normal use, the Dealer shall continue to hold the 9regen.” ,,Ord. 83 26lzl�9, 1-983} property at the business location for a period of 90 full da s after acquisition. The Dealer must notif. 7.70.100 Tagging Regulated Property for the Tigard Police Department by writing "90 day Identification. hold" next to the item on the transaction re ort or by an electronic means approved by the Tigard Dealers shall affix a tag to every item of Police Department The held pr9perty must regulated pKoperty, which must contain a unique, conform to all the requirements found in Chapter legible number. That unique number must either 7.70.090, Subsection Lb. be the same as the transaction report number for that item or be referenced to the transaction repo 6. If a Dealer receives information that required by the Tigard Police Department. After leads to an objectively reasonable basis to believe the holding period has expired, the transaction that any propeM already at his/her business number must remain identifiable on the property location has been previously lost or stolen, he/she until the sale of the property. 7-70-15 TIGAR.D MUNICIPAL CODE Tigard Police Department to enter the business I. After thea licable boldin eriod has location to ensure coni liance with the-provisions expired, hand tools, or items that are sold with of Chapter 7.70. The inspection will be for the other like items and have no identifiable numbers limited purpose of inspecting the business or makings need not refrainta �?ed. location re ]ated ro ertand related records as provided in this Chapter. Except by mutual 2. After thea licable holdin eriod has a eefnent with the Dealer orb court order, an expired, items that are remanufactured need not inspection under this Section fray occur only remain tagged. during the Dealer's normal business hours. '?�:z0lation Penalty. 7.70.120 Prohibited Acts. 1. A vk)Wien of this ehaptershall be 1. It is unlawful for any...—Person regelated by Chapter 7.70: su4�est to the penalty set foFth in GhapteFs--74-2 and 7 1 r of the Tigaf d�'��uiii^i�Fpal-Code- a. To receive any_property from any eerr$ 2;. Failure to oemply wAh any provision o this ohapter shallbe eaus€ for- r e tion of the (1) Known to the principal, ... employee.... or . Dealer to be prohibited from selling by a this ehapter--ert sset zOFth JiH SeG fi)B court order, 7.70.030.3 of this , recommend th revaGatian of any al heemw grantedd-pef (2) Under the age of 18 years unless this Ghaptef-. he the erson's arena- or guardian tier f r, S'an" ,eVffitifig to the City coLppletes the applicable Gaud? Ups FOGGipt Of the riR@n information on the Declaration of Proof of Ownership, ..blie, hearing a the ,,,atter„- and fleti fiG tie e z (3) About whom the principal, be in writing and set €eEf the—Chiefs employee or Dealer has been r-eeommendations and reasons, aiid shall be given notice by law enforcement previded at least ten-day. ',- the as having been convicted of After suGh hearing, the City Gaunoil may reveke burglary, robbery, theft or - isens -after-nak^, findings-af d-fe-- i possession of or receiving stolen ro ert within the past.. ten the City 'r El0GJ,Si0R-slaIl be delle 4- years whether the person is Viame@ with ORS 34.010 to 34,100. (n,-a. 83 acting in his or her own behalf or 26 §11,1983)-. as the went of another who meets the above criteria; 7.70.110 Inspection of Property and Records. b. To receive property prohibited by Upon presentation..of official identification this Chapter, including: a Dealer shall allow any representative of the 7-70-16 TIGARD MUNICIPAL CODE 1 Medications: facie evidence of receipt of the notice. (2) Gift cards, in-store credit cards, or activated phone cards; d. The civil penalty will be due ten days from the date of the notice 3 Property with serial numbers unless such civil penalty is appealed personalized inscriptions or in accordance with Section 7.70.150. initials or other identifying marks that..appear to have been 7.70.140 Revocation or Suspension of Permit. intentionally altered or rendered illegible. 1. Along with the other regulatory enforcement authority granted under this Chapter, c. To receive property that a reasonable the Chief of Police may, after consulting with the person under similar circumstances City Council,revoke or suspend any permit issued would believe is more likely.than not pursuant to this Chapter. stolen. Determination regarding whether or not an item is found to be a. For any cause that would be grounds stolen will not be used as a factor to for denial of a permit; or determine whether a Dealer has violated this subsection. b. Upon finding that any violation of the provisions of this Chapter, :2. Any violation of Section 7.70 is federal, state or other local law has punishable, upon conviction,by a fine of not more been committed and the violation is than$500 and a jail sentence of up to six months. connected with the operation of the permitted business location so that 7.70.130 Civil Penalties. the person in charge of the business location knew, or should reasonably 1. The Chief of Police may assess civil have known, that violations or penalties in an amount up to $500 for each offenses were permitted to occur at violation of Chapter 7.70. the location by the Dealer or any principal or employee engaged or 2. Procedure. employed in the management or operation of the business location.; or a. The Chief of Police, having made a determination to seek civil penalties c. A lawful inspection has been as provided by this Section, shall refused; or give the Dealer written notice of the determination. d. If payment of civil penalties has not been received by the City of Tigard b. Service of the notice will be within ten business days after the accomplished by mailing the notice penalty becomes final; or by regular and certified mail, return receipt requested. e. If any statement contained in the application for the permit is false c. Mailing of the notice will be prima 7-70-17 TIGARD MUNICIPAL CODE 2, The Chief of Police, upon revocation or 7.70.155 Administrative Policies and suspension of any permit issued pursuant to this Procedures. Chapter, shall give the Dealer written notice of the revocation or suspension. 1. The City Council shall grant the Chief of Police the authority to change, modify or adjust a. Service of the notice will be the Definition of Regulated Property list accomplished by mailing the notice (Administrative Policies and Procedures, Section by regular and certified mail, return 1), Completion of Secondhand Dealers Report receipt requested. (Administrative Policies and Procedures, Section II), or other sections specified in this chapter. b. Mailing of the notice by regular mail Administrative Policies and Procedures, Sections I will be prima facie evidence of and II, will be maintained by the Tigard Police receipt of the notice. Department and copies will be provided to all Dealers. 3. Revocation will be effective and final ten days after the giving of notice unless the 2. The Chief of Police shall make available revocation is appealed in accordance with Section and publish a new Regulated Property List 7.70.150. (Administrative Policies and Procedures, Section I) and Completion of Secondhand Dealers Report 4. Suspension will be effective (Administrative Policies and Procedures, Section immediately upon the giving of notice, for the 11), by June 30'" of each year. If no modifications period of time set in the notice not to exceed 30 are made to Administrative Policies and days. Procedures, Sections I and 11, from the previous year, the previous year's Administrative Policies 7.70.150 Appeals. and Procedures, Sections I and 11, will remain in effect. 1. Any Dealer or person whose initial application or renewal application for a Secondhand Dealer Special License has been denied, or whose license has been revolted or suspended, or who has been directed to pay a civil penalty by the Chief of Police, may appeal the action of the Chief of Police to the Civil Infractions Hearing Officer in accordance with Chapter 1.17 of the Tigard Municipal Code. 2. The filing of a notice of appeal of revocation or suspension of a permit, or of a civil penalty imposed by the Chief of Police under this Chapter, will stay the effective date of the action until the Civil Infractions Hearing Officer has issued an opinion. 7-70-18