Ordinance No. 14-11 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.14-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.70 SECONDHAND
DEALERS AND TRANSIENT MERCHANTS
WHEREAS,Tigard Municipal Code (TMC) Chapter 7.70 governs secondhand dealers and transient
merchants;and
WHEREAS,Sevetal nearby jurisdictions have made revisions to their municipal code in recent years,and the
City of Tigard desires that proposed changes to TMC Chapter 7.70 more closely align with current best
practices;and
WHEREAS, Some definitions in the municipal code were unclear so they have been clarified. One revision
will add protection to cover a part of the market which was previously overlooked;and
WHEREAS, Changes in the code will provide tools for law enforcement to be more efficient in the
recovery of stolen items which occasionally show up in Secondhand Dealer businesses;and
WHEREAS, Changes will allow dealers to become more competitive with businesses in other jurisdictions
by allowing a shorter hold period for items they buy if proposed changes are followed;and
WHEREAS, Dealers will be required to enter data into a regional database and a provision was added for
current businesses defined as occasional dealers to be exempt from this requirement;and
WHEREAS,Protection for Secondhand Dealers is proposed to guarantee they will be listed as crime
victims when property is seized from them and to place them in line for restitution from the courts;and
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sections of TMC Chapter 7.70 are amended as set forth in Exhibit A to this ordinance
and are approved and adopted by the City Council.
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: By U17A/7i Md"l!S vote of all council members present after being read by number
and title only, this day of 1,1 ,2014.
ORDINANCE No. 14-
Page 1
Carol A.P Krager,City Recorder
�^
APPROVED: By Tigard City Council this g day of ,2014.
johl.Cook,Mayor
Approved as to form:
City Attox
14
Date
ORDINANCE No. 14-
Page 2
EXHIBIT A
TIGARD MUNICIPAL CODE
Chapter 7.70 SECONDHAND DEALERS efforts of legitimate secondhand dealer
AND TRANSIENT businesses, this risk is pressen because these
MERCHANTS.- businesses process large volumes of goods and
materials that are frequently the subject of theft.
Sections: This Chapter is intended to reduce this type of
criminal activity by providing timely police
7.70.010 Purpose, awareness of such property transactions and by
7.70.020 Definitions. regulating the conduct of persons engaged in this
7.70.030 speeia!L business activity. These regulations are necessary
Dealer Lic. Required. and the need for the regulations outweighs the
7.70.035 Mlaimam Standards. regulatory cffmt that may result from their
7.70.040 Application for 1,iecose- adoption.(Ord.09-07§ 1).
Secundhan,: ,. . icense.
7.70.045 Surety Bond Required. 7.70.020 Definitions.
7.70.050 Issuance and Renewal of
Speeial Per" Secondhand As used in this Chapter, unless the context
Dealer License, requires otherwise:
7.70.060 fs� Secondhand
Drub. lFees. 1. "Acceptable identification"means either
7.70.070 Subaegaent Locations. a current driver's license, a State of Oregon
7.70.080 Reporting of Secondhand Identification Card issued by the Department of
Dealer Transactions. Motor Vehicles, or two current United States,
7.70.090 Regulated Property Sale state - or local government-issued identification
Limitations. cards,one of which has a photograph of the seller.
7.70.100 Tagging Regulated Property for I ransactions which are accompanied by a
Identification. thumbprint require only one current United States.
7.70.110 Inspection of Property and state, or local aovemment-issued identification
Records. card which has a ohotoaraoh of the seller.
7.70.120 Prohibited Acts.
7.70.130 Civil Penalties. 2. "Acquire•'means to take or transfer my
7.70.140 Revocation or Suspension of interest in personal property in a voluntary
Aermilsecondhand Doak, lransaction, including but not limited to: sales;
License. consignments; memoranda between a Dealer and
7.70.150 Appeals. a private party seller; leases; trade-ins; loans; and
7.70.155 Administrative Policies and abandonments. "Acquire" also means to take or
Procedures. transfer any interest in precious metals. in a
voluntary transaction, for the purpose of
•Pr r oratnanee history:Ora Vas02-o5.83 ts. refinement. Any acquisition of regulated property
by a Dealer will be presumed to be an acquisition
7.70.010 Purpose. on behalf of the Secondhand Dealer business.
Notwithstanding the foregoing,"acquire'does not
The purpose of adopting this Chapter is to include:
regulate certain business activities that present an
extraordinary risk of being used by criminals to a. Any loans made in compliance
dispose of stolen property. Despite the best with state laws by persons licensed as
7-70-1 Code Update: 8109
TIGARD MUNICIPAL CODE
pawnbrokers by the State of Oregon;or
(2) Pawnbroker licensed under the
b. Memoranda between a Secondhand Oregon Pawnbroker's Act, ORS 726.020,
Dealer and a person engaged in the business of 726.990.
selling regulated property.
b. Dcalers that acquire or offer for
3. "Business Location"means any physical sale not more than 50 items of regulated property
location where the Dealer conducts business. in any one-year period will be categorized as an
"Occasional Secondhand Dealer." The term
4. "Chief of Police"means the Chief of the "Dealer"in this Chapter and all regulations herein
Tigard Police Department or his/her designec. refer to Secondhand Dealers, Occasional
Secondhand Dealers and Pawnbrokers unless
5. 'Criminal arrests or a conviction"refers specifically stated otherwise.
to any offense defined by the statutes of the State
of Oregon or ordinances of the City of Tigard, c. "Dealer"does not include:
unless otherwise specified. Any arrest or
conviction for conduct other than that denoted by (1) A business whose acquisitions
the statutes of the State of Oregon or ordinances of regulated property consist exclusively of
of the City of Tigard, as specified herein, will be donated items and/or purchases from 501(C)3
considered to be equivalent to one of such organizations,or
offenses if the elements of such offense for which
the person was arrested or convicted would have (2) A person whose only business
constituted one of the above offenses under the transactions with regulated property in the City of
applicable Oregon statutes or City of Tigard Tigard consist of the sale of personal property
ordinance provisions. acquired for household or other personal use;or
6. "Dealer'or'Secondhand Dealer" (3) A person whose only business
transactions with regulated property in the City of
a. Means any: Tigard consist of a display space, booth, or table
maintained for displaying or selling merchandise
(1) Sole Proprietorship, partner- at any trade show, convention, festival, fair,
ship, limited partnership, family limited partner- circus, market, flea market, swap mea or sintilar
ship,joint venture,association,cooperative,trust, event for less than 14 days in any calendar year.
estate, corporation, personal holding company,
limited liability company, limited liability 7. "Held Property" means any regulated
partnership or any other form of organization for property that cam nt be sold dismantled or
doing business and that either: otherwise disposed of for a prescribed period of
time as more specifically enumerated in Section
(i) Acquires regulated pro- 7.70.090.
perry at or from business locations within the City
of Tigard, or on behalf of such a business 8. "Investment purposes" means the
regardless of where the acquisition occurs,or purchase of personal properry by businesses and
the retention of that property in the same form as
(ii) Offers for sale regulated purchased, for resale to persons who are
propertypurchasing the property primarily as an
7-70-2 Cade Updwe: 8109
TIGARD MUNICIPAL CODE
investment. of theft, including new items as defined in this
section its well as used items such as precious
9. "Medication" means any substance or metals, precious gems, watches, sterling silver,
preparation,prescription or over-the-counter,used electronic equipment, photography equipment,
in treating or caring for ailments and/or conditions tools, musical instruments and cases, fiteamss,
in humans or animals. sporting equipment,and household appliances. In
order to enhance the Police Department's ability
10. "New" means anything conspicuously to reduce property crimes and recover stolen
not used. goods, a list of regulated property mybeae
included in the Administrative Policies and
11. "Pawnbroker' means any business Procedures. ?e,r ae ii-1, and shall be updated-+w
required by Oregon Revised Statute 726.040 to 3wte3"of-eeeli year by the Chief of Police. A
hold an Oregon pawnbmker's license. copy will be kept an file in the Police Department
Pawnbrokers are required by Chapter 7.70 to have
a Secondhand Dealer Permit. As a Dealer, all +617. "Remanufactured"means that an item
transactions occurring within their business has been altered to the degree that the main
(bans, buys, or consignments) ate subject to all components are no longer identifiable as the
requirements within this Chapter unless otherwise original item.
stated.
+=I 'Seller'means any person who:
12. "Person"means a natural person.
a. Offers items of regulated property
13. "Principal" means any person who will in exchange for money or other property; or as
be directly engaged or employed in the collateral for a ban;or
management or operation of the Secondhand
Dealer business, including any owners and any b. Donates or abandons items of
shareholders with a five percent or greater interest regulated property.
in the company.
+819. 'Trade Show"means an event open to
14. "Receive means to take property into the the public, held in a venue other than a Dealer's
inventory,possession,or control of a Dealer. business location, at which vendors of a specific
type of merchandise may exhibit, buy, sell, or
IS. A"Registered Business'must be: trade items that may include regulated property.
i
a. Remstered with the Secretary of Events comnwnly known as flea markets or swap• - - Formatted:Indent.Lek: 0.06',First line.
State Corporate Division or its equivalent in the meets, in which goods of many types arc 059',Numbered+Level:I+Numbering
re
state where the business is located:attd exhibited, sold or traded,anot considered trade 5,*:a,o,c, +start at I+aignri Lek
shows for the purpose of this Chapter. ._ +Aligned at 0 6'+Indent at. 0.85-
b. In compliance with the City of Formatted:Indent:Lek: 0.85-
Tigard business license registration requirements, 4420. 'Transaction Report" means the Formatted:Indent.Lek: 0',First line: o.6
record of the Informationuired b Section Numbered+Level:1+Numbering Style:a,b,
ral y 4 ..+Start at I+Alignment'.Left+Aligned
7.70.080, transmitted to the Tigard Police at 0.6'+indent ac 0.8.5"
16. "Regulated property' means property of Department by the means required in Section
a type that has been determined by the Chief of 7.70.080.
Police to be property that is frequently the subject
7.70.3 Code Update: 8109
TIGARD MUNICIPAL CODE
2!421_I. 'Transient Merchant" means any License shall be required in addition to a business
person: license or special certificate required by Chapter
5.04 of the Tigard Municipal Code, or any other
a. Engaged in the business of City license or permit
purchasing or acquiring regulated property from
business locations within the City of Tigard; 2. Dealers that acquire or offer for sale not
more than 50 items of regulated Property in any
b. Engaged as an itinerant or rine-..ear per d are categorized as an"OCCaSIOna1
temporary business under the provisions of the ,f - Upon acquiring or offering
Tigard Municipal Code,Chapter 5.04;and for sale more than 50 items of regulated property
during any one-year period, an Occasional
c. Engaged in the business of Secondhand Dealer shall apply for and obtain a
purchasing such regulated property from any krrSecondhand Dealer Spe�«+*License and
person not representing a business which is Comply with all the regulations of a secondhand
required to be issued a business license or special dealer before acquiring any more items of
certificate under Chapter 5.04 of the Tigard regulated property.
Municipal Code, and who appears with such
articles at the Dealer's place of business. 3. Any person or business that advertises
or otherwise holds him/herself out to be acquiring
2422, "Used" means anything that has or offering for sale regulated property within the
been put into action or service. City of Tigard will be presumed to be operating as
a Dealer subject to the terms of Chapter 7.70.
3321. "PPDS" (Portland Police Data
System) means the computerized record keeping 4. The sale of regulated property at events
system the Tigard Police Department utilizes to commonly known ss"garage sales,""yard sales,"
manage data, including, but not limited to, or"estate sales"is exempt from these regulations
Secondhand Dealers' transaction reports, .ti. if all of the following are present:
includes the Rep.I1N record kerning system.((lid
09-07§ 1). a. No sale exceeds a period of 72
consecutive hours;and
24. "RAPID" (Northwest Regional
Automated Information Database) means the b. No more than four sales arc held at
computerized, web-based record keeping system the same location in any 12-month period. (Ord.
the Tigard Police Department utilizes to manage 09-07§ 1).
data ti mmung to Secondhand Dealers'
transaction reports. 7.70.035 Minimum Standstills.
7.70.030 Speeial--Weense -.Secondhand 1. No person or business may operate as a
Dealer I.icense Required Dealer within the City of Tigard unless the person
or business maintains a fixed physical business
1. No person or business shall engage in, location.
conduct or carry on a secondhand dealer business
in the City of Tigard without a valid Secondhand 2. Dealers shall comply with all applicable
Dealer t pee al Ucense issued by the City of federal, state and local regulations.(ted. 09-07§
Tigard. A tsysial--1 senbe Secondhand Dealer 1),
7.704 Code Update: 8109
TIGARD MUNICIPAL CODE
history of the applicant,and
7.70.040 Applkadom fbr-bpeeieFbieeuw-
Secmtdhand Dealer License. (2) Whether the applicant or any
principal has ever had any business-related license
I. An applicant for a Spesial--6isenee or permit revoked or suspended, the reasons
Sc�ondhand Dealer Li.en.,c shall complete and therefor, and the business activity or occupation
submit an applintion(including required personal of the applicant or principal subsequent to the
history forms) that sets forth the following suspension or revocation;
information:
h. Whether the applicant will be a sole
a. The name, address, telephone proprietorship, partnership, limited partnership,
number, birth date attd principle occupation of all family limited partnership, joint venture,
owners and any person who will be directly association, cooperative, trust, estate, corporation,
engaged or employed in the management or personal holding company, limited liability
operation of the business or the proposed company,limited liability partnership or any other
business; form of organization for doing business.
b. The time, address and telephone (1) If a partnership, the applica-
number of the business or proposed business and a tion must set forth the names, birth dates,
description of the exact nature of the business to addresses, telephone numbers, and principle
be operated; occupations, along with all other information
required of any individual applicant, of each
C. The Web address of any and all partner,whether general,limited,or silent,and the
Web pages used to acquire or offer for sale respective ownership shares owned by each.
regulated property on behalf of the Dealer, and
any and all Internet auction account names used to (2) If a corporation, or limited
acquire or offer for sale regulated property on liability company, the application must set forth
behalf of the Dealer; the corporate or company time, copies of the
articles of incorporation or organization and the
d. Written proof that all principals are corporate by-laws or operating agrecment,and the
at least 18 years of age; names,addresses,birth dates,telephone numbers,
and principle occupations, along with all other
e. Each principal's business occu- information required of any individual applicant,
pation or employment for the three years of every officer, director, members or manages,
immediately preceding the date of application; and shareholder (owning more than five percent
of the outstanding share) and the number of
f. The business license and permit shares held by each;
history of the applicant in operating a business
identical to or similar to those regulated by i. If the applicant does not own the
Chapter 7.70; business premises, a true and complete copy of
the executed lease(and the legal description of the
g. A brief summary of the applicant's premises to be permitted)must be attached to the
business history in anyjurisdiction including: application;
(1) The business license or permit j. All arrests or convictions of each
7-70-5 Code Update: 8109
TIGARD MUNICIPAL CODE
principal enumerated in Subsection I of this fraudulent, or misleading representations of the
Section; transient merchant in the conduct of his/her
business.(Ord.119-07§ 1).
k. Upon request, principals and
employees shall submit to the Tigard Police 7.70.050 Issuance and Renewal of
Department the following information: 7spr ttii+'eraxNJrcondhand
fingerprints, passport-size photographs, and a Dealer License.
copy of the signature initials to be used by persons
on transaction report forms. Principals and 1. Upon the filing of an application for a
employees must submit new photos if requested to ° --ail--' ^-- -- SPPOIRI kwense Second;;
do so by the Tigard Police Department; Dealer License and payment of the required fee,
the Chief of Police shall conduct an investigation
I. Any other information that the of the applicant and all principals and employees
Chief of Police may reasonably feel is necessary listed according to the requirements in Section
to accomplish the goals of this Chapter. 7.70.040. The Chief of Police shall issue the
rr. ii.ci, within 90 days of receiving the
2. The Secondhand Dealer shall notify the application if no cause for denial exists.
Chief of Police of any changes in the information
required in Subsection 1 of this Section within 10 2 Except as provided in Section 7.70.050
business days. the Chief of Police shall deny an application for a
Secondhand Dealer Special License if any of the
3. New employees of Dealers shall following apply:
complete and submit the personal history form as
required in Subsection 1 of this Section. a. The applicant, or any person who
Employees may not acquire regulated property will be directly engaged in the management or
until all required information has been reviewed operation of the business,or any person who owns
and approved by the Tigard Police Department. a five percent or more interest in the business,has
The criteria used to review a new employee will previously owned or operated a business regulated
be the same as those used in the review of an by Chapter 7.70,and
initial application in Chapter 7.70.
(1) The license or permit for the
4. The personal and business information business has been revoked for cause that would be
contained in the application forms required grounds for revocation pursuant to Chapter 7.70,
pursuant to Section 7.70.040 are subject to the or
requirements of the Oregon Public Records Law,
ORS 192.410 et seq.(Ord.09-07§ 1). (2)The business has been found to
constitute a public nuisance and abatement has
7.70.045 Surety Bond Required, been ordered;
No person shall engage in business as a b. Any person listed on the initial
transient merchant until such merchant has filed application or renewal application has been
with the City Recorder of the City a 710,000 convicted of one or more of the offenses listed
,t,... bond,with a surety company licensed to do below or has violated any section of Chapter 7.70.
business in the State of Oregon as surely, for the The offenses include:
benefit of any person damaged by false,
7-70-6 Code Update: 8109
TIGARD MUNICIPAL CODE
(1) Any felony. factor is not likely to recur;or
(2) Any misdemeanor or violation b. The behavior evidenced by such
involving either bribery, controlled substances, factor is remote in time;or
deception, dishonesty, forgery, fraud, or theft, or
any attempt or conspiracy to commit any of the c. The behavior evidenced by such
listed offenses; factor occurred under circumstances that diminish
the seriousness of the factor as it relates to the
c. The Chief of Police finds by a purpose of Chapter 7.70.
preponderance of the evidence that the applicant
or arty principal or employee has committed any 4,
offense relating to fraud, theft or any attempt or Secondhand Dcaler Licenses aro valid for one
conspiracy to commit theft, or any offense listed year and expire at 12:00 a.m. on January 15th of
in Section 7.70.120; each year. The petmrts—licenses are
nontransferable and are valid only for a single
d. The Chief of Police finds by a business location. When the business location is
preponderance of the evidence that the applicant to be changed, the perms license holder shall
or any principal or employee who will be involved provide the address of the new location in writing
in the business has violated any law where the to the Chief of Police for approval at least 14 days
elements of such law are equivalent to the prior to the change,
provisions of Chapter 7.70;
S.
e. Any statement in the application is Secondhand Dealer License,.most be displayed at
false or any required information is withheld;or the business location in a manner readily visible to
Permits.
f The Chief of Police fads by a
preponderance of the evidence that the applicant, 6. Upon denial of m application for a
or any person who will be directly engaged or Secondhand
employed in the management or operation of the Dealer License,the Chief of Police shall give the
business, or any person who owns a five percent applicant written notice of the denial.
or more interest in the business, has previously
owned or operated a business regulated by a. Service of the notice will be
Chapter 7.70 or any laws or statutes equivalent to accomplished by mailing the notice to the
the provisions of Chapter 7.70, and the business applicant by certified [nail, realm receipt
has violated applicable state, federal or local requested.
requirements,including permitting requirements.
b. Mailing of the notice will be prima
3. Notwithstanding Section 7.70.050, the facie evidence of receipt of the notice.
Chief of Police may grant a permit after
consulting with the City Council despite the C. The denial will be effective the date
presence of one or more of the enumerated factors the notice is sent
if the applicant establishes to the Chief of Police's
reasonable satisfaction that: 7. Denial of a parw»t—bccnsc tray be
appealed by filing written notice of an appeal
a. The behavior evidenced by such within 10 days of the date of denial in accordance
7-70-7 Code Update: 8109
TIGARD MUNICIPAL CODE
with Section 7.70.150.(Ord.09-07§ 1).
a. In any such case that the Chief
7.70.060 eSppeW07directs that the information be transmitted via
Dealer License Fam computer media, the Chief may also direct the
system that will be utilized in order to ensure
Every Dealer shall complete and submit all conformity among all Secondhand Dealers. 1,
required forms to the Chief of Police and pay a secondhand dealers shal. ,:ons
non-refundable fee as set forth by the City of into RAPID. Tixard's _ :.portm
Tigard Master Fees and Charges Schedule. (Ord. system.
09-07§ 1).
7.70.070 Subsequent Locations.
i
1. Dealers most file an application for a eLPelioer
pemiii hccn�t for a subsequent or additional
business location with the Tigard Police b. If, after establishing the format and
Department and pay a non-refundable fee as set requirements for the transmission of computerized
forth in the City of Tigard Master Fees and reports of transactions, the Chief of Police alters
Charges Schedule; provided the information the required format, Dealers will be given at least
required for the subsequent or additional business 60 days to comply with the new format
location is identical to that provided in the requirements. If unable to implement the
application for the prior location with the reporting system before the deadline, a Dealer
exception of that required by Section 7.70.040. must submit a written request for additional time
to the Chief of Police before the deadline.
issued for C. Pawnbrokers are required to report
subsequent or additional business locations will be only new transactions. Loan renewals do not need
subject to all the requirements of this Chapter,and to be reported.
the term of the penmi censt issued for a
subsequent or additional location will expire on 2. the following aool� to Occasional
the same date as the initial permit. (Ord. 09-07 § Secondhand Dealers:
1).
a. Occasional secondhand dealers
7.70.080 Reporting of Secondhand mar uesi an exertmtion from usme RA ID.
Dealer Transacdons. The exemption will: allow Occasional
Secondhand Dealemuta hes m.az an alternaby .
I. Dealers shall provide to the Tigard submit LhmMWHQWM=4 n ansa -on report
Police Department all required information as set iSDRl form created by the Chief of Polices. The
forth by the Tigard Police Department for each request for this exemption must be mads-in
regulated property transaction (not including writing to the Chief of Police.
sales). The Chief of Police may designate the
format for the transfer of this information and may h The Tigard Police Department will
direct that it be communicated to the Criminal provide all Secondhand Dealers with
Investigations Unit by means of mail,the IntemeL transaction report forms at cast until 60 days after
or other computer media. such time that the Chief of Police directs a change
7.70.9 Code Update. 8109
TIGARD MUNICIPAL CODE
in the repotting method. The Chief of Police may acquisition occurs:-and
specify the format of the transaction report form. Formatted:indent left: OSS•,Rptik:
The Chief of Police tray require that the n Include a description in the• 0.94'
transaction report form include any information RAPID entry of the degree of Formatted:Indent Left 1.r
relating to the regulations of this Chapter. Dealers detail for the type of item as
they utilize their own forms, in lieu of those rmutred in the Administrative
supplied by the Tigard Police Department, if the Policies and Procedures and
Chief of Police has approved such forms. The Tigard Municipal Code 7.70:
Declaration of Proof of Ownership will be and
considered to be included in references in this Formatted:List Perapmrh,left,Indent.FM
Chapter to the transaction report form, as iii Include a digital photomp line: 0.94% No bullets or numbeag,-
appropriate.(Ord.09-07§ 1). of sufficient size and focus to widow/orphan control
identify the item and Formatted:Indent Cert: 1.2•
7.70.090 Regulated Property Sale distinguish it from similar
Limitations, items and that clearly shows
my legible serial number on
I. Regulated property is subject to the the item in the RAPID entry:
following limitations: and
• -- FonnNled:list Paragraph,Left,Indent Fkst
a. Holding Period. Regulated iv Comply with all remaining•„ Ne: O.94', No bullets or mmbekg,
property acquired by any Secondhand Dealer must rmuuemmts in the moo"/�m'tral
be held for a period of 30 full days from the date Administrative Policies and ttraratte h Mart:Rat aha: GAr
of acquisition. Pawnbmker loan transactions are Procedures. Fermented:Indevt:Left 1.2'
elan from the 30-da hold requirements of •--
Pt Y req - Pat rre.9C, Lot Pmas or lib lnAsR:Fkst
Section 7.70.090 because of the redeemable 121 A Dealer may be required to ane: 0.97', No bullets or ear0eYia,
nature of the loans and the holding requirements remstate a 30-dav hold venod if an examination of WbOe/Orphan mntrd
in ORS 726. However,if the loan is converted to RAPID entries reveals a patter of insufficient
a buy by the pawnbmker within 30 days from the item descriptions or insufficient photographs.
date of the pawn transaction, the difference
between the original date of the pawn and the buy c13. Requirements of Held Property.
will count toward the 30-day hold requirement. All held property must remain in the same form as
All other provisions of Section 7.70.090 remain in when received, must not be sold, dismanded or
effort. otherwise disposed of, and must be kept separate
and apart from all other property during the
b. ]he following sections apph io the holding period to prevent theft or accidental sale
hold penod: and to allow for identification and examination by
the Tigard Police Department Held property
11) The hold period for items nay must be kept at the business location where it was~ - - Faemtaa6 ldtaL-R am oar 1
be reduced from 30 days to 20 days if the item ac rare rjjudtn��. temporary event
either displays a complete legible serial number, locan, during this holding period so that it can
or is an item of iewelrv: or is pRcious metal be inspected during normal business hours (as
scrap. The Dealer must: provided in Section 7.70.110). Held property, _
other than property on Police Holl, nay be held- 1 Rrnataaa:hdeit Left 0',NvVmW osr J
i R�ott the�ouisition into the�ouisition into in a place within public view,as long as the other -- �j��t yp�� Lr
RAPID on the on the same day requirements of Section 7.70.090, Subsection Lb, �
7-70-9 Code Update: 8/09
TIGARD MUNICIPAL CODE
are met. dispose of any item of regulated property under
Police Hold at low 10 days prior to doing so.
de. Held property requirements do not
apply if: a. A Police Hold area must meet the
following critarm
(1) The property is received from
a Secondhand Dealer regulated by the City of (1) Located out of public view
Tigard who has already satisfied the holding and aecaR and
requirements of this Chapter and the Dealer
records the original transaction report number on (2) Marked"Police Hold,"and
the transaction report completed for the new
transaction;or (3) Contain only items that have
been put on Police Hold.
(2) If a customer, who originally
purchased property from a Secondhand Dater, b. Dealers may maintain up m three
returns it to that Dealer with the original receipt. Police Hold eras as necessary for the safe storage
of high value items, physically large items, and
2. Notwithstanding Section 7.70.090, the general merchandise put on Police Hold.
Chief of Police may determine that certain types
of a sections pose a reduced risk of being an C. if it is not possible or practical to
outlet for the sale of stolen property and therefore move an item to or store an item in the Police
may modify the hold period and/or reporting Hold area,a Dealer may submit a written request
requirements for those types of transactions to the Chief of Police for approval to keep the
Those transactions and the modified requirements item with other held property. Approval may be
are described in Section 7.70.120. grained with the understanding that the item will
be clearly marked as being on Police Hold and
3. Upon reasonable belief that an item of kept from public view and access.
regulated property is the subject of a crime, any
peace officer rosy provide notice to any Dealer 4. Upon probable cause that an item of
that a specifically described item of regulated property is the subject of a crime, the Chief of
property must be held in a separate Police Hold Police may take physical custody of the item or
arm for a period not to exceed 30 days from the provide written notice to any Dealer to hold such
date of notification, and is subject to the property for a period of time sec determined by the
requirements of Section 7.70.090,Subsection 1.b, Chief of Police or any Tigard police officer.not to
above. The hold may be extended an additional exceed the statute of limitations for the crime
30 days upon notice provided to the Dealer that being investigated. Any property placed on hold
additional time is needed to determine whether a pursuant to this subsection is subject to the
specific item of regulated property is the subject requirements found in Section 7.70.090,
of a crime. The Dealer shall comply with the hold Subsection 1.b, and will be maintained in the
notice and notify the Tigard Police Department Police Hold ea unless seized or released by the
Criminal Investigations Unit of the hold notice no i'rolice. Seizure of property will be carried out in
later than five calendar days from the day the accordance with Oregon Revised Statutes.
notice was received, either by telephone, fax, c-
mail or in person. A Dealer must notify the S. Items held or seized under TMC
Criminal Investigations Unit of his/her intent to 7.70.090, Section 4, may not be released to
7-70-10 Code Update: 8109
TIGARD MUNICIPAL CODE
anyone other than the Dealer unless the urooeninitials, or other identifying marks which have
is released to: been destroyed or are illegible due to obvious
normal use, the Dealer shall continue to hold the
a. Another law enforcement agency property at the business location for a period of 90
that has orovided documentation to the full days after acquisition. The Dealer must notify
satisfaction of the Chief of Police of the stolen the Tigard Police Department by writing "90 day
status of the property:or hold"next to the item on the transaction report or
by an electronic means approved by the Tigard
b. A Person who reported the property Police Department. The held property must
as stolen when all of the following are Presenti conform to all the requirements found in Section
g(id. 7.70.090,Subsection 1.b.
(I) A stolen property recon has If a Dealer receives information that
been filed with a law enforcement agency where leads to an objectively reasonable basis to believe
making an untruthful report is a violation of the that any property already at his/her business
aw,and location has been previously lost or stolen,he/she
(2) A notice has been delivered to must report that belief w the Tigard Police
the Dealer holding the vrooerty or fiom whom the Department by day's end. The notice must
Property was seized. include the transaction repon number and any
additional information regarding the name of the
(t) The notice required by owner,if known.
this subsection will state that the property is being
released to the Person who has filed the stolen 83. If a peace officer emploved by an
Property report. agency other than Tigard seizes any property fiom
a Dealer,the Dealer must notify the Tigard Police
(ii) The notice required by Department of the seizure no later than five
this subsection will be sent electronically with a calendar days from the day the seizure occurs.
request for acknowledgement or delivered in The Dealer most provide the name of the agency,
person to the Dealer at the it or Rhysical the name of the peace officer, the number of the
address shown on the Dealer's Permit application receipt left for the seizure,and the seized property
or most recent permit renewal application, and ro information. Notification to the Tigard Police
the pawner/seller at the address shown in the Department may be given by telephone, fax,
transaction resort required by TMC 7.70. The email,or in person.(Ord.09-07§ 1).
Chief of Police may release property to the owner
after the notice required by this subsection has 7.70.100 Tagg Regulated Property for
been delivered: Proof of receipt of the notice is Identification.
not rcauired.
Dealers shall affix a tag to every item of
(iii) The failure of any person regulated property, which must contain a unique,
to receive the notice required in this subsection legible number. That unique number must either
will not invalidate or otherwise affect the be the same as the transaction report number for
proceedings of this subsection. that item or be referenced to the transaction report
required by the Tigard Police Deparvnem. After
6-5. If a Dealer acquires regulated property the holding period has expired, the transaction
with serial numbers, personalized inscriptions or number must remain identifiable on the property
7-70-11 Code Update: 8/09
TIGARD MUNICIPAL CODE
until the sale of the property. employee or Dealer has been given notice by law
enforcement as having been convicted of
I. After the applicable holding period has burglary, robbery, theft or possession of or
expired, hand tools, or items that are sold with receiving stolen property within the past 10 years
other like items and have no identifiable numbers whether the person is acting in his/her own behalf
or markings need not remain tagged. or as the agent of another who meets the above
criteria;
2. After the applicable holding period has
expired, items that are remanufactured need not b. To receive property prohibited by
remain tagged.(Ord.09-07§ 1). this Chapter,including:
7.70.110 Inspection of Property and (1) Medications,
Records.
(2) Gift cards, in-store credit
Upon presentation of official identification,a cards,or activated phone cards,
Dealer shall allow any representative of the
Tigard Police Department to enter the business (3) Properly with serial numbers,
location to ensure compliance with the provisions personalized inscriptions or initials or other
of Chapter 7.70. The inspection will be for the identifying marks that appear to have been
limited purpose of inspecting the business intentionally altered or rendered illegible;
location,regulated property,and related records as
provided in this Chapter. Except by mutual C. To receive property that a
agreement with the Dealer or by court order, any reasonable person under similar circumstances
inspection under this Section may occur only would believe is more likely than not stolen.
during the Dealer's normal business hours. (Ord. Determination regarding whether or not an item is
09-07§ 1). found to be stolen will not be used as a factor to
determine whether a Dealer has violated this
7.70.120 Prohibited Acts. subsection.
1. It is unlawful for any person regulated 2. Any violation of Chapter 7.70 is
by Chapter 7.70: punishable,upon conviction,by a fine of not more
than S500.00 and a jail sentence of up to six
a. To receive any property from any months.(Ord.09-07§ 1).
person:
7.70.130 Civil Penalties.
(1) Known to the principal,
employee or Dealer to be prohibited from selling I. The Chief of Police may assess civil
by a court order, penalties in an amount up to S500.00 for each
violation of Chapter 7.70.
(2) Under the age of 18 years
unless the person's parent or guardian completes 2. Procedure.
the applicable information on the Declaration of
Proof of Ownership, a. The Chief of Police having made a
determnation to seek civil penalties as provided
(3) About whom the principal, by this Section, shall give the Dealer written
7.70-12 Code Update: 8109
TIGARD MUNICIPAL CODE
notice of the determination. d. If payment of civil penalties has not
been received by the City of Tigard within 10
b. Service of the notice will be business days after the penalty becomes final;or
accomplished by mailing the notice by regular and
certified mail, return receipt requested e. If any statement contained in the
personal service by any sworn member of the application for the permit is false.
Tigard Police Depamnem.
2. The Chief of Police,upon revocation or
c. Mailing of the notice will be prima suspension of my permit issued pursuant to this
facie evidence of receipt of the notice. Chapter,shall give the Dealer written notice of the
revocation or suspension.
d. The civil penalty will be due 4-9-19
days from the date of the notice unless such civil s. Service of the notice will be
penalty is appealed in accordance with Section accomplished by mailing the notice by regular and
7.70.150.(Ord.09-07§ 1). certified mail,return receipt requested.
7.70.140 Revocation or Suspension of b. Mailing of the notice by regular
PeFra' Secondhand Ucaler mail will be prima facie evidence of receipt of the
License. notice.
1. Along with the other regulatory 3. Revocation will be effective and fiml 10
enforcement authority granted under this Chapter, days after the giving of notice unless the
the Chief of Police may,after consulting with the revocation is appealed in accordance with Section
City Council, revoke or suspend any paras 7.70.150
license issued pursuant to this Chapter under the
following conditions: 4. Suspension will be effective
immediately upon the giving of noticei for the
a. For any cause that would be period of time ser in the notice not to exceed 30
grounds for denial of a pemtit;w days.(Ord.09-07§ 1).
b. Upon finding that any violation of 7.70.150 Appeals.
the provisions of this Chapter, federal, state or
other local law has been committed and the 1. Any Dealer or person whose initial
violation is connected with the operation of the application or renewal application for a tree @I
permitted business location so that the person in Inreense—Secondhand Dealer Lcensc has been
charge of the business location knew, or should denied, w whose license has ban revoked or
reasonably have known, that violations or suspended,or who has been directed to pay a civil
offenses were permitted to occur at the location by penalty by the Chid of Police, may appeal the
the Dealer or any principal or employee engaged action of the Chid of Police to the Civil
or employed in the management or operation of Infractions Hearing (Nicer in accordance with
the business location;w Chapter 1.17 of the Tigard Municipal Code.
c. A lawful inspection has been 2. The filing of a notice of appeal of
refused; revocation or suspension of a fiewnithernse,or of
a civil penalty imposed by the Chid of Perlia
7-70-13 Code Updam: 8109
TIGARD MUNICIPAL CODE
under this Chapter,will stay the effective date of
the action until the Civil Infractions Hearing
Officer has issued an opinion.(Ord.09-07§ 1).
7.70.155 Administrative Polities and
Procedmu s
1. The .•.. r...._eil _,._u ____.-� Chief
of Polk*44..ewracxatrte may,by rule,implemm
the reeutremen�and specifications of this chapter
. Administrative
Policies and Procedure; stemmmc from this
Chapwrr, Seettems I mad-FI, will be maintained by
the Tigard Police Department and copies will be
provided to all Dealers
-19 PFI-Sdl W, Se6NOR
. ifeeaueas
1110 PFS'ISMS �W'S AdffHAjStF8t4%@
effew (Ord.09-07§I).■
7-70-14 Code Upd e: &09