Loading...
Ordinance No. 18-15 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- /5- AN AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.70 TO DELEI'L REFERENCES TO RAPID AS THE CITY'S RECORDKFEPING SYSTEM FOR SECONDHAND DEALERS WHEREAS,Tigard Municipal Code Chapter 7.70 regulates secondhand dealers and transient merchants;and WHEREAS, the Code currently requires secondhand dealers to enter certain transactions into the Northwest Regional Automated Information Database (RAPID);and WHEREAS, the Tigard Police Depaittllent wishes to change vendors from RAPID to a product that offers more functionality and capability to investigate criminal activity, thereby requiring that TMC 7.70 be updated to allow for a new recordkeeping system. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 7.70 of the Tigard Municipal Code as shown in the attached Exhibit "A" (additional language is shown in underline and deleted text is shown in striket4retigh)• 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 1j/ 41-07�ltQwote of all coun . members present after being read by number and title only, this AO/1-day of ,2018. Carol A. Krager, City Recorder le APPROVED: By Tigard City Council this /l/ day of ,2018. Cjas S i er,Council President Approved as to form: r (......„--- City Attorney -/ 1o1Jct. Date ORDINANCE No. 18- / 3 Page 1 TIGARD MUNICIPAL CODE Excerpts from C. "Business location" means any physical Chapter 7.70 SECONDHAND DEALERS location where the dealer conducts business. AND TRANSIENT MERCHANTS D. "Chief of police" means the chief of the Tigard Police Department or his/her designee. 7.70.010 Definitions E. "Criminal arrests or a conviction" refers As used in this chapter, unless the context to any offense defined by the statutes of the State requires otherwise: of Oregon or ordinances of the City of Tigard, unless otherwise specified. Any arrest or A. "Acceptable identification"means either conviction for conduct other than that denoted by a current driver's license, a State of Oregon the statutes of the State of Oregon or ordinances Identification Card issued by the Department of of the City of Tigard, as specified herein, will be Motor Vehicles, or two current United States, considered to be equivalent to one of such state, or local government-issued identification offenses if the elements of such offense for which cards, one of which has a photograph of the seller. the person was arrested or convicted would have Transactions which are accompanied by a constituted one of the above offenses under the thumbprint require only one current United States, applicable Oregon statutes or City of Tigard state, or local government-issued identification ordinance provisions. card which has a photograph of the seller, or a current passport from any country. F. "Dealer"or"secondhand dealer" B. "Acquire" means to take or transfer any 1. Means any: interest in personal property in a voluntary transaction, including but not limited to: sales; a. Sole proprietorship, partner- consignments; memoranda between a dealer and a ship, limited partnership, family limited partner- private party seller; leases; trade-ins; loans; and ship,joint venture, association, cooperative, trust, abandonments. "Acquire" also means to take or estate, corporation, personal holding company, transfer any interest in precious metals, in a limited liability company, limited liability voluntary transaction, for the purpose of partnership or any other form of organization for refinement. Any acquisition of regulated property doing business and that either: by a dealer will be presumed to be an acquisition on behalf of the secondhand dealer business. i. Acquires regulated Notwithstanding the foregoing, "acquire"does not property at or from business locations within the include: City of Tigard, or on behalf of such a business regardless of where the acquisition occurs,or 1. Any loans made in compliance with state laws by persons licensed as ii. Offers for sale regulated pawnbrokers by the State of Oregon;or property. 2. Memoranda between a secondhand b. Pawnbroker licensed under the dealer and a person engaged in the business of Oregon Pawnbroker's Act, ORS 726.040 et. seq. selling regulated property. 726.020, 726.990. TIGARD MUNICIPAL CODE 2. Dealers that acquire or offer for in treating or caring for ailments and/or conditions sale not more than 50 items of regulated property in humans or animals. in any one-year period will be categorized as an "occasional secondhand dealer." The term J. "New" means anything eefispietteusly "dealer" in this chapter and all regulations herein not used. refer to secondhand dealers, occasional secondhand dealers and pawnbrokers unless K. "Pawnbroker" means any business specifically stated otherwise. required by Oregon Revised Statute 726.040 to hold an Oregon pawnbroker's license. 3. "Dealer"does not include: Pawnbrokers are required by Chapter 7.70 to have a secondhand dealer permit. As a dealer, all a. A business whose acquisitions transactions occurring within their business of regulated property consist exclusively of (loans, buys, or consignments) are subject to all donated items and/or purchases from 501(C)3 requirements within this chapter unless otherwise organizations;or stated. b. A person whose only business L. "Person"means a natural person. transactions with regulated property in the City of Tigard consist of the sale of personal property M. "Principal" means any person who will acquired for household or other personal use; or be directly engaged or employed in the management or operation of the secondhand c. A person whose only business dealer business, including any owners and any transactions with regulated property in the City of shareholders with a five percent or greater interest Tigard consist of a display space, booth, or table in the company. maintained for displaying or selling merchandise at any trade show, convention, festival, fair, N. "Receive" means to take property into circus, market, flea market, swap meet or similar the inventory,possession,or control of a dealer. event for less than 14 days in any calendar year. O. A"registered business"must be: G. "Held property" means any regulated property that cannot be sold, dismantled or 1. Registered with the Secretary of otherwise disposed of for a prescribed period of State Corporate Division or its equivalent in the time as more specifically enumerated in Section state where the business is located;and 7.70.090. 2. In compliance with the City of H. "Investment purposes" means the Tigard business license registration requirements. purchase of personal property by businesses and the retention of that property in the same form as P. "Recordkeeping system" means the purchased, for resale to persons who are program designated by the chief of police as the purchasing the property primarily as an secondhand dealer transaction recordkeeping investment. system. I. "Medication" means any substance or 2P."Regulated property" means property of preparation, prescription or over-the-counter, used a type that has been determined by the chief of police to be property that is frequently the subject TIGARD MUNICIPAL CODE investigations unit by means of mail, the Internet, relating to the regulations of this chapter. Dealers or other computer media. may utilize their own forms, in lieu of those 1. In any such case that the chief supplied by the Tigard Police Department, if the directs that the information be transmitted via chief of police has approved such forms. The computer media, the chief may also direct the declaration of proof of ownership will be system that will be utilized in order to ensure considered to be included in references in this conformity among all secondhand dealers. All chapter to the transaction report form, as secondhand dealers shall enter their transactions appropriate.(Ord. 14-11 §1;Ord. 09-07§1) into RAPID, Tigard's designated the city's reporting recordkeeping system. 7.70.090 Regulated Property Sale 2. If, after establishing the format and Limitations requirements for the transmission of computerized reports of transactions,the chief of police alters the A. Regulated property is subject to the required format, dealers will be given at least 60 following limitations: days to comply with the new format requirements. If unable to implement the reporting system before 1. Holding Period. Regulated property the deadline, a dealer must submit a written acquired by any secondhand dealer must be held request for additional time to the chief of police for a period of 30 full days from the date of before the deadline. acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of 3. Pawnbrokers are required to report Section 7.70.090 because of the redeemable only new transactions. Loan renewals do not need nature of the loans and the holding requirements to be reported. in ORS 726. However, if the loan is converted to a buy by the pawnbroker within 30 days from the B. The following apply to occasional date of the pawn transaction, the difference secondhand dealers: between the original date of the pawn and the buy will count toward the 30-day hold requirement. 1. Occasional secondhand dealers All other provisions of Section 7.70.090 remain in may request an exemption from using RAPID effect. the recordkeeping system. The exemption will allow occasional secondhand dealers to, as an 2. The following sections apply to the alternative, submit their transactions on hold period: transaction report forms created by the chief of police. The request for this exemption must be a. The hold period for items may made in writing to the chief of police. be reduced from 30 days to 20 days if the item either displays a complete legible serial number; 2. The Tigard Police Department will or is an item of jewelry; or is precious metal provide all occasional secondhand dealers with scrap.The dealer must: transaction report forms at cost until 60 days after such time that the chief of police directs a change i. Report the acquisition in the reporting method. The chief of police may into RAPID the recordkeeping system on the specify the format of the transaction report form. same day the acquisition occurs; The chief of police may require that the transaction report form include any information TIGARD MUNICIPAL CODE of theft, including new items as defined in this section as well as used items such as precious 1. Engaged in the business of metals, precious gems, watches, sterling silver, purchasing or acquiring regulated property from electronic equipment, photography equipment, business locations within the City of Tigard; tools, musical instruments and cases, firearms, sporting equipment, and household appliances. In 2. Engaged as an itinerant or order to enhance the police department's ability to temporary business under the provisions of the reduce property crimes and recover stolen goods, Tigard Municipal Code,Chapter 5.04;and a list of regulated property may be included in the administrative policies and procedures, and shall 3. Engaged in the business of be updated by the chief of police. A copy will be purchasing such regulated property from any kept on file in the Tigard Police Department. person not representing a business which is peliee-depeftment. required to be issued a business license or special certificate under Chapter 5.04 of the Tigard R.Q."Remanufactured" means that an item Municipal Code, and who appears with such has been altered to the degree that the main articles at the dealer's place of business. components are no longer identifiable as the original item. W. "Used" means anything that has been put into action or service. S.R. "Seller"means any person who: W. "PPDS" (Portland Police Data System) 1. Offers items of regulated property means the computerized record keeping system in exchange for money or other property; or as •- •_ : ': . - !-:. -; • . ' ' - . collateral for a loan; or data, including, but not limited to, secondhand dealers' transaction reports, and includes the 2. Donates or abandons items of RegJIN record keeping system. regulated property. X. "RAPID" (Northwest Regional T.S. "Trade show" means an event open to Automated Information Database) means the the public, held in a venue other than a dealer's computerized, web based record keeping system business location, at which vendors of a specific •• •_ . : '- ! _ . ' ' - - •-: -.:- type of merchandise may exhibit, buy, sell, or :. .. _ . - . - . trade items that may include regulated property. report(Ord. 14-11 §1;Ord. 09-07§1) Events commonly known as flea markets or 7.70.080 Reporting of Secondhand swap meets, in which goods of many types are Dealer Transactions exhibited, sold or traded, are not considered trade shows for the purpose of this chapter. A. Dealers shall provide to the Tigard Police Department all required information as set U.T."Transaction report" means the record forth by the Tigard Police Department for each of the information required by Section 7.70.080, regulated property transaction (not including transmitted to the Tigard Police Department by sales). The chief of police may designate the the means required in Section 7.70.080. format for the transfer of this information and may direct that it be communicated to the criminal V.W"Transient merchant"means any person: TIGARD MUNICIPAL CODE ii. Include a description in the RAPID recordkeeping system entry of the degree of detail for the type of item as required in the administrative policies and procedures and Tigard Municipal Code Chapter 7.70; iii. Include a digital photograph of sufficient size and focus to identify the item and distinguish it from similar items and that clearly shows any legible serial number on the item in the RAPID recordkeeping system entry; and iv. Comply with all remaining requirements in the administrative policies and procedures. b. A dealer may be required to reinstate a 30-day hold period if an examination of RAPID the recordkeeping system entries reveals a pattern of insufficient item descriptions or insufficient photographs.