HomeMy WebLinkAboutORD 3780 • Amended by ORD 4462
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CITY OF RENTON, WASHINGTON
ORDINANCE NO . 3780
AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON
REPEALING AND RE-ENACTING PORTIONS OF THE
PROVISIONS OF CHAPTER 15, TITLE V (BUSINESS
REGULATIONS) OF ORDINANCE NO. 1628 ENTITLED "CODE
OF GENERAL ORDINANCES OF THE CITY OF RENTON"
RELATING TO SECONDHAND DEALERS AND PRESCRIBING
PENALTIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS
FOLLOWS :
SECTION 1 : Existing Sections 5-1501 and 5-1505 through 5-1511
of Title V (Business Regulations) of Ordinance No. 1628 entitled
"Code of General Ordinances of the City of Renton , are hereby
repealed and re-enacted as Chapter 31 , Title VI (Police
Regulations) , as follows :
CHAPTER 31
SECONDHAND DEALERS
6-3101 Definition:
(A) Secondhand Dealer : Any business that , within the
City , shall engage in the purchase , sale , trade , barter or
exchange of those secondhand or used items which are in a high
theft risk category; PROVIDED HOWEVER, that a duly franchised
large appliance dealer , furniture dealer , auto parts and
accessory dealer, service station, auction, wrecking yard and
junk dealer, shall not be considered to be a second hand dealer
for the purpose of this Section as long as such business holds a
valid license for such designated activity in compliance with
the laws of the City of Renton , and maintains records of
transactions involving secondhand or used items which are in a
high theft risk category in substantial compliance with the
requirements of this Section. Furthermore , any business , firm ,
corporation, partnership or association, otherwise duly licensed
in the City as a business , that only occasionally and not as
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part of its regular business activities , accepts "trade-ins"
upon purchase of new goods or merchandise , shall not be required
to comply with the terms of this Chapter as long as such
secondhand dealer has reasonable grounds to believe that such
"trade-in" is the lawfully acquired or owned property of the
person offering same .
(B) High Theft Risk: Secondhand or used items which are
in a high theft risk category shall include, but shall not be
limited to: firearms , small appliances , stereo components , tape
decks, CB radios, portable radios, electronic video components ,
televisions and bicycles which are identifiable by serial
number , make , model , marks or characteristics .
6-3102 Required To Keep Records :
(A) It shall be the duty of every secondhand dealer to
maintain, at his place of business , a bound book in which shall
be legibly written in ink, in the English language , at the time
of such exchange , purchase or sale, a record thereof containing
the following, among others :
( 1 ) The date of the transaction.
(2) The name of the business or employee conducting
the same .
(3 ) The name , date of birth, correct current address
and the general description of the person with whom the
transaction is made . The description shall include , the
sex, race , height and weight of such person .
(4) The name and street and house number of the
owner of the property bought or exchanged .
(5) The description of the property bought ,
exchanged or traded , including all serial numbers and
identifying markings, which, in the case of watches , shall
contain the name of the maker and the number of both the
works and the case , and in the case of jewelry shall
contain the description of all letters and marks inscribed
thereon.
(6 ) The price paid for each item purchased or
exchanged .
(B) It shall be unlawful for any secondhand dealer, his
agent , employee , or representative of such secondhand dealer to
fail , neglect or refuse to make entry of any material matter in
this record, as required by this Section, or to make any false
entry therein , or to obliterate , destroy or remove from his
place of business any such record.
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(C) Anyone who sells , consigns , or exchanges any property
to or with a secondhand dealer as hereinabove defined , shall
sign the record required to be kept by such dealer with his true
name and shall include his correct current residence address;
every secondhand dealer, his agent, employee or representative ,
shall require identification of such person in each instance .
Such identification shall include the name of the person, birth
date , sex , race and current address of the person who sells ,
consigns or exchanges the property . The signature shall be
verified for correctness and legibility by such secondhand
dealer, his agent , employee or representative .
6-3103 Time Limit; Holding Item Required:
(A) It shall be unlawful for any secondhand dealer, his
agent, employee or representative , to remove any goods , articles
or things purchased by him or left with him from his store or
place of business until the expiration of ten ( 10) days after
the same was purchased or received unless said goods , articles
or things have , within said time period , been inspected and
approved for release by the Police Department . Likewise , for
good cause shown, and while any investigation is pending, the
Police Department may require the secondhand dealer to hold said
item for more than said ten ( 10) day period but not to exceed
thirty ( 30 ) days . This subsection shall not apply to those
transactions between secondhand dealers licensed pursuant to
this Section, and in which the selling secondhand dealer has
held the item for thirty ( 30) days , or more .
(B) It shall be unlawful for any secondhand dealer, his
agent, employee or representative to purchase or exchange any
article or thing from any person under eighteen (18 ) years of
age, or from any person who is at the time intoxicated , or from
any habitual drunkard or from any person addicted to the use of
narcotic drugs, or from any person who is known to be a thief,
or a receiver of stolen goods , or from any person whom he has
reason to suspect to believe to be such . Notification by the
Police Department unto such secondhand dealer, his agent ,
employee or representative, that a person has been convicted of
burglary, larceny or receiving stolen goods , shall constitute
sufficient notice of such convictions under the provision of
this Section and shall be prima facie evidence that the
secondhand dealer, his agent , employee or representative , has
due notice thereof .
6-3104 Restrictions : It shall be unlawful for any secondhand
dealer , his agent , employee or representative to conduct any
transaction involving a high theft risk item with any person under
eighteen ( 18 ) years of age , or from any person who is at the time
intoxicated , or from any habitual drunkard , or from any person
addicted to the use of narcotic drugs , or from any person who is
known to be a thief, or a receiver of stolen goods, or from any
person whom he has reason to suspect or believe to be such .
Notification by the Police Department unto such secondhand dealer,
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his agent , employee or representative , that a person has been
convicted of burglary, larceny or receiving stolen goods , shall
constitute sufficient notice of such conviction under the provision
of this Section , and shall be prima facie evidence that the
licensee, his agent , employee or representative has due notice
thereof .
6-3105 Daily Transcript :
( A) It shall be the duty of every secondhand dealer to
report to the Chief of Police , or his duly authorized
representative , prior to twelve o' clock ( 12:00) of every
business day, on forms furnished by the City, a full, true and
correct transcript of the record of all transactions had on the
preceding business day. It shall further be the duty of such
secondhand dealer , having good cause to believe that any
property in his possession has previously been lost or stolen ,
to promptly report such facts , together with all pertinent
evidence, to the Police Department , together with the name of
the owner , if known , and the date received and name of the
person from whom the same was received by such secondhand
dealer.
(B) Every secondhand dealer , his agent , employee or
representative who shall fail , neglect or refuse to make such
report , or who shall falsely report any material matter to the
Police Department shall be guility of a violation of this
Section.
6-3106 Records To Be Open For Inspection: All books , writings and
other records of any secondhand dealer pertaining to the purchase ,
exchange , barter, sale or receipt of any goods, wares, merchandise
or other articles or things of value, shall at all reasonable times
be open for inspection by the Chief of Police , or his duly
authorized representative, which inspection shall include all
storage areas and all articles or things received , purchased or
exchanged and stored with said secondhand dealer.
63107 Penalty: Any firm, person or corporation violating any
provisions of this Chapter shall, upon conviction, be guilty of a
misdemeanor and be fined by a sum not exceeding five hundred
dollars ($500.00) or be confined to the City Jail for a period up
to ninety (90) days , or both such fine and imprisonment .
SECTION 2: If any section, subsection, sentence, clause , phrase
or portion of this Ordinance is for any reason held to be invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed to be a separate, distinct and independent
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provision and such decision shall not affect the validity of the
remaining portions of this Ordinance .
SECTION 3: Existing Sections 5-1501 and 5-1505 through 5-1511 ,
Title V (Business Regulations) of the City Code are hereby
repealed.
SECTION 4: This Ordinance shall be in effect upon its passage ,
approval and thirty (30) days after publication.
PASSED BY THE CITY COUNCIL on December 19th , 1983 .
Maxine E. Motor , City Clerk
APPROVED BY THE MAYOR on December 1 th , 1983.
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Barbara Y. Shinpoch, Mayor
Approved as to form:
Lawrence J. W renes"
City Attorney
Date of Publication: December 26, 1983 (Summary Form)
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