Junk, Secondhand, Pawn OrdMEMORANDUM
February 12, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Amendment to City of Dubuque Code of Ordinances:
Chapter 29 - Junk Dealers, Secondhand Dealers and Pawnbrokers
Sections 29-2 & 29-4
Chief of Police Kim Wadding is recommending amendment to Chapter 29 Junk Dealers,
Secondhand Dealers and Pawnbrokers, Sections 29-2 and 29-4 by allowing electronic
record keeping (29-2) and adding record keeping requirements for collectibles,
computers, software and computer accessories, CD's, DVD's, tapes, videos and other
mediums for transmitting images or sounds (29-4).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Police Chief
MEMORANDA
Date: February 11, 2002
Michael C. Van Milligen
City Manager
From: Klm B. Wadding
Police Chief
Amendment to City of Dubuque Code of Ordinances:
Chapter 29 - JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS
Sections 29-2 & 29-4
INTRODUCTION:
The purpose of the memorandum is to request City Council consideration to amend Chapter 29
JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS, Sections 29-2 and 29-
4 by allowing electronic record keeping (29-2) and adding record keeping requirements for
collectibles, computers, software and computer accessories, CD's, DVD's, Tapes, Videos and
other mediums for transmitting images or sounds (29-4).
BACKGROUND:
The City of Dubuque Code of Ordinances Chapter 29 JUNK DEALERS, SECONDHAND
DEALERS AND PAWNBROKERS Ordinance Section 29-2 requires secondhand license
dealers and pawnbrokers to perrnanently record all goods and services received by purchase, as
security or consignment for each transaction on triplicate written forms approved by the Chief of
Police.
Note: Our intent is to enhance this record keeping by allowing this record keeping on an
approved electronic database.
Additionally, the City of Dubuque Code of Ordinances Chapter 29 JUNK DEALERS,
SECONDHAND DEALERS AND PAWNBROKERS Ordinance Section 29-4 identifies those
goods and materials that are required to be recorded.
Note: Our intent is to expand this list to include collectible& computers, software and computer
accessories, CD 's, DVD 's, videos, tapes and other similar mediums of transmitting images or
sounds.
DISCUSSION:
In an effort to update the City of Dubuque Code of Ordinances Chapter 29 JUNK DEALERS,
SECONDHAND DEALERS AND PAWNBROKERS, members of the Dubuque Police
Criminal Investigation Division and Bill Blum, Dubuque's City Solicitor, completed a recent
review of the ordinance. As a result, an amendment to the Dubuque Code of Ordinances Chapter
29 JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKER Section 29-2 is
suggested allowing the license dealer and/or pawnbroker the option of maintaining the required
records on an electronic database in lieu of printed forms. As with the written forms, the
electronic database would first require approval by the Chief of Police before implementation.
Additionally, the City of Dubuque Code of Ordinances Chapter 29 JUNK DEALERS,
SECONDHAND DEALERS AND PAWNBROKER Ordinance Section 29-4 does not require
record keeping for collectibles, computers, software and computer accessories, CD's, DVD's,
videos, tapes and other similar medium of transmitting images or sounds. These items are
commonplace in today's market and are consistent targets for thefts and burglaries. The addition
of these items would aid law enforcement with early detection and provide possible investigative
leads if these items were reported lost or stolen.
RECOMMENDATION:
We would request amending the City of Dubuque Code of Ordinances Chapter 29 JUNK
DEALERS, SECONDHAND DEALERS AND PAWNBROKER, Section 29-2, by permitting
electronic record keeping by Secondhand Dealers and Pawnbrokers with an approved electronic
database. Additionally, we would recommend amending the City of Dubuque Code of
Ordinances Chapter 29 JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKER,
Section 29-4, to require secondhand transactions to add collectibles, computers, software and
computer accessories, CD's, DVD's, Tapes, Videos and other mediums for transmitting images
or sounds to the ordinance.
ACTION REQUESTED:
Request City Council consideration to amend City of Dubuque Code of Ordinances Chapter 29
JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKER, Section 29-2 and
Section 29-4, as submitted.
Ce:
Bill Blum, City Solicitor
Jeanne Schneider, City Clerk
Michael Sullivan, Captain CID
ORDENANCE NO.10-02
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 29-2 PERMITTING ELECTRONIC RECORD
KEEPING BY PAWN SHOPS AND SECONDHAND DEALERS AND
AMENDING SECTION 29-4 TO REQUIRE SECONDHAND TRANSACTIONS
INVOLVING COLLECTIBLES, COMPUTERS, SOFTWARE, COMPUTER
ACCESSORI]~S, CDs, DVDs, TAPES, VIDEOS AND OTHER MEDIUMS FOR
TRANSMITTING IMAGES OR SOUNDS BE INCLUDED IN THE ORDINANCE.
NOW, THEREFORE, BE IT ORDAINED BY THZE CITY COUNCIL OF TFIIE CITY
OF DUBUQUE, IOWA:
Section 1.
read as follows:
Section 29-2 of the City of Dubuque Code of Ordinances is amended to
Sec. 29-2 Required records.
(a)
When goods or materials described in Section 29-4 are received by purchase, as
security or on consignment, it shall be the duty of the person or organization
receiving the goods or materials to permanently record in the English language on
serially numbered, triplicate forms approved by the chief of police. All forms printed
whether used or voided shall be accounted for by the licensee. The forms shall
contain the following information.
(1) Name and address of the person from whom it was received with the means of
identification used, i.e., driver's license, bipth certificate, etc.,;
(2) Date, time and place of the transaction;
(3) A detailed and accurate description of each article received including serial
numbers or identifying marks. In the case of junk, a general description of the
composition of aggregate purchase is sufficient;
(4) A record of whether the transaction was a purchase, a security or consignment
transaction;
(5) A record of monies paid or loaned and which may be maintained separately but
which must be available for inspection in the course of examination of individual
transaction;
(6) A record of name, address and how an article was disposed of, if not redeemed.
This subsection does not apply to disposition of junk;
(7) Alt forms, whether used or not, shall be maintained in numerical sequence.
(b)
All receipts and records pertaining to the receipt of goods and materials as described
in this article shall be open to inspection during regular business hours by any police
officer acting in the course of official duty and under the direction of the chief of
police or the chief investigating officer of the police department.
(c)
Failure to keep such records, or making false entries therein, or refusal to produce the
same when requested by the persons entitled to inspect the same, shall subject the
offender to penalty as provided in section 1-8 of this Code.
(d) Every pawnbroker and secondhand dealer shall make available all such records
immediately upon demand of any Dubuque police officer.
(e)
The chief of police may authorize the records required in this section be maintained in
an electronic database in lieu of printed forms. The chief of police shall approve any
database system prior to its being utilized by a secondhand dealer or pawnbroker.
Section 2.
read as follows:
Section 29-4 of the City of Dubuque Code of Ordinances is amended to
Sec. 29-4. Purchases, security and consignment transactions.
(a) The purchase, receipt as security, or on consignment of the following listed goods or
materials shall be governed by this article:
Household appliances
Sporting goods
Household furniture
Bicycles
Glassware
Untitled motor vehicles
Jewelry
Electronic equipment
Precious and semi-precious stones
Motor vehicle parts and equipment
Silver/silverware
Photographic/video parts and equipment
Precious metals and coins
Stereo equipment
Lawn and garden tools, equipment and furnishings
Radio equipment
Television equipment
Rare books
Tools
Works of art
Junk
Computers, sof~ware and computer accessories
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CDs, DVDs, videos, tapes and other similar mediums of transmitting
images or sounds
Collectibles
(b) Antique, used or scrap jewelry and precious metals shall be retained in the local place
of business and it shall be unlawful to change the form of said items by melting,
remounting, cutting up or otherwise changing the form of said items for a period of
one hundred twenty (I 20) hours from the time of said transaction.
(c) The following listed items shall be exempt from the provisions of this article:
Beverage containers and scrap paper.
Section 3, This Ordinance shall take effect upon publication.
Passed, approved and adopted this 18th day of February ,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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