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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 2 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 3