HomeMy WebLinkAbout2838 OrdinanceORDINANCE NO. 'nS'
AN ORDINANCE concerning business licensing regulations for pawnbrokers
and second-hand dealers, and amending Chapter 5 12 of the Pasco
Mumcipal Code
WHEREAS, Chapter 19 60 RCW regulatmg pawnbrokers and second-hand dealers
has been significantly modified by Chapter 323, Laws 1991, and
WHEREAS, the City Council has determined upon staff recommendation that
the city's regulation of pawnbrokers and second-hand dealers should be consisent
with and not conflict with state regulation, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
§1. Chapter 5 12 of the Pasco Municipal Code is hereby amended
(additions are indicated by underlmmg, deletions by strikeout) as follows
CHAPTER 5 12
PAWNBROKERS AND SECOND-HAND DEALERS
Sections
5 12 010
5 12 012
5 12 014
5 12 020
5-4-2-030-
5 12 040
5 12 045
5 12 050
5 12 055
5 12 060
5 12 061
5 12 066
5 12 085
Definitions
License required - fee
Fixed place of busmess required
Duty to record transactions
Daily-report-to-police-
Retention-of-property- Daily report to police
Duties upon notification that property is reported to be
stolen
Offenses-P-enalty- Retention of property by pawnbrokers -
inspection
Retention of property by second-hand dealers - mspection
Lteerise-fee- Rates of mterest and other fees - sale of
pledged property
Pawnbrokers - sale of pledged property limited - written
documents required for transactions
Prohibited acts - penalties
Conditional Sales Practices Prohibited
5 12 010 DEFINITIONS Unless the context clearly requires
otherwise, the definitions in this section apply throughout this chapter
(1) Melted metals means metals derived from metal junk or precious
- 1 -
metals that have been reduced to a melted state from other than ore or
ingots which are produced from ore that has not previously been
processed
(2) Metal junk means any metal that has previously been milled,
shaped. stamped, or forged and that is no longer useful in its ongmal
form, except precious metals
(3) Non-metal junk means any non-metal, commonly disgarded item that
is worn out, or has outlasted its usefulness as intended in its ongmal
form except non-metal junk does not include an item made m a former
•enod which has enhanced value because of its a e
(4) Pawnbroker means every person engaged, in whole or in part, m the
business of loaning money on the security of pledges, of personal
property. or deposits, or conditional sales of personal property, or the
purchase or sale of personal property
(5) Precious metals means gold, silver, and platinum
(6) Second-hand dealer means every person engaged in whole or m part
in the business of -burn purchasing,. OF sellmg, trading, consignment
selling, or otherwise transfemng for value, second-hand personal
property, including metal junk, or- melted metals, precious metals, whether
or not the person maintains a fixed place of business within the state
Second-hand dealer also includes persons or entities conducting business
at flea markets or swap meets, more than three times per year
(7) Second-hand property means any item of personal property offered
for sale which is not new includin metals in an form exce it • osta e
stain s coins that are le al tender bullion in the form of fabricated
hallmarked bars, used books, and clothing of a resale value of
seventy-five dollars or less, except furs
(8) Transaction means a pledge. or the purchase of. or consignment of,
or the trade of any item of personal property by a pawnbroker or a
second-hand dealer from a member of the general public
(9) Term of the loan as defined in this chapter shall be set for a
period of thirty days to include the date of the loan
5 12 012 LICENSE REQUIRED - FEE The license fee for each
pawnbroker and second-hand dealer shall be one---liundred---fifty--flollars
Two Hundred Fifty Dollars ($250 00) per year, plus the square footage
charges and outside area charges as set forth m Chapter 5 04 of the
Pasco Municipal Code No person shall do business in the city as a
pawnbroker or second-hand dealer without first obtaining a license
therefor from the city and paying the above license fee
5 12 014 FIXED PLACE OF BUSINESS REQUIRED No person may
operate as a pawnbroker unless the person maintains a fixed place of
business within the city or State of Washington
5 12 020 DUTY TO RECORD TRANSACTIONS It shall be the duty of
every pawnbroker and second-hand dealer doing busmess in the city to
- 2 -
maintain m his place of business a book or other permanent record in
which shall be legibly wntten in the English language, at the time of
each transaction.-lean r -purohase-or-sule ; a record thereof containing
(4-)-The4ate-of4ranseettea r
(2)- The-name-of -the-person-or-emplo-yee-c-enduettrig4he-same ;
(3)--T-he-name ;-age r -street-and-house-nurnber T -and-a-general-desempnon
of-the-dr-ess-,--compleydon r -c-olof-of-hatr-r -and-feetal-appearanee-of-the
person-with-whern-the-transactten-s-had,
(4)--The-name and-street -and house -nutnbeF of-the-owner -of -the -property
bought-oFfeeetved-in-pledge ;
(5)--The-street-and-house-nutn13er-of-the-plaee-from-whteh-the-property
bought-oFfeeetved-ta-pledge-was-lastfetnoved 7
(6)--A-desertptton-of--the-property-bought-or-reoetved-m-pledge ;-whteh
tn-41te-ease-of-a-watc-h-shall-eontain-the-name-ef-the-rnaker-and-the-numbef
of-both-the-works-and-the-case r -anfl-tn-the-ease-nf-jewelry---shall-eontain
a-deseriptton-of-all-letters--and-ntarks-insertbed--thereon i --providedT -that
when--the-ar-ttole--bought-or--reeetved--ts--furnnure i -or-the-eontents-of-uny
house-or-r-oorn-aotually-tnspeoted- on-the-prennses-,-a-general-reeord-of-the
transaetton-shall--be-suffietent i
(7)--The-prtee-pat4o4he-amount-loane4,
(8)--The-names-and-street--and-house-numbers-of-all-persons-wttnessing
thetranseetion,-
(9)--The-number-of-any-pawn-neket-fssued-therefor Such-record-of
all-goods--reeetved-shall-at-all-tunes--he--epen--to-the-inspeetion-of-the
law-enforc-ernent-offieers-of-the-etty-and-Fran1din-County-
(1) The signature of the person with whom the transaction is made,
(2) The date of transaction,
(3) The name of the person or employee or the identification number of
the person or employee conducting the transaction, as required by the
Chief of Police,
(4) The name, date of birth, sex, height, weight, race, address and
telephone number, of the person with whom the transaction is made,
(5) A complete description of the property pledged, bought or
consigned, including the brand name, serial number, model number by name,
any initials, or engravings, size, pattern, and color of stone or stones,
and in the case of firearms, the calliber, barrel length, type of action,
and whether it is a pistol, nfle, or shotgun,
(6) The price paid or the amount loaned,
(7) The type and identifying number of identification used by the
person with whom the transaction was made, which shall consist of a valid
driver's license or identification card issued by any state, or two
pieces of identification issued by a governmental agency. one of which
shall be descnption of the person identified At all times, one piece
of current government issued picture identification will be required
(8) The nature of the transaction, a number identifying the
transaction, the store identification as designated by the Pasco Police
Department, or the name and address of the business and the name of the
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erson or em lo ee conductin the transaction and the location of the
property,
(9) The street and house number of the place from which the property
bou ht or received in iled e was last removed
Such record of all goods received shall at all times be open to the
inspection of the law enforcement officers of the city and Franklin
County
532-030- DAILY---REP-ORT---TO---POLIGE----paw-nbrokep-and
sec-endhand--dealer---domg--business---in--the--ofty--shall-,--before--noen---ef--each
elnef--of--polic-e--may---provide-4herefor i --a---full r --troe---and--eofreet---trensompt
of -the- fecal -4 of -all- 4r-ansaetiens had- on- the preeedffig day s and- -having
good---eause---to---beheve---that---an-y---property--in—ht&--pes-sesston---has---been
elnef--ef--pahee r -togetheF--with--the--name--of--the---owner r --if--known7 --and--the
date-when T -and-the-naine--of--the-person--from--whom-the-s-ame--was-reee-ived-43-y-
Inn}
5 12 040 RET-ENT-10-14--0E--F'R-OPERTY DAILY REPORT TO POLICE
No-propekty--hought-oF-rec-eived--m--pledge--hy-any--pawnbroker--or--secondhand
dealer--shall--be--feinoved--from--his--place--of-bus-iness-;--exoept--wheri--redeeined
by--the----ownef--thereof ;----win--fouF--days----after--the--Fempt--thereef--shall-
have--been—reported---to—the—ohief---of---pehee---as---herein---provided- (1)
Upon request. every pawnbroker and second-hand dealer doing business in
the state shall furnish a full, true, and correct transcnpt of the
record of all transactions conducted on the preceding date These
transactions shall be recorded on such forms as may be provided in such
format as may be required by the Chief of Police within a specified time
not less than twenty-four hours This mformation may be transmitted to
the Pasco Police Department electrorucally, by facimile transmission, or
by modem or similar device, or by delivery of computer disks subject to
the requirements of, and approval by, the Chief of Police
(2) If a pawnbroker or second-hand dealer has good cause to believe
that any property m his or her possession has been previously lost or
stolen, the pawnbroker or second-hand dealer shall promptly report that
fact to the Chief of Police, together with the name of the owner, if
known, and the date when, an the name of the person from whom it was
received
4
5 12 045 DUTIES UPON NOTIFICATION THAT PROPERTY IS
REPORTED STOLEN Following notification from a law enforcement agency
that an item of property has been reported as stolen, the pawnbroker or
secondhand dealer shall hold that property intact and safe from
alteration, damage or commingling The pawnbroker or second-hand dealer
shall place an identifymg tag or other suitable identification upon the
property so held Property held shall not be released for one hundred
twenty days from the date of police notification unless release by
wntten consent of the Pasco Police Department or by order of the a court
of competent junsdiction In cases where the Pasco Police Department
has placed a verbal hold on an item, the police department must then give
wntten notice within ten business days If such written notice is not
received withm that penod of time, then the hold order will cease The
pawnbroker or second-hand dealer shall give a twenty-day written notice
before the expiration of the one hundred twenty-day holding penod to the
Pasco Police Department about the stolen property If notice is not
given within twenty days. then the hold on the property shall continue
for an additional one hundred twenty days The Pasco Police Department
may renew the holding period for additional one hundred twenty-day
periods as necessary After the receipt of notification from a pawn-
broker or second-hand dealer, if an additional holding penod is
required, the applicable law enforcement agency shall give the pawn-
broker or second-hand dealer wntten notice, prior to the expiration of
the existm hold order The Pasco Police De artment shall not slace on
hold any item of personal property unless the Pasco Police Department
reasonably suspects that the item of personal property is a lost or
stolen item Any hold that is placed on an item will be removed as soon
as practicable after the item on hold is determined not to be stolen or
lost
542-050- OFFENSES P-ENAL-TY Every -pawnbroker -or--seeondhand-
dealerl ---and---every---olerk i ---agent---or---enaployee---of---sueh---pawnbroker---or
sec-ondhand dealer, who-shall
reoor4-keptns-provided-foFifiSee4ton--542-0-30-,
(2)--M-ake-any-false-entry-therein i -or-,
(3)-----Falstly T --obliterate T --destroy--or—rernove--from---hi-s--plac-e--of--basmess-
sueh400k-oFrecord r0F T
e-oanty--to--inspeet.--the--sarne r --or--any---goods--4n--hts---possesston i —durtng--the-
ordknafy-hours--of-business T or T
(5)--Report-any-rnatertal-matter-falsely4o-the-olnef-ofpohee r orr
transenpt--of--the--reoord---of--41---tr-ansaenens--had---on---the--previous---da-y 7 --4
being--the--mtent--of--this---seetion--that--Satur-dayls--busmess--rna-y--be--reported
on-Monday T -or T
- 5 -
(7-)-----Fail—to—report—forthwith—to—the—ehief—of—police—the---possession—of
any—property which- he -may -have- good -cause- to -believe has -been- best- OF
stolen-r -together—with—the—name—of—the—person—from—whom—the—same—was
(8)----R-emove,--er—allow—to--be—removed—froin-hts-place-of-business—eirc-ept
upon -redemption- by the owner -thereof, -any -propert-y -received, within fouf
days---after—the—receipt---thereof—shall—have---been---reported---to—the—e-hief—of
polieerorl
(9)- Rec-ewe -any -proper4-y 4Fefri- any- -person- under -the- age- of .eighteen
earr-y—con---drunkard--any—haa--ue—of—cotic---drugs—any
associate---of---such---thief---or---receiver---of---stolen—property,---whetheP—such
person-heactm-g-m-his-own-behalf or as-the agent-of-another-another
Is-guilty-of-a-misdemeanor-
RETENTION OF PROPERTY BY PAWNBROKERS -
Pro • ert bou ht or received b an • awnbroker shall not be
that place of business except when redeemed by, or returned
within thirty days after the receipt of the property The
ro at all times dunn the ordmar hours of business b o en
to inspection to any commissioned law enforcement officer of the state or
any of its political subdivisions
5 12 055 RETENTION OF PROPERTY BY SECOND-HAND
DEALERS - INSPECTION (1) Property bought or received on consignment by
any second-hand dealer with a permanent place of business in the city
shal not be removed from that place of business, except consigned
property returned to the owner, within thirty days after the receipt of
the property Property shall at all times dunng the ordmary hours of
busmess be open to inspections to any commissioned law enforcement
officer of the state or any of its political subdivisions
(2) Property bought or received on consignment by any second-hand
dealer without a permanent place of business within the city, shall be
held within the city, except consigned property returned to the owner,
within thirty days after receipt of the property The property shall be
available within the city for inspection at reasonable times by any
commissioned law enforcement officer of the state or any of its political
subdivisions
5 12 060 LICENSE-FEE, RATES OF INTEREST AND OTHER FEES
- SALE OF PLEDGED PROPERTY RCW 19 60 060, as amended from time to
time, is incorporated herein by this reference as if specifically set
forth
5 12 061 PAWNBROKERS - SALE OF PLEDGED PROPERTY
LIMITED - WRITTEN DOCUMENTS REQUIRED FOR TRANSACTIONS
(1) A pawnbroker shall not sell any proprty received m pledge, until
5 12 050
INSPECTION
removed from
to the owner,
ert shall
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both the term of the loan and a grace period of a mimmum of sixty days
has expired However, if a pledged article is not redeemed within the
mnety-day penod of both the term of the loan and the grace penod, the
pawnbroker shall have all rights, title and interest of that item of
personal property The pawnbroker shall not be required to account to
the pledgor for the proceeds received from the disposition of that item
Any provision of law relatmg to the foreclosures and the subsequent sale
of forfeited pledged items, shall not be applicable to any pledge as
defined under this chapter, the title to which is transferred in
accordance with this section
(2) Every transaction entered into by a pawnbroker shall be evidenced
by a written document, a copy of which shall be funushed to the pledgor
The document shall set forth the term of the loan, the date on which the
loan is due and payable, and shall inform the pledgor of the pledgor's
right to redeem the pledge within sixty days after the expiration of the
loan term
5 12 066 PROHIBITED ACTS - PENALTIES It is a gross misdemeanor
for
(1) Any person to remove, alter, or obliterate any manufacturer's
make, model, or senal number, personal identification number, or
identifying marks engraved or etched upon an item of personal property
that was purchased, consigned, or received in pledge In addition an
item shall not be accepted or a pledge for second-hand purchase where the
manufacturer's make, model, or serial number, personal identification
number, or identifying marks engraved or etched upon an item of personal
property has been removed, altered, or obliterated,
(2) Any person to knowingly make, cause or allow to be made any false
entry or mistatement of any material matter in any book, record, or
writing required to be kept under this chapter,
(3) Any pawnbroker or second-hand dealer to receive any property from
any person under the age of eighteen years, any person under the
influence of intoxicating liquor or drugs, or any person known to the
awnbroker or second-hand dealer as ham been convicted of bur lary,
robbery, theft, or possession of or receiving stolen property within the
past ten years whether the person is acting in his or her own behalf or
as the agent of another, or
(4) Any person to violate knowingly any other provision of this
chapter
5 12 085 CONDITIONAL SALES PRACTICES PROHIBITED A
purchase of personal property shall not be made on the condition of
seb_i mg it back at a Ai sulated time and rice eater than the surchase
price, for the purpose of avoiding the mterest and fee restrictions of
this chapter
7
§2. This orduiance shall take effect five (5) days after passage and
publication
PASSED by the City Council and APPROVED by the Mayor this
day of October, 1991
Mayor
ATTEST
.4P .e,AP
CATHERINE D S MAN GIZE
Deputy City Clerk City
A
RUB STELLO
ey
APPR G VED AS TO FORM
-8
SUBSCRIB ,D AND SWORN BEFORE ME THIS
DAY OF _t , ct )
A*0,
P0 BOX 2608
PASCO WASHINGTON 99302 2608
PHONE (509) 582 1500
LEOAL ADVERTISING
INVOICE
DATE 101391 LEGAL NO 002950
ACCOUNT NO 50550
DESCRIPTION Ordinance No. 2838
TIMES 001
LINES 568
SOLD TO
City of Pasco
P.O. Box 293
Pasco Tor L 41' 457.24
WA 99301
IMOTUCE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
4 1!Figilf AiffiT F 1WLICA 77
COUNTY OF BENTON
SS
STATE OF WASHINGTON
ROSEMARY EVERETT , being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a Ordinance No. 2838 as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 001 time(s),
commencing on 101391 , and ending on
101391 , and that said newspaper was regulary
distributed to its subscribers during all of this period
vie
Notary public in and for the State of Wash-
ington, residing at PASCO
COMMISSION EXPIRES 2—
E4 TRI CITY HERALD SUNDAY, OCTOBER 13, 1991
o
410g LEGALS
phone business
WHEREAS recent liti
gation involving the City of
Seattle has shown that the
current definition of tale
phone business may be
inadequate to encompass
cellular telephone business
and it is the determination
of the City Council to cor
rect such deficiency NOW
THEREFORE
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
1 Section 5 32 010 of the
Pasco Municipal Code is
hereby amended by the
changes made in the lan-
guage of the following sub
sections (additions are
I shown by underlining dele
lions by interlineation)
(2) Competitive telephone
service means the provid
ing by any persons of tele
communications
equipment or apparatus di
rectory advertising and
lease of telephone street di
rectories or service other
than toll service related to
that equipment or appara
tus such as repair or main
tenance service if the
equipment or apparatus is
of a type which can be pro
vided by persons that are
not subject to regulation as
telephone companies
under RCW Title 80 and
for which a separate charge
is made
(6) Telephone business
,means the business of pro
\viding access to a local
telephone network local
telephone switching serv
ice toll service cellular
telephone services or coin
telephone services or pro
viding telephonic video
data or similar communlca
tion or transmission for
hire via a local telephone
network toll line or chan
nel cable microwave or
similar communication or
transmission system The
term includes cooperative
or farmer line telephone
companies or associations
operating exchanges Te
lephone business does
not include the providing of
competitive telephone serv
ice nor the providing of
cable television service or
other providing of broad
cast services by radio or
television stations
2 This ordinance shall talcs)
effect five (5) days after
passage and publication
PASSED by the City Coun
cil and APPROVED by the
Mayor this 7 day of October
1991
s Joe Jackson
Mayor
ATTEST
S Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
#2938 - 10/13/91
ORDINANCE NO 2841
AN ORDINANCE concern
nig private detective agen
cies and private detectives
private security guards and
private security companies
creating new Chapter 5 46
PMC and repealing in its
entirety Chapter 5 48
PMC •
WHEREAS the 1991
Washington State legis
lature enacted new legis
lation regulating the
licensing of private detec
tive agencies private de
tectives private security
guards and private secu
ray companies intending
those regulations to be ex
clusive and prohibiting
local jurisdictions from en
acting laws or regulating
the conduct of such busi
nesses and the qualifica
tions of the persons
engaged in such busi
nesses and
WHEREAS Chapter 5 48
of the Pasco Municipal
Code currently extensively
regulates the licensing of
such persons and the qual
ifications for engaging in
Ruch businesses NOW
THEREFORE
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
1 New Chapter 5 46 is
hereby added to the Pasco
Municipal Code which
chapter shall read as fol
lows
CHAPTER 5 46
PRIVATE DETECTIVE
AGENCIES PRIVATE DE
TECTIVES PRIVATE SE
CURITY GUARDS AND
PRIVATE SECURITY
COMPANIES •
Sections
5 46 010 Definitions
5 46 020 License Required
5 46 030 License Fee
5 46 040 Proof of State Li
cense Required
5 46 050 Transfer of Li
cense Prohibited
5 46 060 Violations and Pe
nalties
5 46 010 DEFINITIONS
1 LEGALS
Unless the context clearly
requires otherwise the def
mitions in this section apply
throughout this chapter
(1) Armed private detect'
ve means a private detec
nye who has a current
firearms certificate issued
by the Washington State
Criminal Justice Training
Commission and Is re-
quired to be licensed as an
armed private detective by
the Washington State De-
partment of Licensing
(2) Private detective
means a person who is re
quired to be licensed by the
Washington State Depart
ment of Licensing for em
ployment by a private
detective agency for the
purpose of investigation
escort or body guard serv-
ices or property loss pre-
vention activities
(3) Private detective agen-
cy means a person or en
tity required to be licensed
by the Washington State
Department of Licensing to
be engaged in the business
of detecting discovering
or revealing one or more of
the following
(a) Crime criminals or re-
lated information
(b) The identity habits con
duct business occupation
honesty integrity creclibil
ity knowledge trustworthi
ness efficiency loyalty
activity movement where-
abouts affiliations asso-
ciations transactions acts
reputation or character of
any person or thing
(c) The location disposi
tion or recovery of lost or
stolen property
(d) The cause or responsibi
lay for fires hables losses
accidents or damage or in-
jury to persons or to prop
erty
(e)Evidence to be used be
fore a court board officer
pr investigative committee
(f) Detecting the presence
of electronic eavesdrop
ping devices or
(g) The truth or falsity of a
statement or representa
tion
(4) Armed private security
guard means a private se
cunty guard who has a cur
rent firearms certificate
issued by the Washington
State Criminal Justice
Training Commission and
is required.to be licensed
as an armed private secu
rity guard by the Washing
ton State Department of
Licensing
(5) Private security com
pany ' means a person or
entity required to be Ii
censed by the Washington
State Department of Li
censing to be engaged in
the business of providing
the services of private se
curdy guards on a contrac
tal basis
(6) Private security guard
means an individual who is
required to be licensed by
the Washington State De
partment of Licensing in
order to be principally em
ployed as or typically re
ferred to as one of the
following
(a) Security officer or
guard
(b) Patrol or merchant pa
trol service officer or guard
(c) Armed escort or body
guard
(d) Armed vehicle guard
(e) Burglar alarm response
runner or
(0 Crowd control officer or
guard
5 46 020 LICENSE RE
QUIRED (1) No private de
tective agency or private
security company shall do
business in the City without
first obtaining a license
under the provisionS of this
chapter No armed private
detective private detective
armed private security
guard or private security
guard shall do business or
engage in their occupation
without first being licensed
under the provisions of this
chapter as a private detec
tive agency or private secu
rity company as
appropriate or being em
ployed by a private detec
tive agency or private
security company licensed
under the provisions of this
chapter
5 46 030 LICENSE FEE
The license fee for a private
detective agency or a on
vate security company shall
be equal to the general
business licensing fee
under Chapter 5 04 of this
title
5 46 040 PROOF OF
STATE LICENSE RE
'WIRED The business Ii
cense application for any
private detective agency or
private security company
shall be accompanied by a
legible photocopy of the ap
plicant s state license is
sued by the Department of
Licensing No city license
shall be issued under this
chapter without such proof
of state licensing
g LEGALS
5 46 050 TRANSFER OF
LICENSE PROHIBITED
No business license issued
under this chapter shall b
transferred to any other
person or entity
5 46 060 VIOLATIONS
AND PENALTIES Every
person whether acting as
an individual owner em
ployee of the owner opera
tor or employee of the
operator or whether acting
as a mere agent or inde-
pendent contractor for the
owner employee or opera
tor or acting as a partici
pant or worker in any way
directly or indirectly who
acts in violation of any of
the provisions of this chap
ter shall be guilty of a gross
misdemeanor and upon
conviction such person
shall be punished by a fine
not to exceed $5 000 or by
imprisonment for a period
not to exceed one year or
by both such fine and im
pnsonment
2 Chapter 5 48 of the
Pasco Municipal Code ti
tled Security Police Mer-
chant Patrol and Private
Detectives is hereby re-
pealed in its entirety
3 This ordinance shall take
effect five (5) days after
passage and publication
PASSED by the City Coun
cil and APPROVED by the
Mayor this 7 day of Octo
ber 1991
S Joe Jackson Mayor
ATTEST
s Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
#2947 - 10/13/91
ORDINANCE NO 2839
AN ORDINANCE regarding
parades processions and
other organized formations
of persons or vehicles on
the public streets and ways
and adding new Chapter
10 96 to the Pasco Munici
pal Code
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
1 New Chapter 10 96 is
hereby added to the Pasco
Municipal Code which
chapter shall state as fol
lows
CHAPTER 10 96
PARADES PRO
CESSIONS OR OTHER
ORGANIZED FORMATION
OF PERSONS OR VEHI
CLES ON THE PUBLIC
STREETS AND WAYS
Sections
10 96 010 Definitions
10 96 020 Conformance to
chapter provisions
10 96 030 Permit required
10 96 040 Application for
permit
10 96 050 Conditions of is
suance
10 96 060 Denial public
hearing
10 96 070 Compliance with
provisions
10 96 080 Maximum num-
ber per day
10 96 090 Routes ached,
ules
10 96 100 Regulation of
parking
10 96 010 DEFINITIONS
The following definitions
shall apply in this chapter
(a) Parade means an in
formal or fromal march or
procession or the
movement of a body of peo
ple vehicles or things
marshalled in something
like a military order or a
showy array or succession
of persons vehicles or
things
10 96 020 CONFOR
MANCE TO CHAPTER
PROVISIONS It shall be
unlawful for any number of
persons delegations or as
sociations of persons or for
any company circus or
group to initiate promote or
participate in any parade
procession or other orga
nized formation of persons
or vehicles other than a fu-
neral procession or picket
line in or upon any street
way highway road or side
walk under the control of
the city unless the Chief of
Police has granted a permit
for such parade pro
cession or formation
10 96 030 PERMIT RE
QUIRED 4 shall be unlaw
ful for any perton to initiate
promote or participate in
any parade within the City
until a permit therefore has
first been secured
10 96 040 APPLICATION
FOR PERMIT Parade per
mits may be obtained from
the Chief of Police upon ap
plication made in writing at
least seventy two (72)
hours before the date on
which the parade is to be
held upon application
forms furnished by the
Chief of Police
The application form shall
include the following infor
mation
(a) The date and starting
time
COg LEGALS
(b) The name address and
telephone number of the
applicant and the name of
the organization involved
(c) The formation or assem-
bly area and time therefor
(d) The route of the parade
or motorcade and what por-
tions of the streets tra-
versed may be occupied by
such parade or motorcade
(e) The approximate num
ber of people and vehicles
in the parade or motorcade
(0 The purpose of the pa
rade or motorcade
10 96 050 CONDITIONS
OF ISSUANCE Upon the
filing of a timely completed
application the Chief of Po
lice shall within forty-eight
(48) hours (excluding any
holiday Saturday or Sun
day) issue such permit in
all cases except where the
time place and manner are
not in conformity with the
rules set forth below and
except where the permit
would conflict as to time or
place with a permit preyi
ously issued No fee shall
be charged for any such
permit
No permit shall be issued
authorizing a parade pro
cession or formation under
the following conditions
(a) When the sole purpose
Is advertising any product
goods wares merchandise
or event and is designed to
be held for private profit
(b) When the time route
and size will disrupt the use
of any street or public
place or material portion
thereof which is ordinarily
subject to substantial con
gestion or traffic and is
chiefly of a business or
mercantile character ex-
cept upon those holidays or
Sundays when places of
business along the route
proposed are close
(c) When it is of a size or na
ture that requires the diver
sion of so great a number of
police officers of the city to
properly police the line of
movement and the areas
contiguous thereto that al
lowing the parade or motor
cade would deny
reasonable police protec
tion to the city
The Chief of Police shall
have the authority to modify
the route time and place of
a parade to facilitate crowd
control in the interest of re
lieving congestion and pro
moting public safety
provided that the appli
cant s right of free speech
is not denied thereby
10 96 060 DENIAL PUB
LIC HEARING (a) In the
event an application for a
parade permit is denied by
the Chief of Police the ap
plicant may apply to the
City Council for a hearing
concerning the same
(b) At such hearing the ap
plicant shall have the bur
den of proof of showing that
the proposed parade wi
not be contrary to any of
conditions for denial
forth in the preced ec
lion The Chief olice
shall be heard buttal to
the grantin e applica
lion
(c) If afte hearing the ap
plicant and the Chief of Po
lice the City Council shall
find as a fact that the pro
posed parade will not be
contrary to any of the condi
lions for denial set forth in
th preceding section the
application shall be granted
by the City Council other
wise the action of the Chief
of Police in denying the ap
plication shall stand
(d) The decision of the City
Council shall be final un
less appeal is perfected
with a court of proper juns
diction within ten (10) days
of the City Council s deter
mination
10 96 070 COMPLIANCE
WITH PROVISIONS All pa
rade permits shall be is
sued subject to the parade
being held in conformance
with all applicable provi
sions of this code state law
and city ordinances rules
and regulations
Notwithstanding that a per
mit for the same has been
issued by the Chief of Po
lice or the City Council the
Chief of Police is hereby
authorized empowered
and instructed to stop and
disperse any parade con
ducted in violation of such
provisions
10 96 080 MAXIMUM
NUMBER PER DAY Not
more than one (1) parade
may be conducted during
any one calendar day ex
cept Saturday or Sunday
10 96 090,- ROUTES
SCHEDULES Parade
routes and schedules must
be approved by the Chief of
Police or by the City Coun
cil before a permit for the
same is granted
10 96 100 REGULATION
OF PARKING The Chief of
Police shall have the au
thorny and duty to prohibit
16210g LEGALS
' •
or restrict parking of vehi
des along those parts of
the streets constituting a
part of the route of a pa
rade or at the point of as
sembly or dispersal of a
parade for a period of from
three (3) hours before its
commencement to one (1)
hour after its despersal
The Chief of Police shall
post signs to such effect
and it shall be unlawful for
any person to park or leave
unattended any vehicle in
violation thereof No person
shall be liable for parking
on any street unposted in
violation of this section
2 Article VIII 43 of Ordi
nance No 1024 of the City
of Pasco is hereby re
pealed
3 If any provision of this or
dinance shall be held in
valid itb invalidity shall not
affect any other provision of
this ordinance that can be
given effect without the in
valid provision and for this
purpose the provisions of
this ordinance are hereby
declared to be severable
4 This ordinance shall take
effect five (5) days after
passage and publication
PASSED by the City Coun
Cli and APPROVED by the
Mayor this 7 day of Octo
ber 1991
s Joe Jackson Mayor
ATTEST
s Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
#2943 - 10/13/91
ORDINANCE NO 2842
AN ORDINANCE relating to
zoning and changing the
classification of certain real
property within the City of
Pasco from C 2 (Central
Business) to C 3 (General
Business
THE CITY COUNCIL OF
THE CITY OF PASCO DO
ORDAIN AS FOLLOWS
Section 1 That the zone
classification of the follow
ing described real property
situation in Pasco Franklin
County Washington to wit
Lots 13 17 Block 19 Ger
ry s Addition as depicted in
the map attached hereto
and identified as Exhibit
1 be and the same is
hereby changed from C 2
(Central Business District)
to C 3 (General Business)
Section 2 That any and all
zoning maps be and are
hereby amended to con
form to the aforesaid zone
change
Section 3 This ordin
shall be in full force,e f
fed t after passage r8' pub
lication as req y law
PASSED by ity Coun
dl of the f Pasco this
7 day o ober 1991
s Jo kson Mayor
A
theme D Seaman
puty City Clerk
PPROVED AS TO FORM
s Greg Rubstello
City Attorney
#2941 - 10/13/91
ORDINANCE NO 2838
AN ORDINANCE concern
mg business licensing reg
ulations for pawnbrokers
and second hand dealers
and amending Chapter
5 12 of the Pasco Municipal
Code
WHEREAS Chapter 19 60
RCW regulating pawnbrok
era and second hand deal
era has been significantly
modified by Chapter 323
Laws 1991 and
WHEREAS The City Coun
cil has determined upon
staff recommendation that
the City s regulation of
pawn brokers and second
hand dealers should be
consistent with and not
conflict with state regula
lion NOW THEREFORE
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
1 Chapter 5 12 of the
Pasco Municipal Code is
hereby arncrid-d as fol
Iowa
CHAPTER 5 12
PAWNBROKERS AND
SECOND HAND DEALERS
Section s
5 12 010 Definitions
5 12 012 License required
fee
5 12 014 Fixed place of
business required
5 12 020 Duty to record
transactions
5 12 040 Daily report to po
lice
5 12 045 Duties upon notifi
cation that property is re
ported to be stolen
5 12 050 Retention of prop
erty by pawnbrokers in
spection
5 12 055 Retention of prop-
erty by second hand deal
era inpsection
5 12 060 Rates of interest
and other fees sale of
pledged property
5 12 061 Pawnbrokers
sale of pledged property
limited written documents
requirec
5 12 06
penaltie
5 12 08
5 120
Practici
Unless
requires
initions
through
(1) Mel
metals
junk or
have b
melted
than ore
produce
not pre
ceased
(2)' Met
metal tl
been I
stampeC
is no I
original
cious m
(3) Non
any no
disgarchl
out or
usefulnd
its origin
metal Jul
an itern1
period vf
value be
(4) Pai
every p
whole of
ness of
the sect
personal
posits C
of perso
purchasl
sonal pr
(5) Pre
gold sill
(6) Sec
means 1
gaged iri
the bust
selling I
ment se
transferi
ond hag
erty in
melted
metals
person
place of
state S
also in
entities
ness al
swap n
three tin
(7) Sec;
means a
property
which is'
metals ii
postage'
are legs
the form
cl mped j
v I ue of
or less
(8) Trari
pledge
or consl
trade of
sonal pri
broker
dealer fl
the gene
fined i rril
(9) Ter
be set I
days to i
the loan;
5 12 011
QUIRED,
fee for 1
and sec
shall be
Dollars (!
c
plus th
hargesi
charges
Chapter!
Municipa
shall do I
as a paw
hand deS
taming
from the
above lie
5 12 014
BUSINE
No persq
a pawnl
person
place of 1
city or SS
5 12 02C1
shall be
CORD 11
pawnbro
hand dee.
in the citi
place of
other pa
which all
ten in
guage a
transac
thereof c
(1) The s
son with
action is
(2) The c
(3) The r
or emplo
cation ni
son o
conductil
as requir
Police
(4) The n
sex hell
address
number
whom ti
made
(5) A ca
of the
bought
cluding
serial nu
bar by m
SUNDAY, OCTOBER 13, 1991
.lrn
en
es
nd
les
46
its
I 48
91
g is
gis
jth e
tec
; de
ray
CU
I.Ifl9
I ex
Ing
en
usi
fica
o n s
usi
,548
, ipal
j Ively •
g of
ual
in
14/
OF
I CO
OR
6 is
asco
hich
B 101
fIVE
I DE
SE
AND
I T Y
['red
ite Li
)f Li
d Pe
pNs
of
I or
I<E) er
In
he
er
i0 LEGALS
Unless the context clean
requires otherwise the def
initions in this section apply
throughout this chapter
(1) Armed private detecti-
ve means a private detec
tive who has a current
firearms certificate Issued
by the Washington State
Criminal Justice Training
Commission and is re
quired to be licensed as an
armed private detective by
the Washington State De-
partment of Licensing
(2) Private detective
means a person who is re
gulled to be licensed by the
Washington State Depart
merit of Licensing for em
ployment by a private
detective agency for the
purpose of Investigation
escort or body guard serv
ices or property loss pre-
vention activities
(3) Private detective agen
cy' means a person or en
tity required to be licensed
by the Washington State
Department of Licensing to
be engaged in the business
of detecting discovering
or revealing one or more of
the following
(a) Crime criminals or re
lated information
(b) The identity habits con
duct business occupation
honesty integrity credibil-
ity knowledge trustworthi-
ness efficiency loyalty
activity movement where
abouts affiliations asso
ciations transactions acts
reputation or character of
any person or thing
(c) The location disposi
tion or recovery of lost or
stolen property
(d) The cause or responsibi
lity for fires liables losses
accidents or damage or in
jury to persons or to prop-
erty
(e)Evidence to be used be-
fore a court board officer
pr investigative committee
(f) Detecting the presence
of electronic eavesdrop
ping devices or
(g) The truth or falsity of a
statement or representa
non
(4) 'Armed private security
guard means a private se
curdy guard who has a cur
rent firearms certificate
issued by the Washington
State Criminal Justice
Training Commission and
is required.to be licensed
as an armed private secu
ray guard by the Washing
ton State Department of
Licensing
(5) Private security corn
pany means a person or
entity required to be Ii
censed by the Washington
State Department of Li
censing to be engaged in
the business of providing
the services of private se-
curity guards on a contrac
tal basis
(6) Private security guard
means an individual who is
required to be licensed by
the Washington State De-
partment of Licensing in
order to be principally em
ployed as or typically re
tarred to as one of the
following
(a) Security officer or
guard
(b) Patrol or merchant pa
trot service officer or guard
(c) Armed escort or body
guard
(d) Armed vehicle guard
(e) Burglar alarm response
runner or
(0 Crowd control officer or
guard
5 46 020 LICENSE RE
QUIRED (1) No private de
tective agency or private
security company shall do
business in the City without
first obtaining a license
under the provisions of this
chapter No armed private
detective private detective
armed private security
guard or private security
guard shall do business or
engage in their occupation
without first being licensed
under the provisions of this
chapter as a private detec
bye agency or private secu
rity company as
appropriate or being em
ployed by a private detec
five agency or private
security company licensed
under the provisions of this
chapter
5 46 030 LICENSE FEE
The license fee for a private
detective agency or a ion
vete security company shall
be equal to the general
business licensing fee
under Chapter 5 04 of this
title
5 46 040 PROOF OF
STATE LICENSE RE
QUIRED The business It
cense application for any
private detective agency or
private security company
shall be accompanied by a
legible photocopy of the ap
plicant s state license is
sued by the Department of
Licensing No city license
shall be issued under this
chapter without such proof
of state licensing.
g LEGALS
5 46 050 TRANSFER OF
LICENSE PROHIBITED
No business license issued
under this chapter shall b
transferred to any other
person or entity
5 46 060 VIOLATIONS
AND PENALTIES Every
person whether acting as
an individual owner em-
ployee of the owner opera
tor or employee of the
operator or whether acting
as a mere agent or ride
pendent contractor for the
owner employee or opera
tor or acting as a partici-
pant or worker in any way
directly or indirectly who
acts in violation of any of
the provisions of this chap
ter shall be guilty of a gross
misdemeanor and upon
conviction such person
shall be punished by a fine
not to exceed $5 000 or by
imprisonment for a period
not to exceed one year or
by both such fine and im
pnsonment
2 Chapter 5 48 of the
Pasco Municipal Code ti
tled Security Police, Mer-
chant Patrol and Private
Detectives is hereby re-
pealed in its entirety
3 This ordinance shall take
effect five (5) days after
passage and publication
PASSED by the City Coun
cil and APPROVED by the
Mayor this 7 day of Octo
ben 1991
s Joe Jackson Mayor
ATTEST
s Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
-5 Greg A Rubstello
City Attorney
#2947 - 10/13/91
ORDINANCE NO 2839
AN ORDINANCE regarding
parades processions and
other organized formations
of persons or vehicles on
the public streets and ways
and adding new Chapter
10 96 to the Pasco Munici
pal Code
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
1 New Chapter 10 96 is
hereby added to the Pasco
Municipal Code which
chapter shall state as fol
lows
CHAPTER 10 96
PARADES PRO
CESSIONS OR OTHER
ORGANIZED FORMATION
OF PERSONS OR VEHI
CLES ON THE PUBLIC
STREETS AND WAYS
Sections
10 96 010 Definitions
10 96 020 Conformance to
chapter provisions
10 96 030 Permit required
10 96 040 Application for
permit
10 96 050 Conditions of is
suance
10 96 060 Denial public
hearing
10 96 070 Compliance with
provisions
10 96 080 Maximum num
ber per day
10 96 090 Routes ached.
ules
10 96 100 Regulation of
parking
10 96 010 DEFINITIONS
The following definitions
shall apply in this chapter
(a) Parade means an in
formal or fromal march or
procession or the
movement of a body of peo
ple vehicles or things
marshalled in something
like a military order or a
showy array or succession
of persons vehicles or
things
10 96 020 CONFOR
MANCE TO CHAPTER
PROVISIONS It shall be
unlawful for any number of
persons delegations or as
sociations of persons or for
any company circus or
group to initiate promote or
participate in any parade
procession or other orga
nized formation of persons
or vehicles other than a fu-
neral procession or picket
line in or upon any qtreet,
way highway road or side
walk under the control of
the city unless the Chief of
Police has granted a permit
for such parade pro
cession or formation
10 96 030 PERMIT RE
QUIRED l shall be unlaw
ful for any porton to initiate
promote or participate in
any parade within the City
until a permit therefore has
first been secured
10 96 040 APPLICATION
FOR PERMIT Parade per
mits may be obtained from
the Chief of Police upon ap
plication made in writing at
least seventy two (72)
hours before the date on
which the parade is to be
held upon application
forms furnished by the
Chief of Police
The application form shall
include the following infor
mation
(a) The date and starting
time
LEGALS
(b) The name address and
telephone number of the
applicant and the name of
the organization involved
(c) The formation or assem
bly area and time therefor
(d) The route of the parade
or motorcade and what por-
tions of the streets tra-
versed may be occupied by
such parade or motorcade
(e) The approximate num
ben of people and vehicles
in the parade or motorcade
(0 The purpose of the pa
rade or motorcade
10 96 050 CONDITIONS
OF ISSUANCE Upon the
filing of a timely completed
application the Chief of Po
lice shall within forty eight
(48) hours (excluding any
holiday Saturday or Sun
day) issue such permit in
all cases except where the
time place and manner are
not in conformity with the
rules set forth below and
except where the permit
would conflict as to time or
place with a permit previ
ously issued No fee shall
be charged for any such
permit
No permit shall be issued
authorizing a parade pro-
cession or formation under
the following conditions
(a) When the sole purpose
is advertising any product
goods wares merchandise
or event and is designed to
be held for private profit
(b) When the time route
and size will disrupt the use
of any street or public
place or material portion
thereof which is ordinarily
subject to substantial con
gestion or traffic and is
chiefly of a business or
mercantile character ex
cept upon those holidays or
Sundays when places of
business along the route
proposed are close
(c) When it is of a size or na
ture that requires the diver
sion of so great a number of
police officers of the city to
properly police the line of
movement and the areas
contiguous thereto that al
lowing the parade or motor
cade would deny
reasonable police protec
lion to the city
The Chief of Police shall
have the authority to modify
the route time and place of
a parade to facilitate crowd
control in the interest of re
hewing congestion and pro
moting public safety
provided that the appli
cant s right of free speech
is not denied thereby
10 96 060 DENIAL PUB
LIC HEARING (a) In the
event an application for a
parade permit is denied by
the Chief of Police the ap
plicant may apply to the
City Council for a hearing
concerning the same
(b) At such hearing the ap
plicant shall have the bur
den of proof of showing that
the proposed parade wi
not be contrary to any of
conditions for denial
forth in the preced ec
tion The Chief once
shall be heard buttal to
the grantin e applica
tion
(c) If she hearing the ap
plicant and the Chief of Po
lice the City Council shall
find as a fact that the pro
posed parade will not be
contrary to any of the condi
lions for denial set forth in
th preceding section the
application shall be granted
by the City Council other
wise the action of the Chief
of Police in denying the ap
plication shall stand
(d) The decision of the City
Council shall be final un
less appeal is perfected
with a court of proper juris-
diction within ten (10) days
of the City Council s deter
mination
10 96 070 COMPLIANCE
WITH PROVISIONS All pa
rade permits shall be is
sued subject to the parade
being held in conformance
with all applicable provi
sons of this code state law
and city ordinances rules
and regulations
Notwithstanding that a per
mit for the same has been
issued by the Chief of Po
lice or the City Council the
Chief of Police is hereby
authorized empowered
and instructed to stop and
disperse any parade con
ducted in violation of such
provisions
10 96 080 MAXIMUM
NUMBER PER DAY Not
more than one (1) parade
may be conducted during
any one calendar day ex
cept Saturday or Sunday
10 96 090,- ROUTES
SCHEDULES Parade
routes and schedules must
be approved by the Chief of
Police or by the City Coun
cil before a permit for the
same is granted
10 96 100 REGULATION
OF PARKING The Chief of
Police shall have the au
thorny and duty to prohibit
LEGALS
or restrict parking of vehi
cies along those parts of
the streets constituting a
part of the route of a pa
rade or at the point of as
sembly or dispersal of a
parade for a period of from
three (3) hours before its
commencement to one (1)
hour after its despersal
The Chief of Police shall
post signs to such effect
and it shall be unlawful for
any person to park or leave
unattended any vehicle in
violation thereof No person
shall be liable for parking
on any street unposted in
violation of this section
2 Article VIII 43 of Ordi
nance No 1024 of the City
of Pasco is hereby re-
pealed
3 If any provision of this or-
dinance shall be held in
valid it invalidity shall not
affect any other provision of
this ordinance that can be
given effect without the in-
valid provision and for this
purpose the provisions of
this ordinance are hereby
declared to be severable
4 This ordinance shall take
effect five (5) days after
passage and publication
PASSED by the City Court
cil and APPROVED by the
Mayor this 7 day of Octo
ber 1991
s Joe Jackson Mayor
ATTEST
s Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
#2943 - 10/13/91
ORDINANCE NO 2842
AN ORDINANCE relating to
zoning and changing the
classification of certain real
property within the City of
Pasco from C 2 (Central
THE CITY COUNCIL OF
Busines
Business) to C 3 (General
THE CITY OF PASCO DO
ORDAIN AS FOLLOWS
Section 1 That the zone
classification of the follow
ing described real property
situation in Pasco Franklin
County Washington to-wit
Lots 13 17 Block 19 Ger
ry s Addition as depicted in
the map attached hereto
and identified as Exhibit
1 be and the same is
hereby changed from C 2
(Central Business District)
to C 3 (General Business)
Section 2 That any and all
zoning maps be and are
hereby amended to con
form to the aforesaid zone
change
Section 3 This ordin
shall be in full force,,a f
fect after passageoW pub
lication as requArA i y law
PASSED by ity Coun
cil of the f Pasco this
7 day o ober 1991
s Jo kson Mayor
A
thenne D Seaman
puty City Clerk
PPROVED AS TO FORM
s Greg Rubstello
City Attorney
#2941 - 10/13/91
ORDINANCE NO 2838
AN ORDINANCE concern
ing business licensing reg
ulations for pawnbrokers
and second hand dealers
and amending Chapter
5 12 of the Pasco Municipal
Code
WHEREAS Chapter 19 60
RCW regulating pawnbrok
ers and second-hand deal
ers has been significantly
modified by Chapter 323
Laws 1991 and
WHEREAS The City Coun
cil has determined upon
staff recommendation that
the City s regulation of
pawn brokers and second
hand dealers should be
consistent with and not
conflict with state regula
tion NOW THEREFORE
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
1 Chapter 5 12 of the
Pasco Municipal Code is
hereby amend ird as fol
lows
CHAPTER 5 12
PAWNBROKERS AND
SECOND HAND DEALERS
Section s
5 12 010 Definitions
5 12 012 License required
fee
5 12 014 Fixed place of
business required
5 12 020 Duty to record
transactions
5 12 040 Daily report to po
lice
5 12 045 Duties upon notifi
cation that property is re
ported to be stolen
5 12 050 Retention of prop
arty by pawnbrokers in
spection
5 12 055 Retention of prop
erty by second hand deal
ers inpsection
5 12 060 Rates of interest
and other fees sale of
pledged property
5 12 061 Pawnbrokers
sale of pledged property
limited written documents
LEGALS
required for transactions
5 12 066 Prohibited acts
penalties
5 12 085 Conditional Sales
Practices Prohibited
5 12 010 DEFINITIONS
Unless the context clearly
requires otherwise the def
Initions in this section applg
throughout this chapter
(1) Melted metals means
metals derived from metal
junk or precious metals that
have been reduced to a
melted state from other
than ore or ingots which are
produced from ore that has
not previously been pro-
cessed
(2) Metal junk means any
metal that has previously
been milled shaped
stamped or forged and that
is no longer useful in its
original form except pre
cious metals
(3) Non metal junk means
any non metal commonly
disgarded item that is worn
out or has outlasted its
usefulness as intended in
its original form except non
metal junk does not include
an item made in a former
period which has enhanced
value because of its age
(4) Pawnbroker means
every person engaged in
whole or in part in the busi
ness of loaning money on
the security of pledges of
personal property or de
posits or conditional sales
of personal property or the
purchase or sale of per
sonal property
(5) Precious metals means
gold silver and platinum
(6) Second Hand dealer
means every person en
gaged in whole or in part in
the business of purchasing
selling trading consign
ment selling or otherwise
transferring for value sec
ond hand personal prop
arty including metal junk
melted metals precious
metals whether or not the
person maintains a fixed
place of business within the
state Second-hand dealer
also includes persons or
entities conducting bust
ness at flea markets or
swap meets more than
three times per year
(7) Second hand property
means any item of personal
property offered for sale
which is not new including
metals in any form except
postage stamps coins that
are legal tender bullion in
the form of fabricated hall
marked bars used books
clothing of a resale
alue of seventy five dollars
or less except furs
(8) Transaction means a
pledge or the purchase of
or consignment of or the
trade of any item of per
sonal property by a pawn
broker or a second hand
dealer from a member of
the general public
(9) Term of the loan as de
fined in this chapter shall
be set for period of thirty
days to include the date of
the loan
5 12 012 LICENSE RE
QUIRED FEE The license
fee for each pawnbroker
and second hand dealer
shall be Two Hundred Fifty
Dollars ($250 Od) per year
plus the square footage
charges and outside area
charges as set forth in
Chapter 5 04 of the Pasco
Municipal Code No person
shall do business in the city
as a pawnbroker or second
hand dealer without first ob-
taining a licence therefor
from the city and paying the
above license fee
5 12 014 FIXED PLACE OF
BUSINESS REQUIRED
No person may operate as
a pawnbroker unless the
person maintains a fixed
place of business within the
city or State of Washington
5 12 020 DUTY TO RE
CORD TRANSACTIONS It
shall be the duty of every
pawnbroker and second
hand dealer doing business
in the city to maintain in his
place of business a book or
other permanent record in
which shall be legibly writ
ten in the English Ian
guage at the time of each
transaction a record
thereof containing
(1) The signature of the per
son with whom the trans
action is made
(2) The date of transaction
(3) The name of the person
or employee or the identifi
cation number of the per
son or employee
conducting the transaction
as required by the Chief of
Police
(4) The name date of birth
sex height weight race
address and telephone
number of the person with
whom the transaction is
made
(5) A complete description
of the property pledged
bought or consigned in
cluding the brand name
serial number model num
ber by name any initials or
tteA LEGALS
engravings size pattern
and color of stone or
stones and in the case of
firearms the calliber barrel
length type of action and
whether it is a pistol rifle
or shotgun
(6) The price paid or the
amount loaned
(7) The type and identifying
number of identification
used by the person with
whom the transaction was
made which shall consist
of a valid drivers license or
identification card issued
by any state or two pieces
of identification issued by a
governmental agency one
of which shall be descrip
lien of the person dent'
fled At all times one piece
of current government is
sued picture identification
will be required
(8) The nature of the trans
action a number identity
mg the transaction the
store identificaton as desig
nated by the Pasco Police
Department or the name
and address of the busi
ness and the name of the
person or employee con
ducting the transaction
and the location of the
property
(9) The street and house
number of the place from
which the property bought
or received in pledge was
last removed Such record
of all goods received shall
at all times be open to the
inspection of the law en
forcement officers of the
city and Franklin County
5 12 040 DAILY REPORT
TO POLICE (1) Upon re
quest every pawnbroker
and second hand dealer
doing business in the state
shall furnish a full true and
correct transcript of the re-
cord of all transactions con
ducted on the preceding
date These transactions
shall be recorded on such
forms as may be provided
in such format as may be
required by the Chief of Po-
lice within a specified time
not less than twenty four
hours This information
may be transmitted to the
Pasco Police Department
electronically by facimile
transmission or by modem
or similar device or by de
livery of computer disks
subject to the requirements
of and approval by the
Chief of Police
(2) If a pawnbroker or sec
and hand dealer has good
cause to believe that any
property in his or her pos
session has been previ-
ously lost or stolen the
pawnbroker or second
hand dealer shall promptly
report that fact to the Chief
of Police together with the
name of the owner if
known and the date when
and the name of the person
from whom it was received
5 12 045 DUTIES UPON
NOTIFICATION THAT
PROPERTY IS RE
PORTED STOLEN Follow
ing notification from a law
enforcement agency that
an item of property has
been reported as stolen
the pawnbroker or second
hand dealer shall hold that
property intact and safe
from alteration damage or
commingling The pawn
broker or second-hand
dealer shall place an 'denti
tying tag or other suitable
identification upon the
property so held Property
held shall not be released
for one hundred twenty
days from the date of police
notification unless release
by written consent of the
Pasco Police Department
or by order of the a court of
competent jurisdiction In
cases where the Pasco Po
lice Department has place
a verbal hold on an item
the polic department must
then give written notice
within ten business days If
such written notice is not
received within that period
of time then the hold order
wi'l cease The pawnbroker
or second hand dealer shall
give a twenty day written
notice before the expiration
of the one hundred twenty
day holding period to the
Pasco Police Department
about the stolen property If
notice is not given within
twenty days then the hold
on the property shall con
tinue for an additional one
hundred twenty days The
Pasco Police Department
may renew the holding pe
nod for additional one hun
dred twenty day periods as
necessary After the receipt
of notification from a pawn
broker or second hand
dealer if an additional hold
ing period is required the
applicable law enforcement
agency shall give the pawn
broker or second hand
dealer written notice prior
to the expiration of -the
existing hold order The
Pasco Police Department
shall not place on hold any
LEGALS
item of personal property
unless the Pasco Police
Department reasonably
suspects that the item of
personal property is a lost
or stolen item Any hold
that is placed on an item
will be removed as soon as
practicable after the item
on hold is determined not to
be stolen or lost
5 12 050 RETENTION OF
PROPERTY BY PAWN
BROKERS INSPECTION
Property bought or re
ceived by any pawnbroker
shall not be removed from
that place of business ex
cept when redeemed by or
returned to the owner
within thirty days after the
receipt of the property The
property shall at all times
during the ordinary hours of
business by open to inspec
tion to any commissioned
law enforcement officer of
the state or any of its politi
cal subdivisions
5 12 055 RETENTION OF
PROPERTY BY SECOND
HAND DEALERS IN
SPECTION (1) Property
bought or received on con
signment by any second-
hand dealer with a perma
nent place of business in
the city shall not be re
moved from that place of
business except cosigned
property returned to the
owner within thirty days
after the receipt of the prop-
erty Property shall at all
times during the ordinary
hours of business be open
to inspections to any corn
missioned law enforcement
officer of the state or any of
its political subdivisions
(2) Property bought or re-
ceived on consignment by
any second hand dealer
without a permanent place
of business within the city
shall be held within the city
except consigned property
returned to the owner
within thirty days after rec
eipt of the property The
property shall be available
within the city for inspection
at reasonable times by any
commissioned law enforce
ment officer of the state or
any of its political subdivi
sons
5 12 060 RATES OF IN
TEREST AND OTHER
FEES SALE OF
PLEDGED PROPERTY
RCW 19 60 060 as
amended from time to time
is incorporated herein by
this reference as if specif
malty set forth
5 12 061 PAWNBROKERS
SALE OF PLEDGED
PROPERTY LIMITED
WRITTEN DOCUMENTS
REQUIRED FOR TRANS
ACTIONS (1) A pawn
broker shall not sell any
property received in
pledge until both the term
of the loan and a grace pe
nod of a minimum of sixty
days has expired However
if a pledged article is not re
deemed within the ninety
day period of both the term
of the loan and the grace
period the pawnbroker
shall have all rights title
and interest of that item of
personal property The
pawnbroker shall not be re
quired to account to the
pledgor for the proceeds re
ceived from the disposition
of that item Ady provision
of law relating to the fore
closures and the subse
quent sale of forfeited
pledged items shall not be
applicable to any pledge as
defined under this chapter
the title to which is trans
ferred in accordance with
this section
(2) Every transaction en
tered into by a pawnbroker
shall be evidenced by a
written document a copy of
which shall be furnished to
the pledgor The document
shall set forth the term of
the loan the date on which
the loan is due and paya
ble and shall inform the
pledgor of the pledgor s
right to redeem the pledge
within sixty days after the
expiration of the loan term
5 12 066 PROHIBITED
ACTS PENALTIES It is a
gross misdemeanor for
(1) Any person to remove
alter or obliterate any man
ufacturer s make model or
serial number personal
identification number or
identifying marks engraved
or etched upon an item of
personal property that was
purchased consigned or
received in pledge In addi
tion an item shall not be ac
cepted or a pledge for
second hand purchase
where the manufacturer s
make model or serial
number personal identifi
cation number or identify
ing marks engraved or
etched upon an item of per
sonal property has been re
moved altered or
obliterated
(2) Any person to know
lingly make cause or alloW
to be made any false entry
LEGALS
or mistatement of any
material matter in any
book record or writing re
quired to be kept under this
chapter
(3) Any pawnbroker or sec
ond hand dealer to receive
any property from any per
son under the age of 'sigh
teen years any person
under the influence of in
toxicating liquor or drugs
or any person known to the
pawnbroker or second
hand dealer as having been
convicted of burglary rob-
bery theft or possession of
or receiving stolen property
within the past ten years
whether the person is act-
ing in his or her own behalf
or as the agent of another
or
(4) Any person to violate
knowingly any other provi
son of this chapter
5 12 085 CONDITIONAL
SALES PRACTICES PRO
HIBITED A purchase of
personal property shall not
be made on the condition of
selling it back at a stip
ulated time and price
greater than the purchase
price for the purpose of
avoiding the interest and
fee restrictions of this chap
ter
This ordinance shall take
effect five (5) days after
passage and publication
PASSED BY THE City
Council and APPROVED
by the Mayor this 7 day of
October 1991
s Joe Jackson Mayor
ATTEST
s Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
#2950 - 10/13/91
PUBLIC NOTICE
Pursuant to RCW
35 22 120 and RCW
35 22 170 the Richla
City Council has ad
Resolution No „72"v re
questing thecae- ments
to Section "fir 2 06 and
5 08 of - ichland City
Charter be submitted to the
voters at the general elec
tion to be held on Novem
ber 5 1991
RESOLUTION NO 73 91
A RESOLUTION of the City
of Richland providing for
the submittal of three City
Charter amendments to the
electors of the City of Rich
land for their approval or re
jection
BE IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF RICHLAND
WASHINGTON 'AS FOL
LOWS
Section 1 01 There shall
be submitted to the electors
of the City the following
amendment to Section 2 03
of the Charter of the City of
Richland regarding the re
placement of a Coun
cilmember due to disability
Section 2 03 Removal
from or Forfeiture of Of-
fice-Vacancies Any coun
adman may be removed
from office by recall as pro
vided by law A councilman
shall be deemed to have
forfeited his office thereby
creating a vacancy upon
any of the following
grounds failure to qualify
or enter upon his duties
within the time limited by
law ceasing to be a rest
dent of the city conviction
of an infamous crime or any
offense involving a violation
of this Charter or his official
oaths failure or refusal to
take his oath of office ceas
ing to have the qualifica
tions prescribed in this
Charter general laws or
city ordinances or a failure
to attend three consecutive
regular meetings of the
council without being ex
cused by the council In ad
dition to the foregoing the
office of a councilman shall
become vacant upon his
death removal from office
or resignation if a superior
court determines that a
member of council Is un-
able or Incapable of rea-
sonably fulfilling his/her
duties because of Illness
or any other reason ex-
cused or unexcused for
at least six continuous
months thereafter or Is
unlikely to so perform
the position filled by such
councilmember shall be
considered vacant
— - -
The ballot title for the prop-
osition to have declared vs
cant the position of a
disabled councilmember by
amending the Richland City
Charter at the General
Election to be held in the
City of Richland on Novem
ber 5 1991 shall read as
follows
PROPOSITION 1
Shall the Richland City
Charter be amended to pro-
vide for the removal of a
councilmember adjudged
by a superior court to be
unable or incapable of fulfil
‘0Fif
'
111111111 11111111111111111111 1111111111
FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401
P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301
October 8, 1991
Tn-City Herald
P0 Box 2608
Pasco, Wa 99302
Dear Kathy
Please publish the attached Ordinances Nos 2837, 2838, 2839, 2840,
2841, 2842, and Summary of Ordinance No 2843 on the following date
October 13, 1991
Please send two (2) Affidavits of Publication for each
Thank you,
,r;
Catherine D Seaman
Deputy City Clerk
545-3402
cds