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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 - 3 - 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 - 6 - 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