HomeMy WebLinkAbout2841 OrdinanceORDINANCE NO. a 3 '7'!
AN ORDINANCE concernmg private detective agencies and private
detectives, private secunty guards and private security companies,
creating new Chapter 5 46 PMC, and repealing, m its entirety, Chapter
5 48 PMC
WHEREAS, the 1991 Washington State legislature enacted new legislation
regulating the licensing of private detective agencies, private detectives,
private security guards, and pnvate security companies, intending those
regulations to be exclusive and prohibiting local Jurisdictions from enacting
laws or regulatmg the conduct of such businesses, and the qualifications of the
persons engaged in such businesses, and
WHEREAS, Chapter 5 48 of the Pasco Municipal Code currently extensively
regulates the licensing of such persons and the qualifications for engaging in
such businesses, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
§1. New Chapter 5 46 is hereby added to the Pasco Municipal Code,
which chapter shall read as follows
CHAPTER 546
PRIVATE DETECTIVE AGENCIES, PRIVATE DETECTIVES,
PRIVATE SECURITY GUARDS, AND PRIVATE SECURITY COMPANIES
Sections
5 46 010
5 46 020
5 46 030
5 46 040
5 46 050
5 46 060
Definitions
License Required
License Fee
Proof of State License Required
Transfer of License Prohibited
Violations and Penalties
5 46 010 DEFINITIONS Unless the context clearly
requires otherwise, the definitions m this section apply
throughout this chapter
(1) "Armed private detective" means a private detective who
has a current firearms certificate issued by the Washington State
Cnmmal Justice Trammg Commission and is required to be
licensed as an armed private detective by the Washington State
- 1 -
Department of Licensing
(2) "Private detective" means a person who is required to be
licensed by the Washington State Department of Licensing for
employment by a private detective agency for the purpose of
investigation, escort or body guard services, or property loss
prevention activities
(3) "Private detective agency" means a person or entity
required to be licensed by the Washington State Department of
Licensing to be engaged m the business of detectmg,
discovenng, or revealing, one or more of the following
(a) Crime, cnmmals, or related information,
(b) The identity, habits, conduct, business, occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activity, movement, whereabouts,
affiliations, associations, transactions, acts, reputation, or
character of any person or thing,
(c) The location, disposition, or recovery of lost or
stolen property,
(d) The cause or responsibility for fires, hables,
losses, accidents, or damage or injury to persons or to property,
(e) Evidence to be used before a court, board, officer, or
investigative committee,
(f) Detecting the presence of electronic eavesdropping
devices, or
(g) The truth or falsity of a statement or representation
(4) "Armed private security guard" means a private security
guard who has a current firearms certificate issued by the
Washington State Criminal Justice Training Commission and is
required to be licensed as an armed private security guard by the
Washington State Department of Licensing
(5) "Private security company" means a person or entity
required to be licensed by the Washington State Department of
Licensing to be engaged m the business of providing the services
of private security guards on a contractual basis
(6) "Private secunty guard" means an mdividual who is
required to be licensed by the Washington State Department of
Licensing in order to be principally employed as or typically
referred to as one of the following
(a) Security officer or guard,
(b) Patrol or merchant patrol service officer or guard,
(c) Armed escort or body guard,
(d) Armed vehicle guard,
(e) Burglar alarm response runner, or
(f) Crowd control officer or guard
5 46 020 LICENSE REQUIRED (1) No private detective
agency or private security company shall do business in the City
- 2 -
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 m their occupation without first being
licensed under the provisions of this chapter as a private
detective agency or private security company, as appropnate, or
being employed by a private detective 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 private 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 REQUIRED The business
license application for any private detective agency or private
security company shall be accompanied by a legible photocopy of
the applicant's state license issued by the Department of
Licensing No city license shall be issued under this chapter
without such proof of state licensing
5 46 050 TRANSFER OF LICENSE PROHIBITED No business
license issued under this chapter shall be transferred to any
other person or entity
5 46 060 VIOLATIONS AND PENALTIES Every person, whether
acting as an individual owner, employee of the owner, operator or
employee of the operator, or whether acting as a mere agent or
independent contractor for the owner, employee or operator, or
acting as a participant or worker m any way directly or
indirectly, who acts in violation of any of the provisions of
this chapter 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 imprisonment
§2. Chapter 5.48 of the Pasco Mumcipal Code titled Security Police,
Merchant Patrol and Private Detectives is hereby repealed in its entirety
§3. This ordinance shall take effect five (5) days after passage and
publication
3 -
APPROVED AS TO FORM
PASSED by the City Council and APPROVED by the Mayor this .r 1
day of October, 1991
CATHERINE D SEAMAN
Deputy City Clerk
G G A RUBSTELLO
City /f luor ey
SOLD TO
vttc/NN3)1
"F: ZtV_PO BOX 2608
PASCO WASHINGTON 99302 2608
PHONE (509) 582 1500
LEGAL ADVERTISING
INVOICE
City of Pasco
P.O. Box 293
Pasco
WA 99301
DATE 101391 LEGAL NO 002947
ACCOUNT NO 50550
DESCRIPTION Ordinance No 2841
TIMES 001 LINES 266
TOTALS 214.13
63-- •
q 44-
SUBSCRI 0 AND SWORN BEFORE ME THIS 1
DAY OF
NOTICE 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
AFFIDA ArifT F 7,10LICATICP,
COUNTY OF BENTON
SS
STATE OF WASHINGTON
ROSEMARY EVERETT , being duly sworn,
deposes and says, I am the Legal Clerk of the Tri-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 2841 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
Notary public in and for the State of Wash-
ington, residing at PASCO
COMMISSION EXPIRES
E4 TRI CITY HERALD SUNDAY, OCTOBER 13, 1991
LEGALS
phone business
WHEREAS recent lit'
gation involving the City of
Seattle has shown that the
current definition of tele-
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
shown by underlining dele
bons 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 prq
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 communica
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
I companies or associations
operating exchanges Te
lephone business does
1 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 take
effect five (5) days after
passage and publication
PASSED by the City Coun
a and APPROVED by the
Mayor this 7 day of October
1991
S Joe Jackson '
Mayor
ATTEST
s Cat ne D Seaman
Dep ay Clerk
AP OVED AS TO FORM
eg A Rubstello
ty Attorney
2938 10/13/91
ORDINANCE NO 2841
AN ORDINANCE concern
ing private detective agen
cies and private detectives
private security guards and
private security companies
creating new Chapter 5 46
PMC and repealing in as
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
elusive and prohibiting
local jurisdictions from en
acting laws or regulating
the conduct of such bust
n nesses and the qualifica
tions of the persons
engaged in such bust
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
such 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
LEGALS
Unless the context clearly
requires otherwise the def
initions in this section apply
throughout this chapter
(1) Armed private detect'
ve" means a private detec
five 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
gf detecting discovering
dr 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
bon or recovery of lost or
stolen property
(d) The cause or responsibi
lily for fires liables losses
accidents or damage or in
jury to persons or to prop
arty
(e)Evidence to be used be
fore a court board officer
or 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
curay 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 li-
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
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
tectwe 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
live agency or private secu
rity company as
appropriate or being em
Ofoyad 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
QUIRED 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
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
ca 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 are
other organized formate ve/is
of persons or vehicke on
the public streets ape' ays
and adding new‘Ahapter
10 96 to the Pas1/0- Munici
pal Code ,,,,
THE CITY F PASCO
THE CITY qUNCIL OF a
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 sched
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
razed 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 It shall be unlaw
ful for any person 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
mas may be obtained from
the Chief of Police upon ep
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
(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
bons 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
day) issue such permit in
holiday Saturday or Sun
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
s ordinarily thereof whte
subject to stantial con
gesbon raffle and is
chief a business or
ile character ex
upon those holidays or
ndays 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
'loving 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 will
not be contrary to any of the
conditions for denial as set
forth in the preceding sec
bon The Chief of Police
shall be heard in rebuttal to
the granting of the applica
bon
(c) If after 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
a n 0 re g u -I --a-t -i -o n s
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
ffig 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 Ord'
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 as 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
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 whhin the City of
Pasco from C 2 (Central
Business) to C 3 (General
Business
THE C1 1Y 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 ordinance
shall be in full force and ef
fact after passage and pub-
lication as required by law
PASSED by the City Coun
ea of the City of Pasco this
7 day of October 1991
s Joe Jackson Mayor
ATTEST
s Catherine D Seaman
Deputy City Clerk
APPROVED 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
bon 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 amended 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
erty 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
eieg 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
'rations in this section apply
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 as
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 as 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
erty 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
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 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 00) 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
taming 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 'dental
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
eluding the brand name
serial number model num
ber by name any initials or
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 descry
bon of the person identi-
fied At all times one piece
of current government is
sued picture identification
will be required
(8) The nature of the trans
action a number identify-
ing the transaction the
store identificaton as desig
nated by the Pasco Police
Department or the name
and address of the bust
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
ond hand dealer has good
cause to believe that any
property in his or her pos
session has been prey'
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 identi
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
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 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
ffig LEGALS
item of personal p
unless the Pasco
Department masa
suspects that the
personal property is,
or stolen item An
that is placed on a
will be removed as s
practicable after thi
on hold is determinec
be stolen or lost I
5 12 050 RETENTIC
PROPERTY BY
BROKERS INSPE(
Property bought I
ceived by any pawl
shall not be remove
that place of busing
cept when redeemei
returned to the
within thirty days al
receipt of the propel
property shall at al
during the ordinary t
business by open to
bon to any commit
law enforcement of
the state or any of
cal subdivisions
5 12 055 RETENTI
PROPERTY BY SE
HAND DEALERS
SPECTION (1) P
l
bought or received
signment by any
hand dealer with a
nent place of busl
the city shall notl
moved from that
business except c
property returnedl
owner within thiri
after the receipt of t
erty property sha
times during the I
hours of 'business
to inspections to a
missioned law enfc
officer of the statel
its political subdwit
(2) Property bougl
cewed on consign
any second hanc
without a permane
of business within'
shall be held with'
except consigned
returned to the
within thirty days
eipt of the props
property shall be I
within the city for it
at reasonable time
commissioned law
ment officer of tho
any of its political
sions
5 12 060 RATES!
TEREST AND I
FEES SAI
PLEDGED PRO
R C W 19 60 CI
amended from Um
is incorporated t
this reference as
ically set forth
5 12 061 PAWNI3
SALE OF PL
PROPERTY LI
WRITTEN DOC
broker shall not
REQUIRED FO
ACTIONS (1)
property rece
l of the loan and a
pledge until bot
nod of a minimu
days has expired
if a pledged antel
deemed within t
day period of bot
of the loan and
period the pa
shall have all r
and interest of tri
personal prop
pawnbroker shal
guyed to accou
pledgor for the p9
cewed from the
of that item An
of law relating It
closures and ti
quent sale of
pledged items s]
applicable to any
defined under th
the title to whic
ferred in accorc
this section
(2) Every trans
tared into by a {1
which shall be f
shall be evidei
written docume
the pledgor The
shall set forth t]
the loan the dat
the loan is due
ble and shall
pledgor of the
right to redeem
within sixty da
expiration Of th
5 12 066 PR
ACTS PENAL
gross misdemee
(1) Any person ]
alter or oblaera
ufacturer s mak
serial numbe
identification
identifying mar
or etched upon
personal prope
purchased co
received in plecl
lion an item sha
cepted or a
second hand
where the ma
make model
number perso
cation number
ing marks er
etched upon an
sonal property
moved alt
obliterated I
(2) Any perso,
lingly make ce
to be made an
CJI g LEGALS
willi i iiIiI 1 1111 11 111110 010,„, FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401
P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301
October 8, 1991
Tr-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,
Catherine D Seaman
Deputy City Clerk
545-3402
cds