Chapter 5.28


5.28.010    Purpose.

5.28.020    Definitions.

5.28.030    Registry.

5.28.040    Recordkeeping.

5.28.050    Restrictions on purchases and sales.

5.28.060    Violation--Penalty.

5.28.010 Purpose.

The purpose of this chapter is to authorize the maintenance of a registry, regulation and recordkeeping of used merchandise businesses.  (Ord. 3135 §1, 2021)

5.28.020 Definitions.

For the purposes of this chapter, the following terms mean:

A.  "Used merchandise" includes jewelry, small appliances, cell phones, personal electronic devices, computers, precious metals, coins, silverware, television sets, auto and home stereo systems and guns and related items or articles.  Used merchandise does not include large household kitchen or laundry appliances, furniture, automobiles or clothing.

B.  "Used merchandise business" means any business operating within the corporate limits of the city which devotes all or part of its business to the collection, purchase, exchange or sale of used articles or the lending of money upon the possession and security of used articles to be returned by lender.  A used merchandise business does not include a business which takes in trade used articles incidental to the sale of new articles or merchandise; a business dealing exclusively with the buying and selling of books, farm or lawn machinery, vacuum cleaners, or furniture; a business which sells merchandise on consignment only; a person who conducts a public sale of goods from private or public property less than six times per calendar year.  (Ord. 3135 §1, 2021)

5.28.030 Registry.

The police chief or designee shall maintain a registry of used merchandise businesses within the city. The police chief or designee will regularly request updated information from the businesses to maintain contact information for the businesses.  (Ord. 3135 §1, 2021)

5.28.040 Recordkeeping.

A.  A used merchandise business shall be required to keep a record of all purchases and acquisitions of used merchandise to generally identify the merchandise and contact information for the person from whom such merchandise is acquired.

B.  The records shall be available for inspection by police officers at reasonable times and places and the records shall be maintained for one year after the date of the transaction.  (Ord. 3135 §1, 2021)

5.28.050 Restrictions on purchases and sales.

A.  No purchase or acquisition by a used merchandise business shall be made when it knows, suspects or reasonably should know or suspect that the items to be purchased are stolen property or that the person from whom the items are acquired is not the true owner of the items.

B.  No used merchandise business shall buy, sell, receive, dispose of or have in possession any item whose serial number or any other identification mark has been removed, defaced, covered up, obliterated or destroyed in whole or in part.  Furthermore, any used merchandise business shall immediately notify the police chief or designee of any offer to purchase, sell, receive or dispose of such property that is made to the business.

C.  All used articles purchased or acquired by a used merchandise business shall be segregated in such a way to permit for their ready identification by the records required in Section 5.28.040 for a period of seven days before resale.  Segregation shall continue for a further period not to exceed ten days upon the direction of the police chief or designee if there is a reasonable suspicion that the used articles are stolen property.  (Ord. 3135 §1, 2021)

5.28.060 Violation--Penalty.

In addition to the remedies provided in this code, additional proceedings may be instituted, including, but not limited to, injunctive relief to enforce the provisions of this chapter.  (Ord. 3135 §1, 2021)


Prior legislation: Ords. 2394 and 2540.