HomeMy WebLinkAboutOrdinance 12-2011Ordinance No. 12 -1 1
An Ordinance Amending Article IV. of Chapter 26 of the Code of
Ordinances of the City of Brookings to establish additional regulations
pertaining to Pawnbrokers in the City of Brookings, South Dakota.
Be It Ordained and enacted by the Council of the City of Brookings, State of South Dakota, as
follows:
Article IV of Chapter 26 of the Code of Ordinances of the City of Brookings is amended as
follows:
Sec. 26 -151. Definitions
The term "Pawnbroker" means any person who loans money on deposit or pledge of personal
property or other valuable thing, or who deals in the purchasing of personal property or other
valuable thing on condition of selling the same back again at a stipulated price, or who loans
money secured by chattel mortgage on personal property and by taking possession of the
property or any part thereof so mortgaged.
Sec. 26 -152. License.
(a) Required. It shall be unlawful for any person to engage in business as a pawnbroker within
the city without first obtaining a pawnbroker's license.
(b) Issuance. The provisions of this chapter, insofar as such provisions may be applicable and not
in conflict, shall apply to and govern the issuance of any license issued under the provisions of
this article.
Sec. 26 -153. Records required.
(a) All pawnbrokers within the city shall keep a record of all loans made and of all articles
received by them as security, on consignment or by purchase, and shall make and maintain, on
forms prescribed or approved by the chief of police, a record of all such regulated transactions.
(b) Such records shall specifically identify the following information:
I. The name of the person from whom the property is purchased or received;
2. His or her place of residence;
3. His or her date of birth;
4. The date of the transaction;
5. Each article purchased or received;
6. If available, the manufacturer's name, style, model number, serial number,
engraved initials or other identifying marks of the article purchased or received;
7. The date when the article is to be redeemed; and
8. The record shall also include any other information required by the forms
approved by the chief of police.
(c) Every pawnbroker shall also record the date of disposition or redemption from pawn of the
article or any part or portion thereof. The disposition report shall be located at the same place
where the receiving records of the article are located.
(d) It is a violation of this ordinance if any pawnbroker fails to keep the records or fails to make
the required entries therein, or shall intentionally or knowingly makes any false or unintelligible
entry, or any entry which the pawnbroker has reason to believe is untrue, or who fails to make
the inquiries necessary to enable the pawnbroker to make the required entries, or who fails to
produce the pawnbroker's records when requested by a law enforcement officer during
reasonable business hours, or who destroys or willfully permits the records to be destroyed or
lost. The records required by this section shall be maintained for 1 year after the date of
purchase or receipt of an article, and shall be made available for inspection during reasonable
business hours.
Sec. 26 -154. Access to records.
All records kept by pawnbrokers within the city shall be open to inspection by the city police,
county sheriff or other authorized law enforcement officer during reasonable business hours. A
copy of the records required by Section 26 -153, on the prescribed or approved form, shall be
furnished by the pawnbroker or its agent to the law enforcement officer upon request. In
addition, a pawnbroker shall produce and show any article pledged in connection with any loan.
Sec. 26 -155. Holding period for pawned articles.
Every article of any kind or description which is taken in pawn by a pawnbroker shall be held by
the pawnbroker for a period of 40 days, during which time the same shall not be shown either
for sale or for inspection, to any person, other than a law enforcement officer.
Sec. 26 -156. Hold orders — effect.
The chief of police or any authorized law enforcement officer may, by written order, require a
pawnbroker to hold any specified article or articles deposited with or in custody of the
pawnbroker for purposes of further investigation by law enforcement, when the item or items
are believed to be stolen. A hold order shall remain in effect for a period of 30 days
commencing the day on which the hold order was delivered to the pawnbroker. A hold order
shall supersede the provisions of Section 26 -155 and no sale or other disposition may be made
of the article or articles while the hold order remains in effect, unless released by the officer
issuing the hold order.
Sec. 26 -157. Inspection — Police Department's authority.
The chief of police or the chief's designee shall have the power and authority to prescribe the
form to be kept for purposes of this ordinance. No pawnbroker or any other personnel shall
refuse, resist or attempt to prevent any law enforcement officer from examining the licensed
premises occupied by the pawnbroker where property is stored, during reasonable business
hours, for the purpose of reviewing the pawnbroker's records or investigating stolen property.
All ordinances in conflict herewith are hereby repealed.
First Reading: May 10, 201 1
Second Reading and Adoption: May 24, 201 1
Published: May 27, 20I I
CITY OF BROOKINGS, SD
I
Tim Reed, Mayor