HomeMy WebLinkAboutM-81-0653ORDINANCE NO.
ORDINANCE AMENDING SECTION 28-45, ENTITLED:
" EORT OF PURCHASES OF OLD GOLD, SILVER, WATCHES,
E \RETAI
#1OF THE CODE OF THE CITY OF MIAMI, FLORIDAi
ASDED, BY NUMBERING THE EXISTING PARAGRAPH
ASND BY ADDING A NEW PARAGRAPH (b) WHICH
RES ALL COMMERCIAL OR MANUFACTURING JEWELERS,
ALERS OF SECONDHAND GOLD, SILVER OR PLATINUM,
ALCH REPAIR SHOPS, ALL WHOLESALE OR RETAIL
JES AND ALL SECONDHAND STORES WHO BUY OLD
GOLVER, PLATINUM, WATCHES OR JEWELRY TO
OBA THE TIME OF PURCHASE A FULL -FACE
PHA FROM THE SELLER OF THE ABOVE ITEMS
ANAI SAID PHOTOGRAPH FOR A MINIMUM OF 5
DAOM HE DATE OF SUCH TRANSACTION BEFORE
RENG ME TO THE SELLER; REQUIRING SAID
PUER T DELIVER THE SAID PHOTOGRAPH TO THE
CHIEF OF POL CE OR HIS REPRESENTATIVE WHO SHALL
HAVE POSSESSI N AND CONTROL OF SAID PHOTOGRAPH
FOR A PERIOD T TO EXCEED 72 HOURS, BEFORE RETURN-
ING SAME TO TH PURCHASER; DURING THE TIME THE SAID
PHOTOGRAPH IS I THE POSSESSION OF THE POLICE DEPART-
MENT IT MAY BE R PRODUCED AND MAY BE BOTH SHOWN TO
OR EXHIBITED BY 9MBERS OF THE POLICE DEPARTMENT TO
MEMBERS OF THE PUS.LIC; IF THE PHOTOGRAPH IS REPRO-
DUCED, SAID REPRODUCTION SHALL BECOME PART OF THE
PUBLIC RECORDS OF T13E CITY; CONTAINING A REPEALER
PROVISION AND A SEVtRABILITY CLAUSE.
WHEREAS, the procedureg`required by the herein ordinance
will deter unlawful disposition of certain stolen property,
the thefts of which have drasti,4:ally increased;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 28-45 of tte Code of the City of
Miami, Florida, as amended, is herebyl\amended in the following
l/
particulars:
"Sec. 28-45. Report of purchases of\old gold,
silver, watches, etc.
(a) Daily report.
All commercial or manufacturing jewelers,
all buyers of secondhand gold, silver or\platinum,
all watch repair shops, all jewelers, whd esale or
retail, and all secondhand stores in the ity, who
buy old gold, silver, platinum, watches or\jewelry
are hereby required to make a daily detaile' report
of such purchases to the chief of police or is
representative giving in the report the nam\ame
address, sex and color of the person selling
articles, and a full description of such att
including all numbers, engravings, initials,
and color of metal or articles, on a regular
to be supplied to such buyers or dealers by
chief of police or his representative.
-------------------------------------------------Underscored words and/or figures constitute t-
Bent proposed.
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t tt ,shall.. be the duty _ of every,. pet e,On_s_...,f:ittn,
oo --oration or organization making such urchasee
Ak_.eet _forth in paragraph a) of this section to
obtain at the time of such purchase a full -fate
hoto ra h of the seller of the articles, as set
x forth in paragraph a of this section, and retain
possession or control of said photograph for a mini-
mum of 5 days as hereinafter provided before return-
ing same to the seller. Within 24 hours of receipt
of said photograph, the purchaser shall deliver the
photograph to the chief of police or his represen-
r; tative who shall return the photograph to the pur-
chaser within 72 hours. During the time the photo-
graph is in the possession of the chief of police
or his representative, it maybe both reproduced
or shown to or exhibited by members of the police
department to members of the public. If the photo-
graph is reproduced, said reproduction shall become
part of the public records of the city."
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affec-
ted.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1981.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of
ATTEST:
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
T.
OBERT F. CLARK
ASSISTANT CITY ATTORNEY
. 1981.
M A Y 0 R
VED AS TO %QRM AbYD CORRECTNESS;
KNOXOXR., CIIkY ATT
4W
l:it commission
FROM rge F. Knox, Jr.
i y Attorney
SueJECT Disposition of Stolen
Property
County Ordinance No. 81-64
REFERENCES:and Proposed City Ordinance
ENCLOSURES.
On June 12, 1981, the following Dade County Ordinance became
effective: Ordinance No. 81-64, entitled "ORDINANCE REPEALING
SECTION 21.29 OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA,
IN ITS ENTIRETY, AND RE-ENACTING SECTION 21.29 DEALING WITH REGU-
LATION OF THE OPERATION OF SECONDHAND DEALERS WITHIN THE COUNTY;
PROVIDING DEFINITIONS; REQUIRING THE KEEPING OF CERTAIN RECORDS;
SPECIFYING A HOLDING PERIOD; PROVIDING FOR REPORTS TO POLICE AND
INSPECTION OF RECORDS; PROHIBITING CERTAIN ACTS AND PRACTICES;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE".
This ordinance provides that it "shall apply to both the incorpor-
ated and unincorporated areas, and in the unincorporated areas shall
be enforced by the county and in the incorporated areas shall be
enforced by the municipalities unless the county is notified by any
municipality, in the form of a resolution of the governing council
or commission that it is desirous of having the county enforce this
chapter in which event enforcement within the incorporated areas
shall be by the county.".
Chief Harms and the City Manager are receiving a copy hereof with
the request that the item be placed on the Agenda of the June 25th
City Commission Meeting as a discussion item. We have prepared the
attached ordinance which provides that any purchaser of certain items
be required to obtain a full -face photograph of the seller of such
items and make the same available to the Police Department. You
will then be able to consider the policy to be followed with respect
to this matter.
GFK/RFC/rr
cc: Howard V. Gary
City Manager
Kenneth I. Harms
Chief of Police
41
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i�1gdhda teffi iIC t (e)
6-2-81
8 s
ORDINANCE N
09DINANCE REPEALING SECTION 21.29 OF THE CODE
OFMETROPOLTIAN DADE COUNTY, FLORIDA, IN ITS
ENTIRETY, AND RE-ENACTING SECTION 21.29 —
DEALING WITH REGULATION OF THE OPERATION OF
'
SECONDHAND DEALERS WITHIN THE COUNTY;
}
PROVIDING DEFINITIONS; REQUIRING THE KEEPING
OF CERTAIN RECORDS; SPECIFYING A HOLDING
PERIOD; PROVIDING FOR REPORTS TO POLICE AND
INSPECTION OF RECORDS; PROHIBITING CERTAIN
ACTS AND PRACTICES; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE
COUNTY, FLORIDA:
Section 1. Section 21.29 of the Code of Metropolitan
Dade County, Florida, is hereby repealed in its entirety and is
hereby re-enacted as follows:
Sec. 21.29. Secondhand Dealers.
A. Definitions.
(1) Secondhand Dealers: for the
purpose of this ordinance, the term
"Secondhand Dealers" shall mean any person,
firm, corporation or partnership engaged in
the business of buying, selling, bartering,
exchanging in any manner at retail or
wholesale or otherwise dealing for profit in
secondhand goods as defined in Section (2)
hereof, whether or not at a fixed place of
business. Such term shall include
pawnbrokers and all dealers who buy, trade or
sell or who make loans of money upon the
deposit or pledge of any secondhand goods.
Provided, however, that nothing in this
ordinance shall apply to:
(a) Registered religious or charitable
organizations selling reconditioned
or used articles;
(b) Licensed garage sales;
(c) Any person whose primary business
is dealing in gold or silver coins
if such business is licensed
pursuant to law or ordinance.
(2) Secondhand Goods: for the purposes
of this ordinance, "Secondhand Goods" shall
mean personal property previously owned or
used which is not purchased or sold as new
and shall include, but shall not be limited
to, items containing gold, silver, platinum
or other precious metal; jewelry, diamonds,
gems, and other precious stones; audio and
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Aqe-nda item No. 2 (e)
Page No. 2
video electronic equipment, including but not
limited to, television sets, radios,
amplifiers, receivers, turntables, tape
recorders, video tape recorders, speakers and
citizens band radios; photographic equipment,
including but not limited to cameras, lenses,
electronic flashes, tripods and developing
equipment; machinery, tools, electric motors,
calculators, tires, hub caps, musical
instruments, typewriters and firearms.
B. Records of Transactions To Be Kept.
Every secondhand dealer shall keep a
record approved as to type and form by the
public safety director. The record shall be
clearly and legibly written in ink in the
English language at the time of each
acquisition and shall contain an accurate and
true description of each article purchased,
bartered, exchanged or received, including a
notation as to any indentifying markings or
characteristics such as serial numbers; the
amount of money or other consideration loaned
thereon or paid or given therefor; the date
and time of the acquisition of such article
by the secondhand dealer; the true name of
the person dealt with, as nearly as known, as
well as such person's signature and
thumbprint, place of residence, sex, age,
height, weight, build, color of hair, color
of eyes, complexion and reasonable proof of
identification by an exhibition of a driver's
license or other picture identification or
other reliable means of identification. The
record shall contain the type of
identification exhibited, the issuing agency,
and the number thereon. For purposes of this
�.. ordinance, credit cards, social security
cards, handwritten identification cards and
non -photo I.D. shall not constitute
acceptable I.D. No entry made in such record
shall be erased, obliterated or defaced.
Every secondhand dealer shall deliver to the
office of the public safety director a
complete and correct copy of said record
within forty-eight (48) hours of the date of
acquisition of items covered under this
ordinance.
C. Holding Period.
(1) Items containing gold, silver,
platinum or other precious metal and jewelry,
diamonds, gems and other precious stones
shall be held by secondhand dealer for a
period of fifteen (15) days prior to sale,
exchange or other disposition thereof. All
other property covered by this ordinance
acquired in the course of a secondhand
dealer's business shall be held for a period
of thirty (30) days prior to disposition
thereof; provided, however, that the
provisions of this subsection shall not be
applicable when the person known by the
secondhand dealer to be the true owner of any
article desires to redeem, repurchase or
recover such article at any time within the
required hold period. The secondhand dealer
shall keep a record of the proof of ownership
presented by the true owners.
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t�amicaed
pane No. 3
y
(2) if a police officer has probable
cause to believe that an item acquired by a
secondhand dealer in the eourse'of his
business is the subject of a criminal
°
investigation, such police officer may apply
to a court of competent jurisdiction for an
order which would prohibit the release of
'y
such property for a period of sixty (60)
days. Upon release of such property, the
secondhand dealer shall keep a record of the
disposition thereof.
D. Inspection of Premises and Records.
Any law enforcement officer shall, upon
authorization of the public safety director
or his designee, have the right to inspect
during normal business hours the records
required to be kept by this ordinance.
E. Certain Acts and Practices Prohibited.
Each of the following acts of either a
secondhand dealer or any of his or her
employees is hereby declared to be unlawful
and shall subject the person convicted
thereof by a court of competent jurisdiction
to the penalties prescribed by section 1-5,
Code of Metropolitan Dade County:
(1) Knowingly purchasing or otherwise
acquiring any article covered by
this ordinance from (a) any person
under the influence of drugs or
alcohol or (b) any minor unless
said minor has the written consent
of his or her parent or guardian or
(c) any person using a name other
than his own.
(2) Refusing, denying or interfering
with the lawful inspection of the
records required to be kept by this
ordinance by a police officer.
(3) Disposing of any property covered
by this ordinance contrary to the
provisions of this ordinance.
(4) Failing or neglecting to comply
with any applicable provision of
this ordinance.
F. Applicability and Enforcement.
This chapter shall apply to both the
incorporated and unincorporated areas, and in
the unincorporated areas shall be enforced by
the county and in the incorporated areas
shall be enforced by the municipalities
unless the county is notified by any
municipality, in the form of a resolution of
the governing council or commission that it
is desirous of having the county enforce this
chapter in which event enforcement within the
incorporated areas shall be by the county.
(o)
Section 2. If any section, subsection, sentence, clause or
Provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
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taftif ''this ordinance ahall baeeffte atd be made a part of the Cdde of �
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