HomeMy WebLinkAbout2576 Secondhand Dealer LicenseOrdinance No. 2576
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION
5.28.010 TO INCLUDE REFERENCE TO CHAPTER 5.08 PTMC, AND
REPEALING SECTIONS 5.28.020 AND. 0:}0 REGARDING LICENSES, OF
CHAFFER 5.28, SECONDHAND DEALERS, JUNK DEALERS AND
PAWNBROKERS, OF THE PORT TOWNSEND MUNICIPAL CODE
WHEREAS, the current City Code requires that secondhand dealers, pawn brokers,
and junk dealers obtain a secondhand dealer license, as well as a business license; and
WHEREAS, although it is permissible and fairly common to have separate and
additional licenses for certain occupational businesses, the City Council desires to remedy any
confusion caused by separate licensing procedures; and
WHEREAS, such businesses would still be regulated under the Washington State
statutes regarding secondhand and junk dealers, and would still be required to obtain an annual
business license pursuant to Chapter 5.08 PTMC,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. Section 5.28.010, subsection F is hereby amended to read as follows:
Chapter 5.28
SECONDHAND DEALERS, JUNK DEALERS AND PAWNBROKERS
5.28.010 State law adopted - Enforcement responsibilities.
A. Pursuant to RCW 35.21.180, authorizing adoption of state codes by reference, the city of Port
Townsend adopts by this reference, as though fully set forth herein, the following sections of the
Revised Code of Washington, as now or hereafter amended, and the same shall be effective upon
the effective date of the ordinance codified in this section: 1. 19.60.010 Definitions;
2. 19.60.014 Fixed place of business required;
3. 19.60.020 Duty to record information;
4. 19.60.040 Report to chief law enforcement officer;
5. 19.60.045 Duties upon notification their property is reported stolen;
6. 19.60.050 Retention of property by pawnbrokers - inspection;
7. 19.60.055 Retention of property by secondhand dealers - inspection;
8. 19.60.060 Rates of interest and other fees - sale of pledged property;
9. 19.60.061 Pawnbrokers - sale of pledged property limited - written document required
for transaction;
10. 19.60.062 Attorney fees and costs in action to recover possession;
11.19.60.066 Prohibited acts - penalty;
12. 19.60.085 Exemptions.
B. Violations of the ordinance codified in this section pursuant to subdivision 11 of subsection A,
shall be punishable by a fine not to exceed $5,000 or imprisonment in jail not to exceed one year,
or by both such fine and imprisonment.
C. For purposes of this section, "law enforcement officer" includes any police officer of the city of
Port Townsend. "Political subdivision" includes the city of Port Townsend.
D. The chief of police for the city shall enforce the provisions of this section within the
jurisdiction of the city. Any and all reports, notices, and other documents required hereunder shall
be filed with the chief of police, where required to be filed with the chief of police or the county's
chief law enforcement officer under the provisions of the Revised Code of Washington adopted by
reference above.
E. All interest and other fees allowed or to be charged shall be as set forth in subdivision 8 of
subsection A of this section.
F. All persons or entities regulated by this section shall alsO obtain any other license, including but
not limited to a business license pursuant to Chapter 5.08 PTMC, or any other required permit,
and pay any other tax or fees which may be required by applicable law or by other city ordinances.
(Ord. 2576 § 1, 1997; Ord. 2017 §§ 1 - 6, 1985).
S~tlon 2. Section 5.28.020, License required, is hereby repealed.
llO~Ygl~ ~ll~t tllg O~llg ~1~111 1~111 ~1 ~1~1~[1~11 ll~lllg~ 111~ gll~ 111 ~1~ ll~lllOgl~ ~1 ~g
(Ord. 2576 ~ 2, 1997; Ord. 1047 ~ 1, 1934; Ord. 873 ~ 2, 1916).
S~tlon 3. Section 5.28.030, Application for license, is hereby repealed.
2 Ord. No.
(Ord.__ § 3, 1997; Ord. 873 § 3, 1916).
~. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the
City of Port Townsend, Washington, at a regular meeting thereof, held this 21st day of April,
1997.
Attest:
Juli~vlcCulloch, Mayor
Approved as to Form:
Pam Kolacy, City Clerk
~_~-45m%&'~Mc-'Mahan, City Attorney
04/14/97[T-5] Ord\{chS-28.doc}
3 Ord. No.