The URL can be used to link to this page

Home My WebLink AboutOrdinance 1384 ORDINANCE NO. 1184 Be it ordained by the City Counèil of the City of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE The regulations as herein established have been made for the purpose of defining and regulating the operation of pawnbrokers, junk dealers, and second hand dealers in the City of North Richland Hills. The intent of the regulations, prohibitions and provisions is to prevent sai d establ i shments from servi ng to facil itate the di spositi on of stol en property and protect the general publ i c from the consequences arising from unregulated establishments. ARTICLE 2. DEFINITIONS For the purpose of this Article the following words and phrases shall have the meaning respectively ascribed to them by this section: SECTION 1. (A) Pawnbroker: The term pawnbroker is used in it's ordinary and usual trade acceptance meaning, and shall include any person who loans money secured by any personal property which is left as security with the person making the loan. (B) Junk Dealer: The term junk dealer is used in it1s ordinary and usual excepted meaning and shall also mean and include any person engaged in any of the following: Collecting, handling, buying and selling of scrap iron, scrap ti n, scrap brass, scrap copper, scrap 1 ead, or scrap zinc and all other scrap metals and their alloys, second hand mechani ca 1 and garden tools and utens il s , used or second hand plumbing fixtures, appliances, fittings, pipes and supplies, used or~ seco~d hand electrical fixtures, fittings, appliances and supplies, use d 0 r s e con d h and gas fix t u re s, fit tin g s, a p p 1 i an c e s and supplies, used or second hand water heaters, fixtures, fittings, pipes and supplies, used or second hand doors, window sash or glass, mantels or parts thereof, used or second hand automobiles purchased for the purpose of bei ng di smante 1 ed, and all automobil e parts and accessories, and used or second hand tires and tubes. , I"" , (C) Second Hand Dealer: The term second hand dealer is used in it's ordinary and usual trade acceptance meaning, and shall also mean and include any person engaged in any of the following: Collecting, handling, buying, trading, selling or engaging in the sale or traffiking in any of the fo 11 owi ng: Used or second hand wearing apparel consisting of hats, shoes, overcoats, raincoats and any and all kinds of clothing; used or second hand watches, jewelry, diamonds, luggage, musical instruments, shotguns, rifles, revolvers, and all other kinds of firearms; and any and all kinds of used goods, wares, and merchandise which are handled by pawnbrokers and second hand dealers in the usual course of trade. (D) Minor: An individual younger than seventeen (17) years of age. ARTICLE 3. PAWNBROKERS, SECOND HAND DEALERS, JUNK DEALERS SECTION 1. License Requirements. No pawnbroker, second hand dealer, or junk dealer shall transact or engage in business within the City unless or until he shall have obtained an annual license, therefore, which license may be procured by complying with the following provisions: (A) Application: Information to be Shown. An applicant for a license shall make request therefore in writi ng addressed to the City Secretary which application shall contain the name, res i dence and street number and such other reasonable information as will identify such applicant, together with the classification of such applicant, in case of firm or corporation, in which event the application shall show the individual members of the partnership and officers of the corporation. , (8) Application to Contain Provision Relative to Compliance with Ordinances. The license hereby applied for shall be subject to all the provisions and regulations of this code and other ordinances of the City related to junk dealers, second hand dealers and pawnbrokers. " (C) License Fees. The annual license fee for licenses under this section shall be one hundred dollars ($100.00), paid in advance. (0) Application to be Signed and Sworn to. Such application shall be signed and sworn to by the person applying therefore before some officer authorized by law to administer oaths. (E) Issuance of License. Each appl i cati on sha 11 be presented to the City Secreta ry, who sha 11 issue a 1 i cense to the applicant upon compliance of the applicant with the terms of this article. SECTION 2. License to be Available for Inspection. Every pawnbroker, second hand dealer and junk dealer, while engaged in the operation of his business, shall h a ve po s t e d and a va i1 a b 1 e for ins p e c t ion a tall time s his license to engage in such business. SECTION 3. Use of License £y Another Prohibited. No pawnbroker, second hand dealer or junk dealer shall assign or knowingly permit his license to be used by another, and no person shall use the license of any such dealer except his own, in disposing of junk or merchandise as enumerated in this article. SECTION 4. Records Required. All pawnbrokers, second hand dealers or junk dealers as defined in Article 2, doing business or offering to do business in the City shall at all times keep on hand records in which shall be legibly written by the dealer at the time of any such transaction, an accurate description in the English language of the article purchased by or depos ited with the pawnbroker, second hand dealer or junk dealer, the serial number of same if available, the amount of money paid for the same or loan thereon; the date and time of purchase or deposit; the name, age, sex, signature, residence and race of the person selling or depositing such article; the source and place from which said article came or was obtained by the seller or depositor, as recorded by the issuing the license and the number of the license of the automobile in which such article was delivered to such dealer. '" A junk dealer, second hand dealer or pawnbroker shall obtain from each seller or depositor of any property, and insert in the registration book, the number of the current Texas driver's license of such person and date it expires. If, for any reason, the seller does not possess a current Texas driver's license, other identification and the reason for not possessing a Texas driver's license shall be set forth in the registration book together with the seller's, or depositor's, thumb print plainly and clearly in ink opposite his name in the records of the dealer or pawnbroker. The taking of a thumb print shall not be applicable to transactions wherein a licensee shall purchase from a person having a valid license or permit to transact and engage in a lawful business or occupation, whether such license or permit be issued by the city, the state or the United States of America (including a limited sales tax permit from the State of Texas) and in such transaction the identification of the seller of the junk or merchandise shall be deemed sufficient if the 1 i censee shall make a notati on of the type and number of such license or permit. The requirement for the taking of a thumb print by a junk dealer or second hand dealer shall not be applicable in any transaction wherein the junk dealer or second hand dealer purchases merchandise or material from a householder in the City when such householder sells or delivers the merchandise to the junk dealer or second hand dealer at the residence of the householder, and in such cases, the identification required shall be sufficient that the licensee shall make a record showing the name and address of the householder and the address where the merchandise was purchased by the licensee. SECTION 5. Identification of Merchandise. Each lot, sack, barrel 1 , box or other container of junk or other merchandi se purchased by or depos ited with licensee hereunder shall be kept intact and have written or stamped in a conspicuous place either on the conta i ner thereof, or if no container on one of the articles, the serial number of the report made as set out in the preceding section, which number shall at all times be kept plain and legible. Such number shall be affixed on every second hand article by means of a tag on which is the report of sale and purchase required by the preceding section. .. SECTION 6. Period Articles to be Held Before Resale. --- Each lot of junk and each second hand article shall be retained in it's original form, shape and condition for a period of ten (10) days after such purchase or deposit, during which time no part of such junk or other merchandi se shall be sold or permi tted to be redeemed or removed from the place of business of such dealer. SECTION 7. Purchases with Manufacturer's Brand or Serial Number Obliterated Prohibited. No pawnbroker, second hand dealer, or junk dealer shall purchase or receive for deposit or have in his possession any article, junk or second hand article except small metal articles bought in bulk with other scrap metal, from which the manufacturer's serial number or brand has been removed or obliterated. SECTION 8. Inspection of Purchased Items. Each article purchased by or deposited with any pawnbroker, second hand dealer or junk dealer shall at all reasonable times be open to inspection by any member of the Pol ice Department of the Ci ty of North Richland Hills. SECTION 9. Purchases from Minors. No pawnbroker, second hand dealer or junk dealer shall purchase or recei ve in pledge or on depos i t for any purpose any article from any minor or which may be owned or claimed by or in the possession of or control of any minor unless the parent or guardian of the minor shall state in writing that such transaction took place with such parent or guardian's full knowledge and consent, which written statement shall be signed by the parent or guardian and have thereon the address and telephone number, if any, of such parent or guardian. SECTION 10. Hours of Operation. Its ha 11 be un 1 awfu 1 for any pawnbro ker, second hand dealer or junk dealer to operate between the hours of 9:00 P. M. and 7:30 A. M. SECTION 11. Penalties; Civil Remedies, License Forfeiture. (A) Penalties: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined as provided in section 12; each day such violation continues shall constitute a separate and distinct offense. r (8) Civil Remedies: In case of any willful violation of any of the terms and provisions of this ordinance, the city, in addition to imposing the pen a lti es above provi ded, may institute any appropriate action or proceeding in any court havi ng proper juri sdi ction, to restrai n, correct or abate such vi 01 ati ons; and the defi niti on of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the city from i nvoki ng the ci vil remedi es gi ven it by the 1 aws of the state, but same sha 11 be cumul ati ve and subject to prosecuti on as herei nabove prescri bed for such violations. (C) License Forfeiture: Each day's engaging in the business regulated by this ordinance without the payment of the fee due thereon, and procuring a receipt, or license, therefore and each day IS failure to comply with any of the other provisions of thi s ordi nance, sha 11 constitute a separate offense, and the provi s ions hereof, sha 11 upon convi cti on be pun i shed therefore as herei nabove provided; provided, the court trying said cause shall have the right and power upon conviction of any person for violation of any of the provisions of this ordinance to decree, and to make the same part of the judgment in such cause a forfeiture of such license as such person may have procured hereunder. However, in the event of such forfeiture of license, no part of such license fee as may have been so paid shall be refunded to such person, and no further license shall be issued to such person for the remaining period of such license year under this chapter. SECTION 12. Fines. Any person, firm or corporation violating anu portion of this ordinance shall be guilty of a misdemeanor and may be fined not less than ten dollars ($10.00), nor more than one thousand dollars ($1,000.00). II'" SECTION 13. Severance Clause. Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the Ci ty Counci 1 of the Ci ty of North Richland Hills, and each said provision would have been separately passed without any other provision, and if any provision hereof should be ineffective, invalid, or unconstitutional for any cause, it shall not impair, nor affect the remaining portion nor any other part thereof, but the valid portion shall be enforced just as if it had been passed alone, and all ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect and be in force from and after itls passage and publication as provided by law. PASSED AND APPROVED THIS THE 28th DAY OF JULY , 1986 ~~ Mayor ATTEST: ')--/0/ J)' / (z:,-. Ji~nette Rewis~ ) j/ - (:-{.:.~¿ ¿ {. (<::> Cl ty Secretary APPROVED AS ~~ /¡;; Attorney {/ - t;¿L/2 "' LEGAL AFFIDAVIT ORDINANCE NO. 1384 :,~~~o,1~~N~~ ~~~~~1 ~ì~~E8J1I.A 11N<3, THe OPEÀA- ~::'D R~~tll~~~~~R~~g>I~~rT?;GA i~~~1~~g ~,~~~~~ ilf~~~~~~~EO~ANii CONVICTION THEREOF SHAll BE · 0 UPON lESS THAN TEN Döl:lÂRS ($1òoo)~~~bNAtTSUM NOT THOUSAND DOllARS ($1 000 00)· EA ' HAN ONE , ~~;Aii~=g!H:~~~~~f{,~~~~g~1~~~;~} 'ClUDE THECITYOFNO~-MI~?6~éANOR SHAll NOT PRE- iHi~~g;Th\iii:rt;~1ii ~~gv~~~~'~~Att~:T~ F~mIH~~:cROVÔING T~~'"¥ b~~t~~~g ~ré:vJ~~g':'6~~FITS ADOPTlõ,.,A:~£)E:~~f~ ~':~h~:yå~f~~~~~~èJ~e City CounCil òf North Richland Hills Attest: /s/ Jeanette Rewis City 'Secretary Approved: /s/ Dan Echols MayClr Approved as,tó form and legality: ,Is/Rex MCEntire Attorney MCDN,CPN #611 PUB.: 7130/86 THE STATE OF TEXAS: COUNTY OF TARRANT Before me, the undersigned authority on this day pel peared Virginia Rankin known to me to be a credible I flllt being sworn, deposed and upon her oath said: That she is the C.A.D. of the Mid-Citi~s Daily, a newspa- per which has been regularly and continuously published and of general circulation in the City /Town of Hurst , for a period of more than one year next preceding the first publication of the attached legal and that he caused said notice to be published in said newspaper on the following date(s). 7/30/86 That the attached is a true and correct copy of said notice as published on said date(s) in said the 31st day of JUly Sworn to and subscribed before 193.2.-. \h. ~ ~ Notary Public, County, Texas