(a) Any person doing business as a pawnbroker or secondhand dealer in bicycles, jewelry, furs or other personal property, including but not limited to, televisions, stereos, DVD players, VCRs, amplifiers, cameras, musical instruments or other personal property, including dealers in old gold, silver, platinum or other precious or semi-precious metals or precious or semi-precious stones shall every day before the hours of 12:00 Noon, or by written agreement with the Chief of Police of the Village or his designees, electronically submit and upload a true and correct report of all goods, wares, merchandise or things received on deposit, pledged, or purchased the previous day to a law enforcement web site designated by the Chief of Police.
The required information shall be provided to the web site by the proprietor or his designee and shall include the following information:
(1) Date and time when the property was received;
(2) Description of the property;
(3) Description of the individual from whom the property was received from a valid state I.D. or other picture I. D., federal I. D. or other picture I. D. shall be viewed and verified as to picture the individual by the proprietor or clerk receiving the item (s);
(4) Whether the item was purchased, taken as collateral for a loan or taken on consignment;
(5) Current address and telephone number from the individual providing the property.
(b) In the event the Village of Barboursville does not select a law enforcement web site, or if a selected law enforcement web site is dissolved or if the Chief of Police elects to discontinue utilizing the law enforcement web site, all persons doing business as pawnbrokers or second hand dealers shall continue to submit said information to the Police Department by providing a written property card. This property card shall contain the identical information provided in the electronic uploads. The time frame for submission of pawn information will remain the same.
(c) The proprietor or his designee shall have sole discretion as to receipt of merchandise for sale, trade, collateral or pawn and may refuse anyone therein services upon the suspicion that they are not the true owners of any property presented. If at any time an individual presents to the proprietor or his designee that they are transacting the business for a third party (owner) or that they have only a partial interest in said property the proprietor or his designee must refuse to transact any pawn, trade, loan or commission sale with said individual and report such incident to the Chief of Police or his designee.
(d) A law enforcement officer may at any time during an investigation require a pawnbroker, proprietor or dealer of second hand consignment goods or their personal representative to present items for inspection upon demand if officer has reasonable belief that said items were misappropriated, stolen, or taken under false pretense may confiscate the items, but must also show within thirty (30) days to the appropriate judicial authority that there is a reasonable nexus to the item as evidence of a crime even though the perpetrator may not be ascertained. Further, upon such determination by the judicial officer as to the rightful property owner and only by order of the judicial officer shall the Chief of Police or his designee insure that confiscated lems are returned per said judicial order.
(Ord. 2015-2. Passed 6-4-15.)