A. Regulated property is subject to the following limitations:
1. Holding period: Regulated property acquired by any dealer must be held for a period of 30 full days from the date of acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of this section because of the redeemable nature of the loans and the holding requirements of O.R.S. Ch. 726. However, if the loan is converted to a buy by the pawnbroker within 30 days from the date of the pawn transaction, the difference between the original date of the pawn and the buy will count toward the 30-day hold requirement. All other provisions of this section remain in effect.
2. Requirements of held property: All held property must remain in the same form as when received, must not be sold, dismantled, altered or otherwise disposed of, and must be kept separate and apart from all other property during the holding period to prevent theft or accidental sale, and to allow for identification and examination by the Chief of Police. Held property must be kept at the business location during this holding period so that it can be inspected during normal business hours as provided in § 5.06.100.
B. Upon reasonable belief that an item of regulated property is the subject of a crime, any peace officer may provide notice to any dealer that a specifically described item of regulated property must be held in a separate police hold area for a period not to exceed 30 days from the date of notification, and is subject to the 30 days upon notice provided to the dealer that additional time is needed to determine whether a specific item of regulated property is the subject of a crime. The dealer shall comply with the hold notice and notify the Chief of Police of the hold notice not later than 5 calendar days from the day the notice was received, either by telephone, fax, email or in person. A dealer must notify the Chief of its intent to dispose of any item of regulated property under police hold at least 10 days prior to doing so. A police hold area must meet the following criteria:
1. Located out of public view and access;
2. Marked "Police Hold"; and
3. Contains only items that have been put on police hold.
C. Any peace officer or Community Service Officer (unsworn peace officers employed by law enforcement agencies) who places a police hold on any property suspected of being the subject of a crime shall provide the dealer with a DPSST number and a valid incident number.
D. Upon probable cause that an item of regulated property is the subject of a crime, the Chief may take physical custody of the item or provide written notice to any dealer to hold such property for a period of time to be determined by the Chief, not to exceed the statute of limitations for the crime being investigated. Any property placed on hold pursuant to this division is subject to the requirements of division A.2. above, and will be maintained in the police hold area unless seized or released by the Chief. Seizure of property will be carried out in accordance with O.R.S.
E. If a dealer acquires regulated property with serial numbers, personalized inscriptions or initials, or other identifying marks which have been destroyed or are illegible due to obvious normal use, the dealer shall continue to hold the regulated property at the business location for a period of 90 full days after acquisition. The dealer must notify the Chief of Police by writing "90-day hold" next to the item on the transaction report or by an electronic means approved by the Chief. The held property must conform to all the requirements of this section.
F. If a peace officer seizes any property from a dealer, the dealer must notify the Chief of Police not later than 5 calendar days from the day the seizure occurs. The dealer must provide the name of police agency, the incident or case number, the name and DPSST number of the peace officer, the number of the receipt left for the seizure, and the seized property information. Notification to the Chief of Police may be given by telephone, fax, email or in person.
(Ord. 1386, passed 11-6-2013)