Sec. 7-102. Prohibited acts.

   (a)   A pawnbroker, secondhand dealer, or any employee or agent thereof shall not:

   (1)   Receive any goods, wares, merchandise or other articles that are required to be reported by this article whether on deposit, in pawn or pledge, or by purchase or otherwise from any person under the age of eighteen (18) years, or from any person who is at the time intoxicated.

   (2)   Purchase or otherwise take any goods, wares, merchandise or other articles that are required to be reported by this article without first taking reasonable steps, including requiring the pledgor or seller to produce an identification document, to ascertain that such goods, wares, merchandise or other articles are the property of the person offering to deposit, pawn, pledge or sell the same.

   (3)   Purchase or otherwise take any goods, wares, merchandise or other articles, knowing or having reason to know that such goods, wares, merchandise or other articles are stolen.

   (4)   Sell, trade, transfer, or dispose of any goods, wares, merchandise, or other articles that are required to be reported under this article until twenty (20) days after filing the report required by section 7-98. For the purposes of this section, the twenty (20) day retention period begins upon receipt of the electronic transmission of the transaction report, as approved by the chief of police.

   (5)   Sell, trade, transfer or dispose of any goods, wares, merchandise or other articles subject to a police department hold described by section 7-101 except pursuant to a court order, order of a hearing officer issued pursuant to this article, or upon receipt of a written authorization signed by any police officer.

   (6)   Purchase, receive, sell or transfer any item from which a manufacturer's serial number or model designator has been removed, altered or tampered with. These items shall be reported to the police department.

   (7)   Refuse to permit the chief of police or a designated representative to enter such business, during normal business hours, for the purpose of inspecting such goods or records.

   (8)   Fail to pay the transaction fee required to be paid by section 7-100(c) at the time so required.

   (b)   No secondhand dealer may sell, trade, transfer, purchase, receive, or otherwise take or dispose of any goods, wares, merchandise or other articles that are required to be reported under this article without first obtaining the appropriate licenses from the finance department and paying the tax imposed by section 19-85. In addition, all secondhand dealers and pawnbrokers shall attend any training required by the chief of police regarding the requirements under this article. Each attendee shall be given a copy of this article after completing such training and acknowledging receipt thereof.

   (c)   In any transaction with a secondhand dealer, no pledgor or seller shall provide false information concerning the pledgor's or seller's: name, address, phone number or rightful ownership.

(Ord. No. 4716, § 7, 11-28-77; Ord. No. 8680, § 2, 4-22-96; Ord. No. 9587, § 6, 8-6-01; Ord. No. 10254, § 5, 2-28-06; Ord. No. 10790, § 2, 5-18-10, eff. 7-1-10)

   Note: See editor's note following § 7-100.

Sec. 7-103. Violations, penalties.

Each violation of any provision of this article shall constitute a misdemeanor.

(Ord. No. 4716, § 8, 11-28-77; Ord. No. 9587, § 7, 8-6-01; Ord. No. 10254, § 6, 2-28-06)

   Note: See editor's note following § 7-100.

Sec. 7-104. Scope.

Property which is in the possession of pawnbrokers, secondhand dealers, the police department or other person, and which has all of the characteristics set forth in section 7-105, below, shall be disposed of pursuant to this article.

(Ord. No. 8680, § 3, 4-22-96; Ord. No. 9587, § 8, 8-6-01)

Sec. 7-105. Property included.

   (a)   The city has reason to believe that the property was stolen.

   (b)   The police department has possession of the property or has placed a hold on the property as set forth in section 7-101.

   (c)   No state court has before it a petition against a suspect alleged to have stolen the property.

   (d)   Two (2) or more persons are known or believed to have made, or can reasonably be anticipated to make, a claim for possession of the property.

   (e)   The city makes no claim to possession of the property.

   (f)   The property will not be required to be retained for use as evidence in any legal proceeding other than the hearing under this article and the city police department has no other lawful reason for holding the property.

(Ord. No. 8680, § 4, 4-22-96; Ord. No. 9587, § 9, 8-6-01)

Sec. 7-106. Initiation of petition.

The police department shall file a petition with a hearing officer designated by the city manager to determine ownership of the property within forty-five (45) days of the conclusion of the criminal investigation or criminal proceedings involving the property. Such petition shall set forth the following:

   (1)   The facts establishing compliance with section 7-105.

   (2)   The name and address of each person described in section 7-105(d).

   (3)   An accurate description of the property, any identifying marks or serial numbers, the police identification number(s), the location where the property is currently being held, and the person from whom seized, if the property was in fact seized.

(Ord. No. 8680, § 5, 4-22-96)