ORD CC 04/26/77 - Amending Ch 13B - PawnbrokersORDINANCE NO. 77 -4
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,
BY REPEALING PRESENT CHAPTER 13 -B, KNOWN AS THE PAWNBROKERS ORDINANCE,
PROVIDING FOR LICENSING REQUIREMENTS OF PAWNBROKERS, BOND REQUIREMENTS,
FORM OF BOOKS AND RECORDS, PAWN TICKET, UNREDEEMED PLEDGED GOODS, LOST
OR DESTROYED TICKETS, INSPECTION OF RECORDS AND ARTICLES, DAILY LISTS
OF PURCHASES TO BE FURNISHED TO POLICE, AND PROVIDING FOR A PENALTY
FOR VIOLATION THEREOF; AND BY ADDING A NEW CHAPTER 13 -B, PROVIDING FOR
THE REGULATION OF PAWNBROKERS AND PAWN SHOPS, SALE OF UNREDEEMED GOODS,
REPORTING SALES OF UNREDEEMED GOODS TO THE CHIEF OF POLICE, DAILY LISTS
OF PURCHASES TO BE FURNISHED TO THE CHIEF OF POLICE, THE RESPONSIBILITY
OF OWNERS FOR EMPLOYEES OR AGENTS, AND PROVIDING FOR A PENALTY FOR
VIOLATION THEREOF.
BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
THAT:
Present Chapter 13 -B of the Code of Ordinances of the City of Huntsville,
Texas, known as the Pawnbrokers Ordinance, providing for licensing
requirements of pawnbrokers, bond requirements, form of books and records,
pawn ticket, unredeemed pledged goods, lost or destroyed tickets,
inspection of records and articles, daily lists of purchases to be
furnished to police, and providing for a penalty for violation thereof,
be repealed in its entirety.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
THAT CHAPTER 13 -B OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,
TEXAS, IS ADDED AS FOLLOWS:
Section 1. Definitions.
For the purposes of this chapter, the following definitions apply
where such words appear in this chapter:
(a) PERSON -means an individual, partnership, corporation, joint
venture, trust, association, or any other legal entity
however organized.
(b) PAWNBROKER -means any person engaged in the business of lending
money on the security of pledged goods; or engaged in the
business of purchasing tangible personal property on condition
that it may be redeemed or repurchased by the seller for a
fixed price within a fixed period of time.
(c) PLEDGED GOODS- means tangible personal property other
than choses in action, securities, or printed evidences
of indebtedness, which property is deposited with or
otherwise actually delivered into the possession of a
pawnbroker in the course of his business in connection
with a pawn transaction.
(d) PAWNSHOP- means the location at which or premises in
which a pawnbroker regularly conducts business.
(e) MONTH- means that period of time from one date in a
calendar month to the corresponding date in the following
calendar month, but if there is no such corresponding
date, then the last day of such following month, and
when computations are made for a fraction of a month, a
day shall be one - thirtieth of a month.
(f) CHIEF OF POLICE -means the Chief of Police of the City of
Huntsville, Texas, or the person designated by him to act
in his stead for the purpose of this chapter.
Section 2. Compliance with Chapter.
All persons managing, owning, maintaining or doing a pawnbrokering
business in the City of Huntsville shall comply with the terms of
this Chapter.
Section 3. Sale of Unredeemed Goods
All sales of unredeemed goods made by a pawnbroker shall be made
between the hours of 7:00 A.M. and 7:00 P.M. No sales shall be made
upon Sunday.
Section 4. Same - Report.
When a sale of unredeemed articles has been made, the pawnbroker
shall, within five (5) days thereafter, file with the Chief of Police
a report in writing and under oath, the following:
(a) The time and place of such sale.
(b) A full description of the property sold and by whom deposited
(c) By whom purchased and the amount for which each article
was sold.
Section 5. Daily list of Purchases to be Furnished to Police.
All pawnbrokers shall furnish to the Chief of Police a full and
complete list each day of every article taken in pawn or bought by
such dealers, giving a full description of same, maker, marks, number,
brand, monogram or letter of any kind on such article so pawned or
bought by such dealer, together with the name and address of the
person from whom such article was secured. Any such dealer refusing
or failing to furnish such list shall be deemed guilty of a violation
of this section.
Section 6. Responsibility of Owners, etc. for Employees or Agents.
Any owner, manager or operator of any pawnbroking business whose
employees or agents fail to observe any of the provisions of this
chapter shall be equally guilty with the offender and subject to the
same penalties.
Section 7. Penalty
Any person who violates any provision of this article shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be punished
by a fine not to exceed two hundred dollars ($ 200.00). Each day such
violation shall continue or be permitted, shall be a separate offense.
Section 8. Invalidating Clause
If any provision, section, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any
person or set of circumstances, shall for any reason be held unconsti-
tutional, void or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end, all provisions
of this ordinance are declared to be severable.
PASSED AND APPROVED IN OPEN COUNCIL BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, ON THIS THE ,96y4 DAY OF
A.D. 1977.
44e(
h eSHAW, CI Etp,ARY
RTI D. COLLEY, CITY ATT. EY
MORRIS I. WALLER, MAYOR