Ordinance 2014-36 - Amend pawn shop hours ORDINANCE NO. 2014-36
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES,
SPECIFICALLY CHAPTER 14 "BUSINESSES AND BUSINESS REGULATIONS"; PROVIDING FOR A
PENALTY; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 14 'BUSINESSES AND BUSINESS
REGULATIONS" provides for the regulation of certain activities such as pawnbroker businesses
for the health, safety and public welfare of the City's residents:
WHEREAS, the City of Huntsville, as a home rule city may regulate this activity pursuant to its
broad powers of self-government; and
WHEREAS, City Council finds it necessary to amend its existing regulations of these activities to
protect the health and public safety; and
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 14 to
help promote the health, safety and welfare of its residents;
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting
the same at the place reserved and designated for notices of public meetings and public
activities and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true
and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 14 "BUSINESSES AND BUSINESS REGULATIONS",
Article IV"Pawnbrokers" is hereby amended by amending Sections 14-129; 14-130; and 14-134 and shall
read as follows as shown on the attached Exhibit"A".
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional.
SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of
passage by the City Council,as provided by Article 4.14 of the Charter of the City of Huntsville,Texas.
PASSED AND APPROVED on this 15th day of July 2014.
THE CITY OF HUNTSVILLE
Mac Woodward, Mayor
TT T: APPR V AS TO FORM:
Le oodward, City Secre ary L rd Schneider, City Attorney
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Exhibit "A"
Chapter 14 "Businesses and Business Regulations"
Article IV. Pawnbrokers
Sec. 14-128. Definitions.
The following words, terms and phrases,when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Chief of police means the chief of police of the city, or the person designated by the chief of police to act
in the chief of police's stead.
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 not 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 1/30 of a
month.
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.
Pawnshop means the location at which or premises in which a pawnbroker regularly conducts business.
Person means an individual, partnership, corporation,joint venture, trust, association or any other legal
entity, however organized.
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.
(Code 1961, §23.01.01; Ord. No. 77-4, §1, 4-26-1977)
Sec. 14-129.Compliance with division.
All persons managing,owning, maintaining or doing a pawnbroking business in the city shall comply with
the terms of this division and with Chapter 371 of the Texas Finance Code as amended.
(Code 1961, §23.01.02, Ord. No. 77-4, §2, 4-26-1977)
Sec. 14-130.Sale of unredeemed goods—Sales hours.
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All sales of unredeemed goods made by a pawnbroker shall be made be-Witee^the heurs^f':^^a.m.
Sunday. during the hours specified by Chapter 371 of the
Texas Finance Code as amended.
(Code 1961, §23.01.03;Ord. No. 77-4, §3,4-26-1977)
Sec. 14-131. Same—Report of sale.
When a sale of unredeemed articles has been made,the pawnbroker shall, within five days thereafter,
file with the chief of police a report, in writing, containing the following information:
(1) The date of sale.
(2) A full description of the property sold and by whom deposited.
(3) The amount for which each article was sold and by whom purchased.
(Code 1961, §23.01.04; Ord. No. 77-4, §4,4-26-1977,*Ord. No. 78-2, 2-28-1978)
Sec. 14-132. 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 division.
(Code 1961, §23.01.05; Ord. No. 77-4, §5, 4-26-1977)
Sec. 14-133. Owners,etc.,responsibility 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 division shall be equally guilty with the offender and subject to the
same penalties.
(Code 1961, §23.01.06; Ord. No. 77-4, §6, 4-26-1977)
Sec. 14-134. Penalty.
Any person who violates any provision of this division shall be deemed guilty of a misdemeanor and,
upon conviction, shall be punished as provided by Section 1-11 of the Huntsville Code of Ordinances.by
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(Code 1961, §23.01.07, Ord. No. 77-4, § 7, 4-26-1977)
Secs. 14-135-14-209. Reserved.