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Ord. 2014-36 amend pawn shop hours, 7-15-14ORDINANCE 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that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.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 Frd S TO FORM: eider, Cit y Attorney 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. All sales of unredeemed goods made by a pawnbroker shall be made be -Wi°°^ the he rs ^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 _a fiRea Aet to exceed $500 ... 00. Ear-m-h day sbJeh Y;8'atiA-R Shall' r_49Rt_*Aue OF be peFrAitted- -;hall -he a sepaFate (Code 1961, § 23.01.07, Ord. No. 77 -4, § 7, 4 -26 -1977) Secs. 14- 135 -14 -209. Reserved. PUBLISHER'S AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS, County of Walker I, Rita Haldeman, of the aforesaid County and State, do solemnly swear that I am the Publisher of The Huntsville Item, a daily newspaper of general circulation which has been continuously and regularly published at Huntsville, Walker County, Texas, and is a legal newspaper and the attached notice was published in said newspaper. City of Huntsville 2 consecutive/subsquent dates previous to the return day therof to wit: On 18 -Jul 2014 On 20 -Jul 2014 On 2014 On 2014 On 2014 On 2014 On 2014 On 2014 Subscribed and sworn to this 21st (Seal) Publisher day of July 2014 Notary Public, Walker County, Texas NINA HANSEN My Commission Expires January 27, 2017 7/16/2014 Print Subject: Pawn shop hours ,From: Lee Woodward (Iwoodward@huntsvilletx.gov) To: nina2hansen@yahoo.com; Date: Wednesday, July 16, 2014 8:53 AM Good morning! Could you please run this twice in the next ten days? 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. Ordinance passed and approved by the City Council of the City of Huntsville on July 15, 2014. Lee Woodward, City Secretary Lee Woodward, TRMC, CMC City Secretary City of Huntsville 936-291-5403 Iwoodward@huntsvilletx.gov 1212 Avenue M Huntsville, TX 77340 The material in this e-mail is intended only for the use of the individual to whom it is addressed and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized review, use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in error, please notify the sender by return email and destroy all electronic and paper copies of the original message and any attachments immediately. Please note that neither City of Huntsville nor the sender accepts any responsibility for viruses and it is your responsibility to scan attachments (if any). 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LEGALS LEGALS • 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. Ordinance passed and approved by the City Council ofthe City of Huntsville on July -15, 201.4. -;Lee Woodward, . City Secretary 7-18, 7-20 LEGALS LEGALS