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Proposed regulations for resale businesses

Proposed regulations for resale businesses

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Published by MNCOOhio
Like a closer look at details on the city’s proposed regulations for pawnshops and secondhand dealers? It’s in the legislation Mansfield City Council looked at Tuesday. Bills No. 39 and 40 would regulate the two types of resale businesses. The city’s proposed contract for a database that would be used to chase down stolen items can be found in Bill #38.
Like a closer look at details on the city’s proposed regulations for pawnshops and secondhand dealers? It’s in the legislation Mansfield City Council looked at Tuesday. Bills No. 39 and 40 would regulate the two types of resale businesses. The city’s proposed contract for a database that would be used to chase down stolen items can be found in Bill #38.

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Published by: MNCOOhio on Feb 19, 2014
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CAUCUS & COUNCIL - VOTE

BILL #14-031 BY: ALL MEMBERS OF COUNCIL

RESOLUTION # ____________________

Honoring Lieutenant Michael H. Higgins upon his retirement from the Mansfield Division of Police. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That this Council, on behalf of the government and the citizens of the Mansfield community, is privileged to honor and pay tribute to Lieutenant Michael H. Higgins upon his retirement, effective February 15, 2014, after more than twenty-five (25) years of service with the Mansfield Division of Police. Lieutenant Michael H. Higgins was appointed to the department on February 21, 1989, and promoted to Sergeant on July 14, 2000, and to Lieutenant on October 18, 2005. The majority of his career has been served in the Community Services Bureau’s Patrol Section and Traffic Section. He also supervised the Community Policing Section, Safety Town, Mock Crash Events, special details, and parades, and was the Field Training Officer for twenty-five probationary police officers. He most recently served as the Commander of the First Shift Patrol Section including the Traffic Section. Lt. Higgins has been the department’s primary Accident Reconstructionist responding to numerous serious accidents, and serves on the State Planning committee for the 2016 Highway Improvements. He is a graduate of the Police Executive Leadership College. Lieutenant Michael H. Higgins is known for his hard work, dedication, and positive attitude toward his work and co-workers. He has consistently demonstrated a high degree of skill, integrity, and perseverance in his job. His retirement represents a loss to the Mansfield Division of Police and the citizens of this community and culminates a career that has exemplified the best qualities of a law enforcement professional. We extend to him our congratulations upon his retirement and our heartfelt thanks for his many years of loyal service. SECTION 2. That this Resolution shall take effect immediately.

PASSED

18 February, 2014

SIGNED

/s/ Phillip E. Scott President

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED

/s/ Timothy L. Theaker Mayor

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio ______________________________________ Michael N. Hill III ______________________________________ Jon Van Harlingen ______________________________________ Ethel M. Hightower ______________________________________ Cliff Mears ______________________________________ Timothy L. Theaker ______________________________________ John R. Spon

_______________________________________ Phillip E. Scott _______________________________________ Jeff Rock _______________________________________ Sammie J. Dunn Jr. _______________________________________ Garnetta Pender _______________________________________ Ellen Haring _______________________________________ Lori Cope
 CAUCUS & COUNCIL - VOTE

BILL #14-032 ORDINANCE#_________________ ___ BY: MRS. HARING

Authorizing the payment to the Village of Lucas in the amount of Twelve Thousand Eight Hundred Seventy-five Dollars ($12,875) by affirming a Then and Now Certificate of the Finance Director, and declaring an emergency. WHEREAS, the Community Development Department had an agreement to reimburse the demolition of property through the Moving Ohio Forward Grant prior to submission of a purchase order therefor to the Finance Department in the amount of Twelve Thousand Eight Hundred Seventyfive Dollars ($12,875), and WHEREAS, R.C. 5705.41(D)(1) provides that the payment of Three Thousand Dollars or more on a contract or order made by a municipality without a certificate of available funds being attached at such time must be authorized by the legislative authority after the fiscal officer subsequently certificates that the funds were available at the time the contract or order was made and that such funds are still available. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That this Council does hereby affirm the Then and Now Certificate issued by the Finance Director relating to the request and receipt by the Community Development Department for an agreement for reimbursement for the demolition of property from the Village of Lucas prior to a purchase order therefor being submitted to the Finance Department, and authorize the Finance Director to issue her warrant to the Village of Lucas in the amount of Twelve Thousand Eight Hundred Seventy-five Dollars ($12,875) from funds heretofore appropriated in the Grant Fund (#224). SECTION 2. That by reason of the immediate need to authorize payment of this obligation within thirty days after receipt of the certificate of the Finance Director per R.C. 5705.41(D)(1), this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately after its passage, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 18 February, 2014 18 February, 2014 SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

CAUCUS & COUNCIL - VOTE

BILL #14-033 BY: MRS. HARING

ORDINANCE # ____________________

Authorizing the acceptance of funding from the Ohio Office of Criminal Justice Services under a 2013 Justice Assistance Subgrant in the amount of Thirty-one Thousand Nine Hundred Ninety-eight and 19/100 Dollars ($31,998.19) to assist with the operation of the Veterans Treatment Court, and declaring an emergency. WHEREAS, Subgrant Number 2013-JG-CO1-6919 has been awarded to the Mansfield Municipal Court to provide funds to assist in the operation of its Veterans Treatment Court, and WHEREAS, it is in the best interest of the City of Mansfield, Ohio, to avail itself of the opportunities provided by this program and to participate with a complete commitment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That funding from the Ohio Office of Criminal Justice Services under 2013 Justice Assistance Subgrant Number 2013-JG-CO1-6919 in the amount of Thirty-one Thousand Nine Hundred Ninety-eight and 19/100 Dollars ($31,998.19) to be used to assist the Mansfield Municipal Court in the operation of its Veterans Treatment Court be, and the same is hereby, accepted, and the appropriate officers are authorized to execute any and all documents pertaining to the receipt and use of said funds. SECTION 2. That by reason of the immediate necessity to accept this funding for public safety, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 18 February, 2014 18 February, 2014 SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

CAUCUS & COUNCIL - VOTE

BILL #14-034 ORDINANCE # _____________________ BY: MRS HARING

Authorizing the Mayor and Safety-Service Director to accept funding from the Ohio Office of Criminal Justice Services under the Paul Coverdell Forensic Science Improvement Grant (FY2013) in the amount of Three Thousand, Two Hundred Forty-five and 66/100 Dollars ($3,245.66), and declaring an emergency. WHEREAS, the primary purpose of the Paul Coverdell Forensic Science Improvement Grant Program is to assist in providing funds to local law enforcement agencies, specifically to address forensic science improvements, and WHEREAS, Subgrant Number 2013-PC-NFS-7809 awarded to the City under the Paul Coverdell Forensic Science Improvement Grant Program will provide funds to defray the cost of forensic science training and supplies, and WHEREAS, it is in the best interest of the City of Mansfield, Ohio, to avail itself of the opportunities provided by this program and to participate with complete commitment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Mayor and Safety-Service Director be, and they are hereby, authorized to accept funding in the amount of Three Thousand, Two Hundred Forty-five and 66/100 Dollars ($3,245.66) from the Ohio Office of Criminal Justice Services under the Paul Coverdell Forensic Science Improvement Grant (FY2013), and to execute all documents pertaining thereto. SECTION 2. That by reason of the immediate necessity to accept this funding for public safety, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 18 February, 2014 18 February, 2014 SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

CAUCUS & COUNCIL - VOTE

BILL #14-035 BY: MRS. HARING

ORDINANCE #____________________

Accepting a grant from the Ohio Association of Police Athletic League in the amount of Fifteen Thousand Dollars ($15,000) to be used for salary expenses and supplies related to the PAL Mentoring Program, and declaring an emergency. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the City of Mansfield be, and it is hereby, authorized to accept a grant from Police Athletic League (PAL) in the amount of Fifteen Thousand Dollars ($15,000) to be used for expenses in the Police Department. SECTION 2. That the sum of Fifteen Thousand Dollars ($15,000) as accepted in Section 1 hereof be, and the same is hereby, credited to the Grant Fund. SECTION 3. That in order to accept grant funds and to make such funds available for use at the earliest possible time, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 18 February, 2014 18 February, 2014 SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

CAUCUS ONLY

BILL #14-036 BY: MR. DUNN

ORDINANCE # ____________________

Authorizing the Safety-Service Director to advertise for bids and enter into a contract for improving various City streets by establishing pavement markings, entitled A2014 Striping Program,@ and declaring an emergency. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to advertise for bids in the manner provided by law, and to enter into a contract with the lowest and best bidder for the improvement of various City streets by establishing pavement markings where necessary, all in accordance with plans, estimates, and specifications now on file with the City Engineer. SECTION 2. That the entire cost of the improvements authorized in Section 1 hereof shall be paid from Permissive Sales Tax Fund (#215), Engineering, Contractual Services Classification. SECTION 3. That by reason of the immediate necessity to receive bids and award a contract for this improvement during the favorable construction season, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 4 March, 2014 4 March, 2014 SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

CAUCUS ONLY

BILL #14-037 * BY: MR. DUNN

ORDINANCE # ____________________

Authorizing the Safety-Service Director to advertise for bids and enter into a contract or contracts for the Safe Routes to School infrastructure improvements, and declaring an emergency. WHEREAS, the City entered into an agreement with the Ohio Department of Transportation for this project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Safety-Service Director be, and she is hereby authorized to advertise for bids in the manner provided by law, and to enter into a contract or contracts with the lowest and best bidder or bidders for the Safe Routes to School infrastructure improvements which includes sidewalk removal and replacement, construction of ADA compliant curb ramps, pedestrian crossing upgrades, and new school zone signs including solar powered school zone assembly signs along specified walking routes, all in accordance with plans, estimates, and specifications now on file with the City Engineer. SECTION 2. That by reason of the immediate necessity to receive bids and award a contract for these improvements during the favorable construction season, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 4 March, 2014 18 March, 2014 1 April, 2014

SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

* Publication required.

CAUCUS ONLY

BILL #14-038 BY: MRS. HARING

ORDINANCE #______________

Authorizing the Safety-Service Director to enter into an agreement with Leads Online, LLC to allow the Mansfield Police Department to utilize an electronic system to support investigations of potentially stolen merchandise. WHEREAS, Leads Online, LLC operates and maintains an electronic investigation system at its web site for the purpose of receiving and disseminating data from dealers for the use of law enforcement agencies, and WHEREAS, there are currently almost two hundred agencies in Ohio using this system and nearly twenty-eight hundred nationwide subscribing to Leads Online, and WHEREAS, the City desires to utilize an electronic system to support its investigations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITYOF MANSFIELD, STATE OF OHIO: SECTION 1. That the Safety-Service Director be, and she is hereby authorized to enter into an agreement to allow the Mansfield Police Department to utilize an electronic system to support investigations of potentially stolen merchandise, which is attached hereto as Exhibit “A” and made a part hereof, available on file in the Clerk of Council, with Leads Online, LLC on behalf of the City of Mansfield, to allow the Mansfield Police Department to utilize an electronic system to support investigations of potentially stolen merchandise SECTION 2. That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1st Reading 2nd Reading PASSED

18 February, 2014 4 March, 2014 18 March, 2014 1 April, 2014

SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

CAUCUS ONLY

BILL #14-039* BY: MRS. HARING

ORDINANCE #______________

Enacting Chapter 765, Secondhand Dealers, of the Mansfield Codified Ordinances of 1997 to establish regulations and license requirements for secondhand dealers. WHEREAS, the Mansfield Division of Police may enter into a contract for services for an electronic reporting system in order to enhance its investigative services to protect both secondhand dealers and members of the general public, and

WHEREAS, all secondhand dealers prior to conducting any transaction in this City shall apply for and obtain a license which shall require the use of an electronic reporting system, and WHEREAS, the use of an electronic reporting system as required by the license in this Chapter, will assist in investigations of potentially stolen merchandise. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That Section 765.01 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.01

DEFINITIONS; SIGN REQUIRED.

(a) For purposes of this Chapter "secondhand dealer" means a person operating a store, shop or other business, whether or not at a permanent location, for the purpose of purchasing, selling, exchanging or receiving secondhand articles of any kind, including, but not limited to, electronics, hardware, tools, machinery, articles or jewelry containing gold, silver or other precious metals or jewels. A person who operates a business whose exclusive purpose is the resale of either books, clothing, comics, or trading cards shall not be considered a secondhand dealer. (b) "Secondhand article" means any item which has previously been used, worn or owned by another person. (c) A person who is operating as a secondhand dealer in the City, shall post in a conspicuous place in or upon his shop, store, wagon, boat, motor vehicle, or other place of business, a sign having his name and occupation legibly inscribed thereon. Such person shall also post in the same place his license certificate and copy of this entire Chapter. (d) “Gift card” means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit or money of at least an equal value, including any electronic card issued by a merchant with a monetary value where the issuer has received payment for the full monetary face value of the certificate for the future purchase or delivery of goods and services. “Gift card” does not include a prepaid calling card used to make telephone calls. (e) “Pledge” means a bailment of personal property as security for a debt, with the holder of the pledge having implied power of sale on default.” SECTION 2. That Section 765.02 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.02

RECORDS; INFORMATION.

(a) The Mansfield Division of Police may enter into a contract for services and maintain its contract for services with LeadsOnline or a similar entity in order to enhance its investigative services to protect both secondhand dealers and members of the general public. Every secondhand dealer shall operate and maintain a computer system with internet access for the purposes described herein. Every secondhand dealer shall subscribe to LeadsOnline or the City’s current electronic reporting system and maintain said subscription throughout the term of the secondhand dealer’s business license. Every secondhand dealer shall provide an electronic record utilizing the LeadsOnline electronic reporting system or the electronic system then in use by the City. Such report shall enter and upload all information from its books and records regarding contracts for purchase, pledges and purchase transactions of any secondhand scrap iron, copper or other metal, automobile parts, tire parts, household furniture or furnishings, household appliances, office equipment, coins, jewelry, jewels, weapons, bicycles, tools, toys, electronic media and or electronic equipment to LeadsOnline or a similar system as soon as reasonably possible after the transaction is consummated. Every secondhand

dealer shall input information to every data field supported by the LeadsOnline or similar system. In the event the electronic reporting system malfunctions or is otherwise not operational, the secondhand dealer shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions that would have otherwise been entered in the electronic reporting system and shall submit such records to the Mansfield Division of Police within twenty-four (24) hours of such transaction during the non-operational period. The written records shall contain all information required on the electronic reporting system. If any article that is left on deposit, pledged or purchased has engraved thereon a number, word or initials or contains settings of any kind, the description of the article in the report shall contain the number, word or initials engraved and shall describe the setting of the item and the number of each kind. In the event of a change to its electronic reporting system, the City shall notify all secondhand dealers in the City of the change within a reasonable time prior to such change. (b) No item shall be received unless the person from whom the article is acquired exhibits a driver’s license or state-issued identification card and the identifying numbers are recorded on the electronic report. Whenever the dealer has reason to know or believe the seller, purchaser or exchangor is under eighteen years of age, he must require that person to produce sufficient articles of identification to establish his age. (c) This section shall apply in those instances where the article purchased or received by the dealer is any secondhand scrap iron, copper or other metal, automobile parts, tire parts, household furniture or furnishings, household appliances, office equipment, coins, jewelry, jewels, weapons, bicycles, tools, toys, electronic media and or electronic equipment. (d) Every entry shall be numbered consecutively, commencing with number one. No entry shall be erased, obliterated or defaced. (e) All books or records which are required to be maintained as a result of this section shall be open to inspection by the Chief of Police or his designee immediately, at any time during hours of operation. Upon demand by the Chief or his designee, the secondhand dealer shall also produce and show the article or articles thus listed and described.”

SECTION 3. That Section 765.03 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.03

DAILY REPORTS TO POLICE.

(a) A person licensed as a secondhand dealer shall, furnish a list of every article taken in pawn or bought by such secondhand dealer the previous day by uploading such list to the LeadsOnline or similar system program via a secure internet connection. (b) A person licensed as a secondhand dealer shall, every day furnish a photograph of every article of jewelry precious metal or stone, regardless of value, taken in pawn or bought by such secondhand dealer the previous day by uploading the photograph to the LeadsOnline or similar system program via a secure internet connection.”

SECTION 4. That Section 765.04 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.04

RETENTION OF ARTICLES.

(a) All articles as provided in this Chapter shall be retained by the purchaser thereof for at least seven days, before disposing of them, in an accessible place, in the confines where such articles were

purchased or received. No article may be changed, altered, smelted or defaced during this period. Articles may be released, prior to seven days, upon inspection and approval by the Chief of Police or any police officer designated by him. The seven day waiting period may be waived by an authorized person after inspection or voluntary submittal of records to an authorized Law Enforcement Officer. (b) If any Law Enforcement Officer has probable cause to believe that the item(s) described in the daily list provided for under this Chapter is stolen property, the Law Enforcement Officer shall notify the secondhand dealer in writing, and upon receipt of such notice, the secondhand dealer shall retain such item(s) until the expiration of a reasonable period of time to conduct an investigation has elapsed, such time shall not be less than thirty (30) days after the day on which the secondhand dealer is first required to make available the information required in the daily list provided for under this Chapter, unless the Law Enforcement Officer notifies the secondhand dealer in writing that retention is not required until such expiration.” SECTION 5. That Section 765.05 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.05

PROHIBITED PURCHASES; CUSTOMERS.

(a) No dealer shall purchase or exchange any article from any person under eighteen years of age, from any intoxicated person or any person under the influence of drugs and/or alcohol, from any person he knows to have been convicted of a theft offense or associate of any person he knows to have been convicted of a theft offense or receiver of stolen property, from any person whom he has reason to suspect or believe to be any of the foregoing or from a senile person. (b) Every dealer shall immediately report to the police any article or thing pledged or sold to him; or which is sought to be sold to him, if he has reason to believe that the article or thing was stolen or lost. (c) No person shall use or provide a fictitious or false name or address, or false or fictitious information when selling or exchanging any article with a secondhand dealer. (d) No dealer shall engage in the purchase, receipt, sale or exchange of gift cards.”

SECTION 6. That Section 765.06 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.06

LICENSE.

(a) A secondhand dealer, prior to conducting any transaction in this City, shall apply for and obtain a license from the Safety-Service Director and/or Chief of Police, the fee for which shall be fifty dollars ($50.00). Such application shall be filed at least seven working days prior to the granting of such license. The term of any such license shall only be valid for the remaining portion of that calendar year, and shall be valid for only that one proposed location stated on the license. The fee for an application for renewal of an existing license shall be thirty-five dollars ($35.00). (b) Application for the license required by this Section shall be made in writing to the Chief of Police and/or Safety-Service Director by the owner, or an officer if the applicant is a corporation, upon forms provided by the Chief of Police and/or Safety-Service Director. The completed application shall include the number of years the applicant has conducted this business, all the locations of this business in the previous twelve months, the home address of the principal owner and of the manager at the proposed business location in the City and their criminal record(s), stated in particularity, if any. If the applicant is a corporation, the application shall include the names of the president, treasurer and secretary of the corporation, and their criminal record(s) stated in particularity, if any.

(c) No license shall be issued to any person who has been convicted of a felony offense, or of any theft offense as defined in Ohio R.C. 2913.01. The Safety-Service Director and/or Chief of Police may revoke the license for any violation of this Chapter.” SECTION 7. That Section 765.07 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.07

WAIVER.

Any part or all of Section 765. 06 may be waived by the Safety-Service Director and/or Chief of Police for good cause shown if not adverse to the health, safety or welfare of the City. If application for waiver is denied by the Safety-Service Director and/or Chief of Police for being adverse to the health, safety or welfare of the City, the applicant may appeal the Safety-Service Director and/or Chief of Police's denial to Council. Reversal of the Safety-Service Director and/or Chief of Police's denial and granting a waiver requires the approval of Council.” SECTION 8. That Section 765.08 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.08

EXCLUSIONS.

This Chapter shall not apply to infrequent sales which are conducted as a yard or garages sales, at the residence of the seller, or sales by religious or charitable organizations.” SECTION 9. That Section 765.99 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.99

PENALTY.

Whoever violates any provision of this Chapter or encourages another to violate any provision of this Chapter, is guilty of a second degree misdemeanor, and is guilty of a first degree misdemeanor if that person has previously been convicted of any violation of this Chapter. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.” SECTION 10. That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 1st Reading 2nd Reading PASSED 18 February, 2014 4 March, 2014 18 March, 2014 1 April, 2014

SIGNED /s/ Phillip E. Scott President APPROVED /s/ Timothy L. Theaker Mayor

ATTEST

/s/ Amy L. Yockey Clerk of Council

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

*Publication Required.

CAUCUS ONLY

BILL #14-040* BY: MRS. HARING

ORDINANCE #______________

Enacting Chapter 767, Pawnbrokers, of the Mansfield Codified Ordinances of 1997 to establish regulations and license requirements for pawnshops. WHEREAS, the Mansfield Division of Police may enter into a contract for services for an electronic reporting system in order to enhance its investigative services to protect both pawnbrokers and members of the general public, and

WHEREAS, all pawnbrokers prior to conducting any transaction in this City shall apply for and obtain a license which shall require the use of an electronic reporting system, and WHEREAS, the use of an electronic reporting system as required by the license in this Chapter, will assist in investigations of potentially stolen merchandise. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That Section 767.01 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.01 DEFINITIONS; SIGN REQUIRED.

(a) Within the meaning of this Chapter, "pawnbroker" means any person now or hereafter engaged in the business of lending money on a deposit of pledges of personal property or other valuable thing (other than securities or printed evidence of indebtedness) or in the business of purchasing personal property, or choses in action, or other valuable thing, and selling or agreeing to sell the same back to the seller at a price other than the original price of purchase, or in the business of purchasing personal property such as articles made of or containing gold, silver, platinum or other precious metal or jewels of any description for the purpose of reducing or smelting them into any form different from their condition or construction when purchased and reselling or marketing the product. (b) A person who is operating as a pawnbroker in the City, shall post in a conspicuous place in or upon his shop, store, wagon, boat, motor vehicle or other place of business, a sign having his name and occupation legibly inscribed thereon. Such person shall also post in the same place his license certificate and a copy of this entire Chapter. (c) “Gift card” means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit or money of at least an equal value, including any electronic card issued by a merchant with a monetary value where the issuer has received payment for the full monetary face value of the certificate for the future purchase or delivery of goods and services. “Gift card” does not include a prepaid calling card used to make telephone calls.

(d) “Pledge” means a bailment of personal property as security for a debt, with the holder of the pledge having implied power of sale on default.” SECTION 2. That Section 767.02 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.02 RECORDS; INFORMATION.

(a) The Mansfield Division of Police may enter into a contract for services and maintain its contract for services with LeadsOnline or a similar entity in order to enhance its investigative services to protect both pawnbrokers and members of the general public. Every pawnbroker shall operate and maintain a computer system with internet access for the purposes described herein. Every pawnbroker shall subscribe to LeadsOnline or the City’s current electronic reporting system and maintain said subscription throughout the term of the pawnbroker’s business license. Every pawnbroker shall provide an electronic record utilizing the LeadsOnline electronic reporting system or the electronic system then in use by the City. Such report shall enter and upload all information from its books and records regarding contracts for purchase, pledges and purchase transactions to LeadsOnline or a similar system as soon as reasonably possible after the transaction is consummated. Every pawnbroker shall input information to every data field supported by the LeadsOnline system. In the event the

electronic reporting system malfunctions or is otherwise not operational, the pawnbroker shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions that would have otherwise been entered in the electronic reporting system and shall submit such records to the Mansfield Division of Police within twenty-four (24) hours of such transaction during the non-operational period. The written records shall contain all information required on the electronic reporting system. Each pawn ticket issued shall be numbered consecutively to conform to the ticket. If any article that is left on deposit, pledged or purchased has engraved thereon a number, word or initials or contains settings of any kind, the description of the article in the report shall contain the number, word or initials engraved and shall describe the setting of the item and the number of each kind. In the event of a change to its electronic reporting system, the City shall notify all pawnbrokers in the City of the change within a reasonable time prior to such change. (b) No item shall be received unless the person from whom the article is acquired exhibits a driver’s license or state-issued identification card and the identifying numbers are recorded on the electronic report. Whenever the dealer has reason to know or believe the pledgor or seller is under eighteen years of age, he must require that person to produce sufficient articles of identification to establish his age. (c) All books or records which are required to be maintained as a result of this Section shall be open to inspection by the Chief of Police or his designee, immediately at anytime during hours of operation. Upon demand by the Chief or his designee, the pawnbroker shall also produce and show the articles thus listed and described.”

SECTION 3. That Section 767.03 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.03 DAILY REPORTS TO POLICE.

(a) A person licensed as a pawnbroker shall, furnish a list of every article taken in pawn or bought by such pawnbrokers the previous day by uploading such list to the LeadsOnline or a similar system program via a secure internet connection. (b) A person licensed as a pawnbroker shall, every day furnish a photograph of every article of jewelry, precious metal or stone, regardless of value, taken in pawn or bought by such pawnbrokers the previous day by uploading the photograph to the LeadsOnline or a similar system program via a secure internet connection.” SECTION 4. That Section 767.04 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.04 RETENTION OF ARTICLES.

(a) All articles as provided in this Chapter shall be retained by the purchaser thereof for at least seven days, before disposing of them, in an accessible place, in the confines where such articles were purchased or received. No article may be changed, altered, smelted or defaced during this period. Articles may be released prior to seven days, upon inspection and approval by the Chief of Police or any police officer designated by him. The seven-day waiting period may be waived by an authorized person after inspection or voluntary submittal of records to an authorized Law Enforcement Officer. (b) If any Law Enforcement Officer has probable cause to believe that the item(s) described in the daily list provided for under this Chapter is stolen property, the Law Enforcement Officer shall notify the pawnbroker in writing, and upon receipt of such notice, the pawnbroker shall retain such item(s) until the expiration of a reasonable period of time to conduct an investigation has elapsed, such time shall not be less than thirty (30) days after the day on which the pawnbroker is first required to make

available the information required in the daily list provided for under this Chapter, unless the Law Enforcement Officer notifies the pawnbroker in writing that retention is not required until such expiration.” SECTION 5. That Section 767.05 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.05 PROHIBITED PLEDGES; CUSTOMERS.

(a) No pawnbroker shall receive any pledges or purchase any articles or things from any person under eighteen years of age, from any intoxicated person, any person under the influence of drugs and/or alcohol, from a known thief or associate of a known thief or receiver of stolen property, or from any person whom he has reason to suspect or believe to be any of the foregoing or from a senile person. (b) Every pawnbroker shall immediately report to the police any article or thing pledged or sold to him, or which is sought to be pledged with him, if he has reason to believe that the article or thing was stolen or lost. (c) No person shall use or provide a fictitious or false name, or address, or other fictitious or false information when selling, pledging or exchanging any article with a pawnbroker. (d) No pawnbroker shall engage in the purchase, receipt, sale or exchange of gift cards.”

SECTION 6. That Section 767.06 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.06 LICENSE.

(a) A pawnbroker, prior to conducting any transaction in this City shall apply for and obtain a license from the Safety-Service Director and/or Chief of Police, the fee for which shall be fifty dollars ($50.00). Such application shall be filed at least seven working days prior to the granting of such license. The term of any such license shall only be valid for the remaining portion of that calendar year, and shall be valid for only that one proposed location stated on the license. The fee for an application for renewal of an existing license shall be thirty-five dollars ($35.00). (b) Application for the license required by this section shall be made in writing to the Chief of Police and/or Safety-Service Director by the owner, or an officer if the applicant is a corporation, upon forms provided by the Chief of Police and/or Safety-Service Director. The completed application shall include the number of years the applicant has conducted his/her business, all the locations of the said business in the previous twelve months, the home address of the principal owner and of the Manager at the proposed business location in the City and their criminal record(s), stated in particularity, if any. If the applicant is a corporation, the application shall include a copy of its articles of incorporation, the names of the current president, treasurer and secretary of the corporation, its statutory agent, and their criminal record(s) stated in particularity, if any. (c) No license shall be issued to any person who has been convicted of a felony offense, or of any theft offense as defined in Ohio R.C. 2913.01. The Safety-Service Director and/or Chief of Police may revoke the license for any violation of this Chapter.” SECTION 7. That Section 767.07 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.07 WAIVER.

Any part or all of Section 767.06 may be waived by the Safety-Service Director and/or Chief of Police for good cause shown if not adverse to the health, safety or welfare of the City.

If application for waiver is denied by the Safety-Service Director and/or Chief of Police for being adverse to the health, safety or welfare of the City, the applicant may appeal the Safety-Service Director and/or Chief of Police’s denial to Council. Reversal of the Safety-Service Director and/or Chief of Police's denial and granting a waiver requires the approval of Council.” SECTION 8. That Section 767.08 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.08 EXCLUSIONS.

This Chapter shall not apply to infrequent sales which are conducted as a yard or garage sale, at the residence of the seller, or sales by religious or charitable organizations.” SECTION 9. That Section 767.99 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted: “767.99 PENALTY.

Whoever violates any provision of this Chapter or encourages another to violate any provision of this Chapter, is guilty of a second degree misdemeanor, and is guilty of a first degree misdemeanor if that person has previously been convicted of any violation of this Chapter. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.” SECTION 10. That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 18 February, 2014 st 1 Reading 4 March, 2014 nd 2 Reading 18 March, 2014 PASSED 1 April, 2014 SIGNED /s/ Phillip E. Scott President ATTEST /s/ Amy L. Yockey Clerk of Council APPROVED /s/ Timothy L. Theaker Mayor

APPROVED AS TO FORM:

John R. Spon Law Director City of Mansfield, Ohio

*Publication Required.

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