Ord. 0430 07-27-81-
ORDINANCE NO.
4 3 0
AN ORDINANCE AMENDING CHAPTER 14 OF
THE CODE OF ORDINANCES OF THE CITY OF PEARLAND,
TEXAS, BY ADDING THERETO A NEW ARTICLE IV TO BE
ENTITLED "REGULATED PROPERTY -PURCHASE AND SALE";
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
I
That Chapter 14 of the Code of Ordinances of the City of Pear -
land, Texas, Codified as Junk and Junk Dealers, be and the same is
hereby amended by adding thereto a new Article IV to be entitled
Regulated Property -Purchase and Sale. Said Article IV to hereafter
read as follows:
Article IV. Regulated Property -Purchase and Sale
Section 14-60. Purpose
The purpose of this article is an attempt to discourage an
increasingly prolific and socially deplorable business activity of
trading and dealing in stolen property, by requiring, among other
regulations, the purchaser of certain regulated property to maintain
a record identifying the authorized vendor, or to record and maintain
a reliable form of identification of the seller, if he is other than
a manufacturer or authorized vendor. Further, this article is intend-
ed to provide the police department of the City, and other law enforce-
ment•agencies, with more adequate means for investigations concerning
stolen property.
Section 14-61. Definitions
For the purposes of this article and regulations contained therein,
the following terms, phrases, words and their derivations shall have
the meaning ascribed to them in this section; in the event such terms
are not defined in these regulations, they shall be construed in their
common and usual significance:
Jewelry: includes stones removed from a mounting.
Personal Identification Certificate: means a certificate
issued by the Texas Department of Public Safety pursuant to
Article 6687b, Texas Revised Civil Statutes.
Power Tools: includes pneumatic equipment and welding
equipment.
Purchase: means a transaction in which a person takes title
to regulated property in exchange for valuable consideration.
Regulated Property: means new or used electronic equipment,
business machines, photographic equipment, power tools, musical
instruments, firearms, jewelry, silverware, gold or silver coins.
Section 14-62. Regulated Property Purchase; records:
A person who purchases regulated property for the purpose of
resale shall:
1. Keep a sales record which indicates the manufacturer or authorized
vendor from which the regulated. property was purchased, received, or
acquired; or
2. If the regulated property was purchased, received, or acquired
from other than a manufacturer or authorized vendor the person shall:
(a) at the time of acquisition record in a legible manner, the
full name, address, driver's license number, and social security
number or personal identification number of the seller together with
a description of the item purchased, including any serial or identifi-
cation numbers;
(b) at the time of acquisition determine that the photograph on
the driver's license or personal identification certificate is a
photograph of the seller; and
3. Maintain on file the information required by subparagraphs 1 and
2, for one year from date of acquisition or until the item is sold,
whichever occurs later.
Section 14-63. Seizure of Property with Defaced Identifica-
tion Numbers.
If a police officer finds regulated property offered for sale
which has the manufacturer's identification number or any other
identifying mark removed, defaced, or altered, he may seize the
property, and it may be held at the police property division for
30 days. At the time of seizure of property under this section,
the police officer shall issue the owner a receipt for the property
notifying him that the property may be redeemed in 30 days at the
police property division unless it is otherwise required by law to
be held.
Section 14-64. Purchase from Minors.
It shall be unlawful for any person to purchase or receive in
pledge or on deposit for any purpose or otherwise accept any article
of regulated property from any minor or which may be owned or claimed
by or in the possession or control of any minor unless the parents
or guardian of such minor shall state in a sworn affidavit that such
transaction took place with such parents' or guardians' full knowledge
and consent, which affidavit shall be sworn and signed by such parents
or guardians and have thereon the address and telephone number, if
any, of such parents or guardians. Such affidavit shall be delivered
to the Chief of Police by the buyer, with the report of such purchase
or deposit, within forty-eight (48) hours after the date of purchase
or deposit.
Section 14-65. Items to be Retained and Kept Separate for
Forty-eight Hours; exceptions
No regulated property shall be sold or removed from the place of
business of any purchaser or dealer within forty-eight (48) hours
after the same has been purchased or acquired, and all such items
received shall be kept separate and apart from all other non -regulated
articles so that the same may be identified, for a full forty-eight
(48) hours after the same is received. In the event that a purchaser
or dealer desires to sell or dispose of merchandise that has not been
in his possession for a full forty-eight (48) hour period, he shall
secure from the person acquiring such item the same information and
identification that is required by this article from persons from whom
the. dealer acquired the item.
Section 14-66. Examination by Police.
All records required under this article and all items of regu-
lated property shall be made available to any police officer for
inspection upon reasonable request and proper identification by the
officer.
Section 14-67. Offenses and Penalty.
(a) a person commits an offense if he:
(1) fails to comply with any provision of this article.
(2) offers for sale regulated property purchased for
resale for which he does not have a sales record
indicating the manufacturer or authorized vendor from
which it was purchased or for which he does not have
recorded, the name, address, social security number,
driver's license number or personal identification
certificate number of the seller from whom he purchased
the regulated property;
fails or refuses to produce for inspection by a police
officer, any records or items of regulated property,
after reasonable request and identification by the
officer.
(4) a culpable mental state is not required for the commis-
sion of an offense under this article unless the pro-
vision defining the conduct expressly requires a
culpable mental state.
(b) Penalty:
An offense under this article is punishable by a fine
of not less than $50.00 or more than $200.00, and a vio-
lation constitutes a separate offense of each item of
regulated property involved.
II.
If any section, paragraph, clause, or sentence shall be declared
(3)
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void or unenforceable or unconstitutional, it is hereby declared
the intention of the City Council of the City of Pearland, Texas,
that the remainder of such ordinance shall remain in full force and
effect.
III.
It is the intention of the City Council, and it is hereby
ordained, that the provisions of this Ordinance shall be made part
of the Code of Ordinances, City of Pearland, Texas, and the sections
of this Ordinance may be renumbered to accomplish such intention.
IV.
This Ordinance shall be effective and in full force on the tenth
day after its publication in the official newspaper of the City of
Pearland, Texas.
PASSED and APPROVED ON FIRST READING this / day of j!�-f!_
A.D., 1981.
Attest:
L_. .
City Secrete
!,1
MAYOR, CITY OF PEARLAND, TEXAS
VOTING RECORD: FIRST READING
"AYE: - COUNCILMEN LENTZ, FARLEY, MC COMB
AND GRAY.
"NO" - COUNCILMAN MACK
PASSED and APPROVED ON SECOND and FINAL READING this
, A.D., 1981.
Attest:
—City Secret/,
EFFECTIVE DA*: August 9, 1981
APPROVED AS TO FORM:
'City gorney
MAYOR, CITY OF PEARLAND, TEXAS
VOTING RECORD: SECOND READING
"AYE" - COUNCILMEN LENTZ, FARLEY, MC COMB,
MACK AND GRAY.
"NO" - NONE
day
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