HomeMy WebLinkAboutORD 06-027 ORDINANCE NO. 06-027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS REQUIRING ELECTRONIC
RECORDKEEPING OF PAWN SHOPS AND
PAWNBROKERS DOING BUSINESS IN THE CITY OF
BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
WHEREAS, the recovery of stolen personal property is rendered more difficult by
the fact that such property is, by nature, easily disposed of, sold or traded by the persons
responsible for such thefts, and by the fact that such items do not generally require proof
of ownership in order to dispose of, sell or trade them; and,
WHEREAS, pawn shops and pawnbrokers are often the method chosen by thieves
to dispose of stolen personal property despite the best efforts of the owners and operators
of such pawn shops and pawnbrokers to avoid the purchase of stolen property; and,
WHEREAS,the Police Department of the City of Beaumont is currently participating
in a service designed to assist the Department in the location and recovery of stolen
personal property so that the property may be returned to its rightful owner and the
offenders apprehended; and,
WHEREAS, the City Council has determined that it is in the best interest of the
citizens of the City to require all pawn shops and pawnbrokers to participate in this service
by uploading a list of all property purchased, received or otherwise acquired by such pawn
brokers and pawn shops, along with all identifying information for the property such as
serial numbers, model numbers, etc. to leadsonline, which is the service currently used by
the Police Department.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1.
That any and all pawn shops and pawnbrokers doing business within the City of
Beaumont shall, beginning on the effective date of this ordinance, registerwith leadsonline
at www.leadsonline.com and shall upload on at least a daily basis, all information relating
to personal property purchased, received or otherwise acquired by such pawn shop or
pawnbroker to the database maintained by leadsonline.
SECTION 2.
That there shall be no direct cost to the pawn shop or pawn broker associated with
registration with leadsonline or with the uploading of the information required by this
ordinance, other than the cost of computers and internet service.
SECTION 3.
That all costs charged for the use of the leadsonline service shall be borne by the
Police Department of the City of Beaumont from its current budget.
SECTION 4.
It shall be a defense to compliance with this ordinance if the pawn shop or
pawnbroker is able to prove that a power failure or a computer system malfunction
prohibited timely entry of the required data into leadsonline and the pawn shop or
pawnbroker promptly uploaded the required data within 24 hours of computer system
restoration.
Should a pawn shop or pawnbroker fail to maintain an operable computer system
so as to prohibit the pawnshop or pawn broker from complying with this ordinance, then
the pawn shop or pawnbroker may be cited for failure to comply with this ordinance.
SECTION 5.
That the failure of any pawn shop or pawnbroker to strictly comply with the
provisions of this ordinance shall be deemed a misdemeanor and shall be punishable by
a fine not to exceed five hundred dollars ($500.00) per violation. A separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
SECTION 6.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
SECTION 7.
That all ordinances or resolutions which are inconsistent with the provisions of this
Ordinance are hereby repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May,
2006.
- Mayor Guy N. Goodson -