#2 Public hearing and action on amendmentsg regulating pawnbrokers; secondhand article & jewelry dealers (File Ord. #2011-482)
JANESVILLE POLICE DEPARTMENT MEMORANDUM
May 16, 2011
TO: City Council
FROM: David J. Moore, Chief of Police
SUBJECT: Second reading, public hearing and action on a proposed
ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A)
regulating pawnbrokers, second hand article dealers, and second
hand jewelry dealers in the City of Janesville. (File Ordinance
2011-482)
Executive Summary
On February 28, 2011 the City Council adopted File Ordinance 2011-476 which
amended section 5.52 of the Code of General Ordinances regulating Junk
Dealers, Secondhand Dealers, Secondhand Jewelry Dealers and Pawnbrokers.
At the City Council meeting of March 14, 2011, business owners affected by the
ordinance voiced opposition to the ordinance. Accordingly, the police
department, city attorney’s office and city manager’s office considered the
concerns and offer the following changes to Janesville General Ordinances 5.52:
• 5.52.011 Definitions – Paper Currency and Coins. The amendment further
defines paper currency and coins as those transactions in which the currency
or coins are redeemed at a value greater than face value.
• 5.52.040 License – Reports to Police – Receipt Required. The amendment
excludes those transactions that are less than $10.00 in value from electronic
reporting.
The police department notified the affected businesses of the public hearing and
the details of the amendment. This will offer the businesses the opportunity to
address the city council if they have further concerns about the ordinance. The
letters were sent to:
The Coin Shop Dube’s Jewelry
Big Ed’s Pawn Shop Game Stop
The Exclusive Company Gander Mountain
Bay Design Jewelers Home Again Consignment
Best Buy House of Treasure
Addie’s Firearms Kay’s Jewelers
Carousel Consignments JB Robinson
Casey’s Pawn Shop The Diamond Center
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Further, there is considerable history to the police department’s and city council’s
activities on this ordinance, the activities regarding the ordinance are in a
document entitled Police Department Communication, March, 2011.
Recommendation
The police department supports the adoption of amended ordinance 2011-482.
City Manager Recommendation
The City Manager concurs with the Police Department recommendation.
cc: Eric Levitt, City Manager
Jay J. Winzenz, Assistant City Manager
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ORDINANCE NO. 2011 - 482
An ordinance amending JGO Sections 5.52.011(A) and 5.52.040(A) regulating pawnbrokers,
second hand article dealers, and second hand jewelry dealers in the City of Janesville with
penalties as set forth in JGO 5.52.090.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Section 5.52.011(A) of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
5.52.011 Definitions
When used in this chapter the following words shall mean:
A. “Article”
means any of the following articles:
1.
Audiovisual equipment.
2.
Bicycles.
3.
China.
4.
Computer, laptops, printers, software and computer supplies.
5.
Computer toys, gaming systems and games.
6.
Crystal.
7.
Electronic equipment.
8.
Fur coats and other fur clothing.
9.
Ammunition and knives.
10.
Microwave ovens.
11.
Office equipment.
12.
Pianos, organs, guitars and other musical instruments.
13.
Compact Discs, Audiotapes, Videotapes, DVDs, GPS Units, and other
optical media recording or replaying devices.
14.
Silverware and flatware.
15.
Small electrical appliances.
16.
Telephones.
17.
Power tools and pneumatic tools.
18.
Firearms.
19.
Paper currency and coins redeemed for greater than face value.
20.
Sports equipment.
21.
Jewelry.
SECTION II.
Section 5.52.040(A) of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
5.52.040 Licensee—Reports to Police—Receipt Required
A.
Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must
submit every reportable transaction to the police department within 48 hours, excluding legal
holidays, in the following manner, except for all consignment transactions and all other
transactions of a value of less than $10.00, which must be reported as required by Section
134.71(8)(e) of the Wisconsin statutes as from time to time amended or renumbered.
Pawnbrokers, secondhand article dealers, and secondhand jewelry dealers must provide to the
police department all required information pursuant to State Statute and this chapter, by
transferring the required information from their computer to the web server via modem
designated by the Janesville Police Department. All required records must be transmitted
completely and accurately in accordance with standards and procedures established by the police
department using procedures that address security concerns of the pawnbroker or secondhand
article and jewelry dealer and the police department. Each pawnbroker, secondhand article
dealer, and secondhand jewelry dealer must display a sign of sufficient size in a conspicuous
place on the premises which informs all patrons that all transactions are reported to the police
department.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
____________________________________
Assistant City Attorney
Proposed by: Police Department
Prepared by: Assistant City Attorney