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HomeMy WebLinkAbout80-12-2038882 ORDINANCE NO. 80-12-2038 AN ORDINANCE RELATING TO THE REGULATION OF THE SALE OR EXCHANGE OF CERTAIN JEWELRY, COINS, PRECIOUS STONES AND METALS, TO PROHIBIT THE PURCHASE OF SUCH ARTICLES FROM PERSONS UNDER EIGHTEEN YEARS OF AGE, AND TO REQUIRE THE KEEPING OF RECORDS AND REPORTS FOR THE CHIEF OF 'POLICE OF THE CITY OF PADUCAH WHEREAS, the rapidly increasing value of precious metals, especially gold and silver, has made certain jewelry, coins, watches and other articles an extraordinarily attractive target for thieves; and WHEREAS, certain businesses that deal in second-hand articles, includ- ing particularly transient -buyers of old gold and silver, provide a readily avail- able market for thieves for such valuable articles; and WHEREAS, the current provisions of the laws are inadequate to provide law enforcement officials with sufficient information and authority to control the flow of stolen articles through such businesses; and WHEREAS, there has been an increase in thefts of certain jewelry, coins, precious stones and metals occurring in the Paducah area. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That it shall be the duty of all persons dealing in the purchase or exchange of second-hand or antique jewelry, coins, watches, diamonds or other precious stones, cutlery, old gold, silver, platinum, or other precious metals, or any other second-hand manufactured articles, composed wholly or in part of gold, silver, platinum or other precious metals to keep a daily register on a form provided by the Paducah Police Department, of every article purchased or exchanged by them in the course of their business and the persons from whom such articles were acquired. Said register shall contain as minute a description of each article as is possible, in- cluding any identification numbers and the manufacturer's name, as well as the name, age, sex, race, address, driver's license number, general description of the individual or individuals selling or exchanging the articles, and their signatures. SECTION 2. That all persons engaged in business as described in Section 1 above, shall furnish to the Chief of Police of the City of Paducah each day at the Police office by eleven o'clock (11:00) a.m., a copy of the register for all transactions which took place during the preceding day. 883 SECTION 3. That all persons engaged in business as described in Section 1 above, shall retain each and every article received by them in the same state or condition in which it was "received, and all articles received during any one day's transaction shall be kept separately and shall not be co -mingled with articles received during any other day's transactions'.. Furthermore, all articles shall be made available for examination within the City of Paducah to members of the Paducah Police Department, and the sheriff's department, state police, or other law enforcement official for a period of five (5) consecutive days after their receipt, before such articles are- resold re. resold or exchanged,: unless written permission is obtained from the Chief of Police of the City of Paducah. SECTION 4. That no person engaged in business as described in Section 1 above, shall purchase or exchange second hand or antique jewelry, coins, watches, diamonds or other precious stones, cutlery or old gold, silver, platinum or other precious metals, or other second hand manufactured articles composed wholly or in part of gold, silver, platinum, or other precious metals unless the person first obtains an instant developing photograph of the seller or exchanger of the above enumerated items. The photograph is to be identified in such a way that the person or persons shown in the photograph can be identified with each entry of the register identified in Section 1 hereof. The photograph and register shall be maintained for a period of one year after the date on which the transaction occurred. SECTION "5. That no person engaged in business as described in Section 1 above, shall purchase or exchange second hand or antique jewelry, coins, watches, diamonds or other precious stones, cutlery, or old gold, silver, platinum or other precious metals, or any other second hand manufactured articles composed wholly or in part of gold, silver, platinum or other precious metals from any person less than eighteen (18) years of age. SECTION 6. Nothing contained herein shall require compliance of Section 1 through 5 of this ordinance by a person engaging in business within the City of Paducah who posses a current business license from the City of Paducah, and is: a) Accepting returns for cash, credit, or replacement of any item originally purchased from said person; b) Exchanging an item for another item of greater value. SECTION 7. That violation of any of the duties, requirements, or pro- hibitions contained in Sections 1 through 5 of this Ordinance shall be punishable as a Class A Misdemeanor. 884 SECTION 8. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or 'application, and to this end the provisions -of this ordinance are severable. SECTION 9. The City of Paducah declares that an emergency does exist due to the increase in thefts of certain jewelry, coins, precious stones and metals occurring in the -Paducah area, and further, that the current provisions of the laws are inadequate to- provide law enforcement officials with sufficient information and authority to control the flow of stolen articles through certain businesses referred to hereinabove. SECTION 10. This ordinance shall be in full force and effect immediately upon passage. This ordinance shall be published in full. Mayor Passed by the Board of Commissioners December 22, 1980 Recorded by Louise McKinney, City Clerk, December 22, 1980 Published by The Paducah Sun December 28, 1980.