Ordinance 85-2483 ORDINANCE NO. 85-2483
AN ORDINANCE CREATING CHAPTER 35A OF THE CODE OF
THE CITY OF MIAMI BEACH TO BE ENTITLED SECONDHAND
DEALERS; PROVIDING FOR THE RECORDING OF
TRANSACTIONS MADE BY SECONDHAND DEALERS;
PROVIDING FOR REPORTING OF SAID TRANSACTIONS ON
APPROVED FORMS WITHIN FORTY-EIGHT HOURS TO THE
CHIEF OF POLICE; PROVIDING FOR SALE OF SAID FORMS
BY THE POLICE DEPARTMENT; PROVIDING FOR A FIFTEEN
DAY HOLDING PERIOD ON GEMS, PRECIOUS STONES AND
PRECIOUS METALS, AND A THIRTY DAY HOLDING PERIOD
ON OTHER SECONDHAND PROPERTY; AUTHORIZING THE
POLICE TO HOLD ANY MERCHANDISE BELIEVED TO BE THE
SUBJECT OF CRIMINAL INVESTIGATION; PROVIDING FOR
INSPECTION OF PREMISES AND RECORDS; PROHIBITING
CERTAIN ACTS; PROVIDING FOR REPEAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: STATEMENT OF PURPOSE
That this Ordinance is intended to provide an effective method of locating stolen items
and identifying individuals dealing in then. This Ordinance is enacted pursuant to
Chapter 538 Fla. Stats. (1983).
SECTION 2:
That Chapter 35A of the Code of the City of Miami Beach is hereby created to read as
follows:
Chapter 35A Secondhand Dealers:
Sec. 35A-1 Secondhand Dealers - Definition.
The term "Secondhand Dealers" shall mean any person, firm,
corporation or partnership engaged in a business of buying,
selling, bartering, exchanging in any manner at retail or
wholesale or otherwise dealing for profit in secondhand goods as
defined in Section 35A-2 hereof, whether or not at a fixed place of
business. Such term shall include pawnbrokers and all dealers
who buy, trade or sell or who make loans of money upon the
deposit or pledge of any secondhand goods. Provided, however,
that nothing in this Ordinance shall apply to:
A. Registered religious or charitable organizations selling
reconditioned or used articles;
B. Licensed garage sales;
C. Any person whose primary business is dealing in gold or
silver coins.
Sec. 35A-2 Secondhand Property - Definition
The term "Secondhand Property" shall mean personal property
previously owned or used which is not purchased or sold as new
and shall include, but shall not be limited to, items containing
gold, silver, platinum or other precious metals; jewelry,
diamonds, gems, and other precious stones; audio and video
electronic equipment, including but not limited to, television
sets, radios, amplifiers, receivers, turntables, tape recorders,
video tape recorders, speakers and citizens band radios;
photographic equipment, including but not limited to cameras,
lenses, and developing equipment; machinery, tools, electronic
motors, calculators, tires, hub caps, musical instruments,
typewriters and firearms.
Sec. 35A-3 Records of Transactions to be Kept and Delivered
Every secondhand dealer shall keep a record on forms approved
by the Chief of Police. The record shall be clearly and legibly
•
written in ink in the English language at the time of each
acquisition and shall contain an accurate and true description of
each article purchased, bartered, exchanged or received,
including a notation to any identifying markings or
characteristics such as serial numbers; the amount of money or
other consideration loaned thereon or paid or given therefor; the
date and time of the acquisition of such article by the
secondhand dealer; the true name of the person dealt with, as
nearly as known, as well as such person's signature and
thumbprint, place of residence, sex, age, height , build, color of
hair, color of eyes, complexion and reasonable proof of
identification by an exhibition of a driver's license or other
picture identification or other reliable means of identification.
The record shall contain the type of identification exhibited, the
issuing agency, and the number thereon. For purposes of this
ordinance, credit cards, social security cards, handwritten
identification cards and non-photo LD. shall not constitute
acceptable L D. No entry made in such record shall be erased,
obliterated or defaced. Every secondhand dealer shall deliver to
the office of the Chief of Police of the City of Miami Beach a
complete and correct copy of said record within twenty four (24)
hours of the date of acquisition of items covered under this
ordinance.
Sec. 35A-4 Required Recording Form
Each record maintained in compliance with this ordinance shall
be maintained exclusively on the official form designated for
this purpose by the Chief of Police. The Police Department shall
provide without charge to each secondhand dealer a book of
official forms to be used for recording of covered transactions.
Upon completion of all forms within this book, each dealer may
purchase form books for future use from the Police Department
at actual cost or otherwise reproduce the official form for their
own future use.
Sec. 35A-5 Holding Period
A. Items containing gold, silver, platinum or other precious
metal and jewelry, diamonds, gems and other precious stones
shall be held by secondhand dealers for a period of fifteen (15)
days prior to sale, exchange or other disposition thereof. All
other property covered by this ordinance acquired in the course
of a secondhand dealer's business shall be held for a period of
thirty (30) days prior to disposition thereof; provided, however,
that the provisions of this subsection shall not be applicable
when the person known by the secondhand dealer to be the true
owner of any article desires to redeem, repurchase or recover
such article at any time within the required hold period. The
secondhand dealer shall keep a record of the proof of ownership
presented by the true owners.
B. If a police officer has probable cause to believe that an item
acquired by a secondhand dealer in the course of his business is
the subject of a criminal investigation, such police officer may
take the item(s) into custody providing the dealer with a receipt.
Upon release of such property, the secondhand dealer shall keep
a record of the disposition thereof, including the method of
disposal, i.e. redeemed, melted down, altered or sold. If sold by
the dealer, the record shall reflect to whom, address of buyer,
the date and the amount paid, and this record must be
maintained for one year.
Sec. 35A-6 Inspection of Premises and Records
Any law enforcement officer shall have the right to inspect
during normal business hours the records required to be kept by
this Ordinance.
Sec. 35A-7 Certain Acts and Practices Prohibited
Each of the following acts of either a secondhand dealer or any
of his or her employees is hereby declared to be unlawful and
s
shall subject the person convicted thereof by a court of
competent jurisdiction to the penalties prescribed by Article I,
Section 1 of the Related Laws of the City of Miami Beach.
A. Knowingly purchasing or otherwise acquiring any article
covered by this ordinance from 1. any person under the influence
of drugs or alcohol or 2. any minor unless said minor has the
consent of his or her parent or guardian pursuant to Fla. Stat.
538.014 or 3. any person using a name other than his own.
B. Refusing, denying or interferring with the lawful inspection
of the records required to be kept by this ordinance by a police
officer.
C. Disposing of any property covered by this ordinance
contrary to the provisions of this ordinance.
D. Failing or neglecting to comply with any applicable provision
of this ordinance.
Sec. 35A-8 Enforcement
Enforcement of this Ordinance shall be by the Police
Department of the City of Miami Beach.
SECTION 3: REPEALER
That all Ordinance or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4: SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption on July 20 , 1985.
PASSED and ADOPTED this 10thday of July , 1985.
/
MA OR
ATTEST:
/a-14/N.)
CITY CLERK
1st Reading - June 26, 1985
2nd Reading - July 10, 1985
FOM APPROVED
EJL/pb LEGAL DEPT.
By 1. &AA
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Date - 3
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