ORDINANCE NO. 1625 OF 2012
ORDINANCE NO. 1625 OF 2012
ORDINANCE AMENDING SECTION 21-1 OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA, RELATIVE TO GOLD AND SILVER ARTICLES AND ENACTING SECTIONS 21-1 AND 21-2 OF CHAPTER 21 RELATIVE TO PAWNBROKERS AND SECONDHAND DEALERS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. Section 21-1 of Chapter 21 of the Codes of Ordinance of the City of Ruston, Louisiana, is renumbered as Section 21-10 and amended to read as follows: Sec. 21-10. Registration and documentation by persons buying gold and silver articles. At least 24 hours prior to any person engaging in the business within the city of buying used and secondhand articles containing gold or silver, including, but not limited to, finger rings and coins, such person shall register with the city police department, stating the place where the business is to be conducted; the permanent name and address of the person if the person is a principal; and the permanent name and address of the principal if the person is an agent. The person shall not change the location in the city where the business is to be conducted without giving prior notice to the city police department of the change of location. All transactions shall be documented and reported to the city police department within 24 hours. Documentation shall include seller's name, address, telephone number, description of property and picture identification number. Seller must produce picture identification to complete any transaction.
§2. Section 21-1 and 21-2 of Chapter 21 of the Code of Ordinances of the City of Ruston, Louisiana, are hereby enacted to read as follows: Sec. 21-1. Pawnbroker's record of transactions.
(a) All pawnshops and pawnbrokers within the city shall file a daily record with the city police department of transactions made in jewelry, clothing, firearms, furniture, auto tires or accessories, and all other merchandise or junk of any kind.
(b) All daily records shall be filed electronically to a law enforcement web site designated as an agent of the city police department for the sole purpose of collecting such records, or in such other form as may be permitted by the chief of police.
Sec. 21-2. Secondhand dealers; defined, records of transactions.
(a) Every person engaged in the business of buying, selling, trading in, or otherwise acquiring or disposing of used or secondhand property, including but not limited to jewelry, silverware, diamonds, precious metals, furniture, pictures, objects of art, clothing, mechanic's tools, carpenter's tools, automobile hubcaps, automotive batteries, automotive sound equipment such as radios, citizens band (CB) radios, stereos, speakers, cassettes, compact disc players, and similar automotive audio supplies, compact discs (CD), digital video discs (DVD), electronic games and gaming systems, and used building components is a secondhand dealer.
(b) For purposes of this section, a "used building component" shall mean any object produced or shaped by human workmanship or tools that is an element of structural, architectural, archaeological, historical, ornamental, cultural, utilitarian, decorative, or sentimental significance or interest, which has been and may be used as an adjunct to, or component or ornament of any building or structure, regardless of monetary worth, age, size, shape, or condition, that is immovable property or fixture, including but not limited to bricks, siding, gutters, downspouts, lightning rods, chimney roofs, lights, chandeliers, stoves, tubs, sinks, faucets, faucet handles, toilets, bidets, showers, fans, furnaces, air conditioners, water heaters, sprinkling systems, shelving, countertops, cabinets, built-in speakers, shutters, trim, rafters, roof tiles, roofing, studs, foundation, barge boards, paneling, stairs, risers, banisters, wiring, plumbing, hinges, door latches, door knobs, medallions, mantles, flooring, carpet, tiles, molding, wainscoting, pavers, doors, windows, sills, transoms, joists, mailboxes, signage, fountains, decking, gates, fences, planters, landscaping, plantings or portions thereof, or component parts of immovable property of any nature or kind whatsoever.
(c) The following are not secondhand dealers for purposes of this section:
(1) Dealers in coins and currency, dealers in antiques, gun and knife shows or other trade and hobby shows.
(2) Persons solely engaged in the business of buying, selling, trading in, or otherwise acquiring or disposing of motor vehicles and used parts of motor vehicles, and shall not apply to wreckers or dismantlers of motor vehicles who are licensed under the provisions of R.S. 32:771 et seq.
(3) Private residential sales commonly known as "garage sales" or "yard sales" as long as such sales take place at a residential address.
(4) Any bona fide charity possessing a valid exemption under Section 501(c)(3) of the Internal Revenue Code.
(d) Secondhand dealers as defined herein shall file all daily records electronically to a law enforcement web site designated as an agent of the city police department for the sole purpose of collecting such records, or in such other form as may be permitted by the chief of police.
§3. If any one or more of the provisions of this Ordinance shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance, but this Ordinance shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provision enacted after the date of this Ordinance which validates or makes legal any provision of this Ordinance which would not otherwise be valid or legal, shall be deemed to apply to this Ordinance.
§4. This Ordinance shall become effective, after final adoption and publication of the same in the manner prescribed by law, as of April 1, 2012.
This Ordinance was introduced on February 6, 2012, by Alderwoman Glenda Howard, notice of public hearing was published on February 10, 2012, and said public hearing having been held, the title having been read and the Ordinance considered, on motion to adopt by Alderman Elmore Mayfield, seconded by Alderman Jedd Lewis, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE S. RIGGS
WHEREUPON, the presiding officer declared the above Ordinance duly adopted on the 5th day of March, 2012.
EMMETT GIBBS, CLERK
DAN HOLLINGSWORTH, MAYOR
1td: March 9, 2012