Number
120348
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. DONOVAN
Title
A substitute ordinance relating to transactions involving licensed pawnbrokers, secondhand dealers, junk collectors, junk dealers and precious metal and gem dealers.
Sections
92-11-a-0 rn
92-11-a-1 rn
92-11-a-2 rn
92-11-a-3 rn
92-11-a-4 rn
92-11-a-5 rn
92-11-a-6 rn
92-11-a-7 rn
92-11-a-8 rn
92-11-a-9 rn
92-11-b rn
92-11-3 cr
92-11.5 cr
Analysis
This ordinance provides that no person shall pawn, pledge, sell, consign, leave or deposit any article of property with or to a licensed pawnbroker, secondhand dealer, junk collector, junk dealer or precious metal and gem dealer if one or more of the following is true:
1. The article of property is not owned by the person.
2. The article of property is the property of another, regardless of whether the transaction is occurring with the permission of the owner.
3. Another person has a security interest in the article of property.
This prohibition shall not apply to a person who is any of the following:
1. A duly executed power of attorney for the owner of the property.
2. A personal representative of the estate to which the property belongs.
3. The recipient of a lawful written authorization to pledge, sell, consign, leave or deposit the property issued by the owner of the property prior to the time of the transaction.
In addition, this ordinance establishes a penalty for violating the new prohibition. The same penalty is also established for violating an existing prohibition against giving a false or fictitious name, presenting a false or altered identification document, or giving a false date of birth, address or telephone number to a licensed pawnbroker, secondhand dealer, junk collector, junk dealer or precious metal and gem dealer who is gathering information for a transaction description record.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 92-11-a-0 of the code is renumbered 92-11-1-0.
Part 2. Section 92-11-a-1 to 9 of the code is renumbered 92-11-1-a to i.
Part 3. Section 92-11-b of the code is renumbered 92-11-2.
Part 4. Section 92-11-3 of the code is created to read:
92-11. Adequate Information.
3. PENALTY. a. Any person violating this section shall, upon conviction for a first offense, forfeit not less than $50 nor more than $1,000, together with the costs of prosecution, and, in default of payment, may be imprisoned as provided by law.
b. Any person violating this section shall, upon conviction for a second or subsequent offense, forfeit not less than $500 nor more than $2,000, together with the costs of prosecution, and, in default of payment, may be imprisoned as provided by law.
Part 5 Section 92-11.5 of the code is created to read:
92-11.5. Transaction Involving Article Not Owned. 1. PROHIBITION. No person shall pawn, pledge, sell, consign, leave or deposit any article of property with or to a licensed pawnbroker, secondhand dealer, junk collector, junk dealer or precious metal and gem dealer if one or more of the following is true:
a. The article of property is not owned by the person.
b. The article of property is the property of another, regardless of whether the transaction is occurring with the permission of the owner.
c. Another person has a security interest in the article of property.
2. EXCEPTION. Subsection 1 shall not apply to any person pledging, selling, consigning, leaving or depositing any article of property with or to a licensed pawnbroker, secondhand dealer, junk collector, junk dealer or precious metal and gem dealer if the person is any of the following:
a. A duly executed power of attorney for the owner of the property.
b. A personal representative of the estate to which the property belongs.
c. The recipient of a lawful written authorization to pledge, sell, consign, leave or deposit the property issued by the owner of the property prior to the time of the transaction.
3. PENALTY. a. Any person violating this section shall, upon conviction for a first offense, forfeit not less than $50 nor more than $1,000, together with the costs of prosecution, and, in default of payment, may be imprisoned as provided by law.
b. Any person violating this section shall, upon conviction for a second or subsequent offense, forfeit not less than $500 nor more than $2,000, together with the costs of prosecution, and, in default of payment, may be imprisoned as provided by law.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Police Department
Drafter
LRB139644-2
Jeff Osterman
07/18/2012