Ordinance No. 746r
ORDINANCE NO. 746
AN ORDINANCE, Dl:FINIiIG THE TERi,, ;
PROVIDING FCR THE REGULATION AND OPERATION OF
PAv'JNBROKERS; PROVIDING FOR SUPEUVISION ADD CON-
TROL BY THE PULICE DFP. RTi.;Li1T; A 3J11_TY
BOND; REPEALING ORDINANCC S INCONSISTi;:NT H� AZ-Z JITH;
CONTAINING A S,LVI JGS CLAUS:; PRLS ;RIBI£,iG
P�3N 1TY OF T'40 HUNDRED (,1200.00) DOLL,riaS : "ND PRO -
VIDING FOR THE PUBLIC. =JIW ,'dZ EFFECTIVE DATE
TH EHEOF .
,JHi;R2AS, the business of Pawnbrokers is peculiarly subject
to Police regulation in order that unauthorized and unlawful traf-
fic in merchandise handled by Pawnbrokers be controlled and cur-
tailed; and
.IHERE;'ILS, the existing conditions demand that appropriate re-
gulations be made governing said businesses, and it is deemed
highly desirable and proper to aid the Police Officers of the City
of Baytown to apprehend persons guilty of unlawful traffic in such
business, and to aid the Police Officers in recovering stolen pro-
perty; and
tiJHE.RLtiS, the conditions resulting from the operation of such
business, without adequate regulation, supervision and control by
the Police Department, has caused and daily causes great loss to
the citizenship of the City of Baytown and the public at large, and
that the enactment and enforcement of the regulations hereinafter
provided will not unreasonably interfere with the business sought
to be regulated; WO:i, THEREFORE,
BE IT ORDAINLD BY THE CITY COUNCIL OF THL CITY OF Bi�YTO11N:
Section 1: : -� Pawnbroker is one who pursues the business of
lending money upon interest and receiving upon deposit any personal
property as security for the payment of such loan and interest.
Section 2: That no person shall pursue the business of a
Pawnbroker without first having given bond, ivith at least two good
sureties, in the sum of One Thousand (:11,000.00) Dollars, payable
to the City of Baytown, conditioned that he will faithfully comply
with each requirement of lak. +r governing such business. A new bond
shall be given, in the same manner as the first, every twelve months
during the continuance of such business. Such bond shall, at all
times, be filed and safely kept in the office of the City Clerk of
the City of Baytown.
Section 3: That any and all Pawnbrokers, as hereinabove de-
fined, doing business or offering to do business in the City of
Baytown, shall at all times keep on hand a well bound book, to be
kept open for inspection, in which he shall register legibly, in
duplicate, all his transactions as a Broker at the time same occurs.
Such register shall show the following:
1. An accurate description of the article pawned.
2. From whom received.
3. The time and the amount for which the article
is pawned; its probable value and the rate of
interest agreed upon.
4. The final disposition made of such property and,
if sold, to whom sold and the amount for which
each article was sold.
The original of such report shall be retained in the boot: in nui,leri-
cal order by said Broker, and shall at all times be open to the in-
spection of the Chief of Police or any member of the Police Force of
the City of Baytown.
Section 4: The Broker shall give, to the Party pledging, a
ticket corresponding to the entry on the book of registry and, if any
article deposited with such bro!:er shall not be redeemed at or before
the time agreed upon, the Broker shall sell the same at public auc-
tion to the highest bidder for cash, at his usual place of business,
after giving at least five (5) days written notice of such sale.
That such notice of sale shall be given by posting of written or
printed advertisements at not less than three (3) public places in
Harris county, one of which places shall be the Harris County --ourt
House. That such advertisements of sale shall state the time and
place of such sale and shall contain a full description of each art-
icle to be sold, and the name of the person depositing the samm:e, and
a copy thereof shall be filed in the office of the Chief of Police
of the City of Baytown. That all such sales made by a Pqwnbroker
shall be made between the hours of 10:00 o'clock a.m. and 4:00 o'clock
p.m. and no sales shall be made upon Sunday or upon a legal holiday.
Section 5: That when a sale has been made the Pawnbroker
shall, within five (5) days thereafter, file with the Chief of Police
of the City of Baytown, a report in writing and under oath, showing
the following:
1. The time and place of such sale.
2. The notice given thereof.
3. A full description of the property sold and by
whom deposited.
4. By whom purchased and the amount for which each
article was sold.
5. The amount due the Broker, principal, interest and
expenses upon each article sold.
6. The amount of surplus, if any, from the proceeds of
the sale of each article, after deducting the amount
due Broker, of principal, interest and expenses.
Section 6: That any person injured by the failure of a Pawn-
broker to comply faithfully with his contract, or with any require-
ment of law governing the business of Pawnbrokerage, may sue upon the
bond of such Pawnbroker and recover such damages as he may prove hir,-
self entitled to, not to exceed the penalty of such bond.
Section 7: That it shall be unlawful for any Pawnbroker to
alter, change or obliterate any entry in the book of records or in
the report blank.
Section 8: A11 ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided, how-
ever, that such repeal shall be only to the extent of such inconsis-
tency, and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter cov-
ered by this ordinance.
Section 9: If any provision, exception, section, paragraph,
sentence, clause or phrase of this ordinance or the application of
same to any person or set of circumstances shall for any reason be
held unconstitutional, void or invalid, such invalidity shall not
affect the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circumstances and to
this end, all provisions of this ordinance are declared to be sever-
able.
Section 10: Any violation of any of the terms of this ordin-
ance, whether herein denominated as unlawful or not, shall be deemed
a misdemeanor, and any person convicted of any such violation shall
be fined in a sure not exceeding Two Hundred (y200.00) Dollars. ach
day of the continuance of such violation shall be considered a separ-
ate offense and be punishable separately; and any person, agent or
employee engaged in any such violation shall, on conviction, be so
punished therefor.
Section 11: This ordinance shall take effect from and after
ten days from its passage by the City Council. The City Cleric is
hereby directed to give notice hereof by causing the caption of
this ordinance to be published in the official newspaper of the
City of Baytown at least twice within ten (10) days after the
passage of this ordinance.
INTRODUC :D, Ri,'iD and P�SJ":D by the affirmative vote of a
majority of the City Council on this the °th day of `"pril, 1965.
J. C. Huron, i-:ayor Pro Tem
i�
,iTTL -T:
_ y
,.dna Oliver, City Clerk
f,PPROVLD :
George Chan ter, City ,attorney