Ordinance No. 801ORDINANCE•' NO. 801
AN ORDINANCE DEFINING THE T MI "PANNBROKER "; PROVIDING
FOR THE REGULATION AND OPERATION OF PNANBROK,3R; PROVIDING
FOR SUPERVISION AND CONTROL BY THE POLICE DEPARThENT; RE-
QUIRING A SURETY BOND; REP CALING ORDINANCES INCONSISTENT
HERZWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXI-
MW PENALTY OF TWO HU14DRED ($200.00) DOLLARS AND PROVIDING
FOR TH3 PUBLICATION AND EFFECTIVE DATA. THEREOF.
t^HEREAS, the-business of Pawnbrokers is peculiarly subject to Police
regulation in order that unauthorized and unlawful traffic in merchandise handled
by Pawnbrokers be controlled and curtailed; and
WHEREAS, the existing conditions demand that appropriate - ,regulations 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 recover-
ing stolen property; and
WHEREAS, 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 regula-
tions hereinafter provided will not unreasonably interfere with the business
sought to be regulated; M.1, THLREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE' CITY OF BAYTOWN:
broker
Section 1: A Pawn /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 with-
out first having given bond, with at least two good sureties, in the sum of
One Thousand ($1,000.00) Dollars, payable to the City of Baytown, conditioned
that he will faithfully comply with each requirement of law 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 defined, 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
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shall register legibly, in duplicate, all his transactions as a Broker at the
time same occurs. He shall register all property acquired by him, whether acquired
from another pawnbroker, private firms or persons or from any source whatsoever.
Such register shall show the following:
1. An accurate descriptioh of the article pawned or purchagedi
2. From whom received or purchasedf his addrebs and place of employment.
3. The time and the amount for which the article is pawnedl its
probable value and the rate of interebt a #reed upon.
4. The final disposition made of such property and, if sold, to
whom sold and the amount for which each article was sold!
5. On all sales, to whom abldi
The original of such report shall be retaified 3ti the book in numerical order by
sadd Broker, and shall at all times be open to the inspection 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 corres-
ponding to the entry on the book of registry and, if any article deposited
with such Broker shall not be redeemed at or before the time agreed upon, the
Broker shall sell the same at public auction 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 Baytown City Hall. That such advertisements
of sale shall state the time and place of such sale and shall contain a full
description of each article to be sold, and the name of the person depositing
the same, 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 Pawnbroker 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 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 Pawnbroker to
comply faithfully with his contract, or with any requirement of law governing the
business of Pawnbrokerage, may sue upon the bond of such Pawnbroker and recover
such damages as he may prove himself 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: All ordinances or parts of ordinances inconsistent'with terms'
of this ordinance are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency, and in all other respects this
ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered 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 µnconstitutiohal, 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 thie ordinance are declared to be severable,
Section 10: Any violation of any of the terms of this ordinance, 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 sum not exceeding Two Hundred
($200.00) Dollars. i'ach day of the continuance of such violation shall be consid-
erated a separate 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 Clerk is hereby directed to
give notice hereof by causing the caption of this ordinance to be published
in the official newspater of the City of Baytown at least twice within
ten (10) days after the passage of this ordinance.
INTRODUCED, READ and PASSM, by the affirmative vote of a majority of the
City Council on this the 23 day of June, 1966.
ATT EST :
Edna Oliver, City Clerk
APPROVM AS TO FORM:
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George andler, City Attorney
Seaborn Cravey, Thgayor