42-91 ORDINANCE NO. 42-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY 8EACH, FLORIDA, AMENDING CHAPTER 118,
"SOLICITORS AND PEDDLERS", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A
NEW SUBHEADING, "PAWNBROKERS AND SECOND-HAND
DEALERS"; PROVIDING FOR DEFINITIONS AND EXEMPTIONS;
PROVIDING A RECORDS REQUIREMENT FOR SECOND-HAND
DEALERS WHICH INCLUDES A REQUIREMENT FOR A
SIGNATURE, IDENTIFICATION AND THUMB PRINT; PROVIDING
FOR PENALTIES; PROVIDING A SAVING. CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 538 of the Florida Statutes governing
second-hand dealers, was amended in 1990 deleting the requirement for
certain record keeping and the requirement to provide an original
thumbprint of the seller; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires to include in its ordinances necessary provisions for
· proper record keeping and the requirement for a thumb print to~
supplement Chapter 538 of Florida Statutes Part I; and,
WHEREAS, the City Commission of the City of Delray Beach,,
Florida, finds it necessary to include certain record keeping and thumbi
print requirements in order to aid its law enforcement personnel in thei
arrest and prosecution of individuals engaging in stolen property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THEI
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 118, "Solicitors and Peddlers", ofl
the Code of Ordinances of the City of Delray Beach, Florida, be and thel
same is hereby amended by enacting a new subsection, "Pawnbrokers andl
Second-Hand Dealers", to read as follows:
"PAWNBROKERS AND SECOND-HAND DEALERS".
Section 118.50. DefinitioDs and Exemptions.
i. The definitions contained in Florida Statutes, Chapter'
538.03(1) and exemptions provided in Florida Statutes
538.03(2) are incorporated as if fully set forth herein. ~
Section 118.5i. Record Keeping Requirements._
(A) Any second-hand dealer, in addition to meeting the
requirements of. Florida Statutes Section 538.04 shall
maintain records which includes an original right thumb
print and signature of each person from whom each article
is pawned, purchased or de]ivered, together with such
person's driver's license number, social security number
or other identifying number.
Section 118.52. Penalties.
Any person, firm, or corporation who violates any provision of
this subchapter'shall, upon conviction, be subject to a fine
not exceeding five hundred dollars ($500.00) or imprisonment
for a term not exceed ninety (90) days, or both. Each day an~
violation shall continue to exist shall constitute a separate
offense.
Section 2. That should any sect[on or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section' 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective within,
ten 10) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 9th day of July 19 91
ATTEST:
City Clerk- - F -
First Reading June 25, 1991
Second Reading July 9, 1991 ~:m
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ORD. NO. 41-91