1986 03-03i •
A G E N D A
MERIDIAN CITY COUNCIL
MARCH 3, 1986
ITEM:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
MINUTES OF PREVIOUS MEETING HELD FEBRUARY 18, 1986: (APPROVED)
PROCLAMATION DECLARING NATIONAL TEACHERS DAY:
REQUEST BY SENIORS CITIZENS FOR BLOCK GRANT FUNDS: (APPROVED)
PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY TERTELING TRUST:
(ATTOPNEY TO PREPARE ORDINANCE)
PUBLIC HEARING: ZONING AND DEVELOPMENT AMENDMENTS PROPOSED BY
BY THE PLANNING & ZONING COMMISSION: (ATTORNEY TO PREPARE ORDINANCE)
REQUEST BY D'ARLENE STUTZMAN FOR EXTENSION IN RECORDING THE FINAL
PLAT ON ARNIE SUBDIVISION: (ONE YEAR EXTENSION GRANTED)
PRE-TERMINATION HEARING, WATER, SEWER,TRASH DELINQUENCIES:
(TURN-OFF LIST APPROVED)
APPROVE THE BILLS: (APPROVED)
TODD DEVINE REQUEST FROM THE TABLE: (TABLED UNTIL APRIL 7, 1986)
PAWNBROKERS ORDINANCE # 463: (APPROVED)
APPROVE SUMMARY OF ORDINANCE # 463 FOR PUBLICATION: (APPROVED)
DEPARTMENT REPORTS:
•
MERIDIAN CITY COUNCIL MARCH 3, 1986
Regular Meeting. of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Dale Bates, Glennie Sleight, Martha Berry, Jon Thompson,
Joe Turner, Lilian Turner, Jim Kimball, Ranon Amoureux, Roy Porter,
Kevin Robertson, Steve Wherry, Ray & Jane Fischer, Bob Mitich, Gary
Smith, Wayne Crookston, Ronda Lowe, Bob Spencer, Kenny Bowers, Tom
Cole:
The Motion was made by Tolsma and seconded by Myers to approve the minutes
of the previous meeting held February 18, 1986 as written:
Motion Carried: All Yea:
Mayor Kingsford read a Proclamation declaring March 4, 1986 as National
Teachers Day:
Mayor Kingsford, I notice there are several people present from Meridian
Manor Subdivision and I might ask the City Engineer to update the Council
as to where this stands with regards to groune~~ water.
City Engineer, I have a meeting tomorrow at 9:00 a. m. with Mr. Fischer
and Mr. Thompson to set down and discuss the situation. There has not
been any additional contacts since the meeting held last Thursday,appar-
ently there are some homes there that have some ground water in the crawl
space, I don't know how many but this is one of the things I hope to find
out tomorrow.
Item #1: Request by Senior Citizens for Block Grant Funds:
Mayor Kingsford, the Senior Citizens have requested that the City invest-
igate the possiblity of obtaining a matching fund Block Grant for some
improvements at their center in the amount of $10,000.00, are there any
question of the Council? There was no response.
The Motion was made by Brewer and seconded by Giesler that the City of
Meridian ask Mr. Wayne Forrey, JUB Engineers to investigate obtaining
a Community Block Grant for the Senior Citizens:
Motion Carried: All Yea:
Mayor Kingsford advised the Senior Citizens that a Public Hearing will
have to be held on this request which will be on March 17, 1986 as well
as a Public Hearing on the request for a Block Grant for Water & Sewer.
Item #2: Annexation & Zoning Terteling Trust #7 property:
Mayor Kingsford, this is a Public Hearing on the Annexation & Zoning of
a 30 foot strip of property that was not included in the orginal request,
I will now open the Public Hearing, is there anyone present who wishes
to testify in this matter? There was no response: Public Hearing was closed.
MERIDIAN CITY COUNCIL • •
MARCH 3, 1986
PAGE # 2:
Mayor Kingsford, any questions or comments of the Council? There were
none.
The Motion was made by Myers and seconded by Tolsma that the Meridian
City Council hereby adopts and approves the Findings of Fact and Conclus-
ion as prepared for the Meridian Planning & Zoning Commission on this
request:
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
The Motion was made by Myers and seconded by Tolsma to instruct the City
Attorney to prepare an Ordinance on this Annexation & Zoning request.
Motion Carried: All Yea:
Item #3: Public Hearing: Ammendments to the Zoning & Development Ordinance:
Mayor Kingsford, this is a Public Hearing on the proposed Amendments to
the Zoning & Development Ordinance that the Planning & Zoning Commission
have requested. I will now open the Public Hearing, is there anyone
present who wishes to testify in this matter? There was no response, the
Public Hearing was closed. There were no comments or questions of the
Council.
The Motion was made by Myers and seconded by Giesler that the Meridian
City Council hereby adopts and approves the Findings of Fact and Concl-
usions as prepared for the Meridian Planning and Zoning Commission:
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
The Motion was made by Myers and seconded by Tolsma to instruct the City
Attorney to prepare an Ordinance on these Amendments to the Zoning and
Development Ordinance:
Motion Carried: All Yea:
Item #4: Request for extension in recording the Final Plat on Arnie
Subdivision by D'Arlene Stutzman:
Mayor Kingsford, Mrs. Stutzman has requested the City of Meridian grant
them a one year extension on the recording of the Final Plat of Arnie
Subdivision due to financial reasons. I do not have any problems with
this request. Are there any comments or questions of the Council? There
were none.
The Motion was made by Myers and seconded by Tolsma to approve the request
of D'Arlene Stutzman for a one year extension in the recording of the Final
Plat of Arnie Subdivision:
Motion Carried: All Yea:
Item #5: Pre-Termination Hearing, Water/Sewer/Trash Delinquencies:
MERIDIAN CITY COUNCIL • •
MARCH 3 , 19 8 6
PAGE # 3
_ M~~ Kingsford, You have been advised in writing, if you choose to, you
have the right to a pre-termination hearing, before the Mayor and Council
to appear in person to be judged on facts and defend the claim made by the
City that your water, sewer and trash bill is delinquent. You may retain
Counsel. Is there anyone in the audience who wishes a hearing? There was
no response. Due to their failure to pay their water bill or present any
valid reason why the bill has not been paid, their water shall be turned
off on March 11, 1986. In order to have their water turned back on, there
will be an additional fee of $10.00. They are hereby informed that they
may appeal or have the decision of the City reviewed by the Fourth Judicial
District Court, pursuant to Idaho Code, even though they appeal their
water will be shut off.
The Motion was made by Tolsma and seconded by Myers to approve the turn-
off list:
Motion Carried: All Yea:
Mayor Kingsford advised the turn-off list amounted to $10,164.75:
Item #6: Bills:
The Motion was made by Tolsma and seconded by Giesler to approve payment
of the bills:
Motion Carried: All Yea:
Item #7: Todd Devine Request from the table:
Mayor Kingsford, Mr. Devine has not submitted anything further since
the prior meeting where this request was tabled, I would recommend the
Council tabled until future date.
The Motion was made by Giesler and seconded by Myers to table this matter
until the April 7, 1986 meeting.
Motion Carried: All Yea:
Item # 8: Pawnbrokers Ordinance #463:
Mayor Kingsford, an Ordinance of the City of Meridian amending Title III
of the revised and complied Ordinances of the City of Meridian by the
addition thereto of provisions for regulating and licensing pawnbrokers
and providing provisions for definitions; applications; license required;
applications and procedures, license fee; records; minors and intoxicated
persons; sales; forfeitures; hours of operation; reports to Chief of
Police; notice from police department; stolen property; return to true
owner; appeal from denial of license, revocation or suspension of license;
violations; and penalties and providing an effective date. Is there any-
one in the audience who wishes Ordinance #463 read in its entirety? There
was no response.
The Motion was made by Giesler and seconded by Myers that the rules and
provisions of 50-902 and all rules and provisions requiring that Ordinances
be read on three different days be dispensed with and that Ordinance #463
as read be passed and approved:
. .
MERIDIAN CITY COUNCIL • •
MARCH 3, 1986
PAGE # 4
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
Item #9: Summary of Ordinance #463:
Mayor Kingsford, the Council needs to approve the summary of Ordinance
#463 as prepared by the City Attorney for publication in the Valley News:
The Motion was made by Tolsma and seconded by Giesler to approve the
summary of Ordinance #463:
Motion Carried: All Yea:
Department Reports:
Mayor Kingsford, Councilman you all received a copy of the letter from
G.E. Credit. What has transpired on this is that about one month ago
a check was received from Boise Homes which was returned for insufficient
funds , this was for the December 15, 1985 billing since that time G.E.
Credit has taken over and they do not feel they have an obligation for
this the balance is for the January 15, 1986 billing. I have received
two phone calls from Mr. Doering and have advised him that under the
Ordinance's we have power to place a lien on that property and also turn
off the water, Mr. Doering advised me he did not think we had that author-
ity, so I advised him we would bring it up at the Council Meeting. He did
offer on the phone as stated in the letter to split the difference and
pay half.
Myers, what would happen with the other half?
Mayor Kingsford, we would be writing it off if we agreed to accept half.
Do you have anything Counselar to add?
Crookston, my advise would be to write Mr. Doering and if they did not
pay it would be to collect with the taxes.
The Motion was made by Tolsma and seconded by Giesler to have the City
Attorney write to G.E. Credit and advise them that if the account was
not paid it would be assessed on the property taxes.
Motion Carried: All Yea:
Gary Smith, City Engineer, just a couple of comments, Mr. Heller is now
back in the Park, Boise State University will be using the Baseball Field
for their games and our utility contractors has started relocation of the
necessary items on Cherry Lane.
Being no further business to come before the Council the Motion was made
by Myers and seconded by Tolsma to adjourn at 7:50 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTEST:
Jac Ni an , City Clerk
APPROVED:
4`
RANT KINGSF RD, YOR
~ ~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a public hearing at 7:30 o'clock p.m. on March
3, 1986, at the Meridian City Hall, 728 Meridian Street,
Meridian, Idaho, for the purpose of considering the application
of the Planning and Zoning Commission to amend the Zoning
Ordinance and the Subdivision Ordinance. The Commission's
proposed amendment relates to 1. setting forth and amending the
fencing standards in residential, commercial and industrial
zones; 2. setting forth a procedure to amend lot lines in
previously platted subdivisions; 3. setting forth restrictions
for yard set-backs on Zero lot line lots; and 4. setting forth
standards for yard lights where subdivision street light
requirements have been waived.
Any and all interested persons shall be heard at said public
hearing.
DATED this ~~ day of Y ~ r , 1986.
~.._
Jack emann, ity Clerk
AM BROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
63842
Telephone 668.4461
C
General
Electric
Credo
1020 MARSH ROAD
February 28, 1986
SUITE 200
MENLO PARK, CA 94025
TELEPHONE: (415) 324-0122
Mayor Grant Kingsford
City of Meridian
728 Meridian Street
Meridian, ID 83642
Dear Mayor Kingsford:
As I communicated in our discussion on February 28, 1986, GECC feels it has no
obligation to pay the liabilities of Boise Homes and does not intend to do so
at this time. You have stated you have lien rights against GECC's property
for settlement of this claim. I question these rights, but have no objection
to you pursuing your rights.
You have indicated that you will terminate the water service to GECC's property
if GECC does not pay the Boise Homes bill, despite the fact that GECC's
account is not delinquent. This threat would normally force a property owner
to pay outstanding obligations, but since GECC is conducting no activity at
this property, it has no material need for your services and can make
alternate arrangements. However, you should be aware, that if you elect to
terminate GECC's services against-our will, we will not make payment on our
account and we will hold your city responsible for any damages suffered as a
result of your actions.
In the spirit of cooperation, I have proposed t
$1,820.00 as payment in full. I felt this was
concluding this matter immediately. This offer
Very truly~`yours,
David H. Doering 0~
Operations Manager
o settle this issue by offering
a fair and equitable means of
expires March 7, 1986.
/1jp
OFFICIALS
JACK NIEMANN, Clty Clerk
A. M. KIEBERT, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE d. CROOKSTON, JR., Attomsy
EARL WARD, Weate Water Supt.
KENNY BOWERS, FIre Chlaf
ROY PORTER, Pollce Chtef
GIAARY SMITH, Clty Engineer
HUB OF TREASURE VALLEI' •
A Good Place to Live
CITY OF MERIDIAN
728 Meridian Street
MERIDIAN, IDAHO
83842
Phone 88811433
GRANT P. KINGSFORD
Mayor
PROCLAMATIOP~
NATIONAL TEACHERS DAY
March 4, 1986
WHEREAS:
THEREFORE:
the City of Meridian commends Idaho teachers for
their excellence in teaching.
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT OIESLER
BOB SPENC ER
Chairman Zoning & i 'arming
as Mayor of Meridian, I do hereby proclaim, Tuesday
March 4, 1986 as National Teachers Day, and urge all
residents to join in our salute.
G•'
nt P. Kings ord, AYOR
CITY OF MERIDIAN, IDAHO
Meridian Area Senior Citizens Assn., Inc.
133 W. Broadway • P.O. Box 46 • Meridian, Idaho 83642
Telephone (208) 888-5123
February 25, 1986
Grant P. Kingsford, Mayor
& City Councilmen
City of Meridian
728 Meridian Street
Meridian, Id. 83642
Dear Mayor Kingsford & Councilmens
The Meridian Area Senior Citizens Assn., Inc. are again this
year respectfully requesting the City of Meridian to make
application for Idaho Community Development Block Grant Funds
for the Senior Center.
The grant would be used to make improvements in the main
recreation hall at the Center. These improvements would
include the followings
-- Replacement of windows with Frost Guard Thermal
Barrier Windows
-- Install sound-proof sliding room divider to allow
more than one activity to take place at a time
without interfering with each other
-- Re-do floor to allow a dance floor along with replacing
worn carpet which is now taped for safety
It is estimated the above project will cost a total of
approximately $20,000. We would request application be
made for $10,000 with the Seniors matching $10,000.
Your consideration of this request will be greatly appreciated.
Sincerely
W. Dale Ryan, Pre ent
WDR/gs
cc: Wayae Forey, JUB
.~ ,
ORDINANCE NO. [~
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE III OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE
ADDITION THERETO OF PROVISIONS FOR REGULATING AND LICENSING
PAWNBRORERS AND PROVIDING PROVISIONS FOR DEFINITIONS;
APPLICATION; LICENSE REQUIRED, APPLICATION, AND PROCEDURE;
LICENSE FEE; RECORDS, MINORS AND INTOXICATED PERSONS; SALES;
FORFEITURES; HOURS OF OPERATION; REPORTS TO CHIEF OF POLICE;
NOTICE FROM POLICE DEPARTMENT; STOLEN PROPERTY, RETURN TO TRUE
OWNER; APPEAL FROM DENIAL OF LICENSE; REVOCATION OR SUSPENSION OF
LICENSE; VIOLATIONS; AND PENALTIES AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian have concluded that it is in the best interest of the
City of Meridian to amend Title III of the Revised and Compiled
Ordinances of the City of Meridian; by the addition thereto of a
Chapter relating to pawnbrokers;
WHEREAS, under Idaho Code, 50-302, the City of Meridian has
authority to make such ordinances, rules, regualtions and
resolutions as may be expedient to maintain the good government
and welfare of the City and its trade, commerce and industry; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title III of the Revised and Compiled
AMBROSE,
FITZOERALD
& CROOKSTON
Ariomeys and
Counealora
P.O. Box 427
Merldlen, Idaho
83842
Telephone 8884487
Ordinances of the City of Meridian is hereby amended by the
addition thereto of Chapter 20, Pawnbrokers which shall read as
follows:
f
•
3-2001: DEFINITION PAWNBRORER: Every person, firm,
partnership, association or corporation who makes it a
business, or conducts or operates a business, to take or
receive, by way of pledge, pawn, exchange or
hypothecation, any goods, wares, or merchandies, or any
kind of personal property whatever, as security for the
repayment of money lent thereon, including the payment
of interest on the money lent, or who makes it a
business of receiving or purchasing personal property or
other valuables for the purpose of~selling the same back
again at a stipulated price; or makes it a business of
lending money secured by a chattel mortgage, UCC
financing statement or personal property while keeping
possesion of the item of property placed as security;
for all intents and purposes under this Chapter is
hereby defined as a pawnbroker and shall be governed by
the terms of this Chapter.
3-2002: APPLICATION: This Chapter shall be applicable to the
principals of any entity performing any activity
regulated by this Chapter and to their agents and
employees. Every pawnbroker regulated hereunder shall be
liable for all the penalties provided herein for
violation of any provision of this Chapter, whether
such violation be committed by himself or his agent,
clerk or employee.
3-2003: LICENSE REQUIRED; APPLICATION; AND PROCEDURE
(A) It shall be unlawful for any person, firm,
partnership, association or corporation to engage in the
business of a pawnbroker unless a valid license therefor
has been issued as herein provided and said license is
in full force and effect.
(B) An application for such license shall be made to
the City Clerk in such form and manner as the City Clerk
may prescribe. Such application shall include, but not
necessarily be limited to, the following information:
1. The name and address of the applicant, and if
a partnership, the names and addresses of each
partner, and if a corporation or association, the
names and addresses of the principal stockholders,
and the name and residence of the operating manager
of the business.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Boz 427
Meridian, Idaho
83842
TelephoneBB&4481
2. Whether the applicant has had a similar
license revoked by the City of Meridian or any
other city in this State or of the United States or
•
•
any State of the United States within the past five
(5) years.
3. Whether the applicant or any principal or
partner has been convicted of any felony or
misdemeanor, other than minor traffic violations,
the nature of the offense, and the date, and the
punishment or penaalty assessed therefor.
4. The name and address of each employee of the
business and whether that employee has been
convicted of any felony or misdemeanaors, other
than minor traffic violations, the nature of the
offense, and the date, and the punishment or
penalty assessed therefore; that upon change of
employees the above information shall be forwarded
to the City Clerk 10 days after the hiring of a new
employee.
(C) Upon receipt of any application for a license, the
City Clerk shall cause an investigation to be made of
the applicant or applicants. Also, upon receipt of the
name of a new employee, the City Clerk shall cause an
investigation to be made of the employee. Such
investigation shall be completed with thirty (30) days.
(D) No person or entity shall be issued a license to
engage in the business of a pawnbroker when that pawn:
1. Is under the age of eighteen (18) years;
2. Is not a bona fide owner of such business;
3. Has had a similar license revoked by this City
or any other city of this State or of the United
States within five (5) years immediately preceding
the date of the filing of the application;
4. Has been convicted of any felony, or has been
convicted of any other crime, whether felony or
misdemeanor, involving moral turpitude within the
five (5) years immediately preceding the date of
the filing of the application;
AMBROSE,
FITZOERALD
BCROOKSTON
Attorneys end
Counaelore
P.O. Box 427
Meridian, Idaho
63842
Telephone 888.4181
5. Has misrepresented or made a false or
fraudulent statement of material or relevant facts
contained in the application; or
6. Has engaged in a fraudulent transaction or
enterprise.
• •
(E) An affirmative showing with respect to the
qualifications herein specified shall be required to be
made with respect to each applicant, and to each partner
of a partnership applicant and to each officer, director
or member of the governing board of a corporation or
association and with regard to each employee.
(F) Upon completion of the investigation, the City
Clerk, shall issue, subject to Meridian City Council
approval, and approval of the Chief of Police, and upon
payment of prescribed license fee, a license which shall
expire at the end of the calendar year, unless sooner
revoked or surrendered.
(G) The City Clerk shall notify the applicant if his
license is disapproved, the reasons therefor and advise
him of the appeal procedure.
(H) Licenses shall not be transferable, either as to
person or place. The license issued hereunder shall be
posted conspicuously in each place of business named
therein.
3-2004: LICENSE FEE. The City Clerk shall collect before the
issuance of any license or renewal thereof, an annual
license fee of One Hundred Dollars ($100.00).
3-2005: RECORDS: Every pawnbroker shall keep a record of every
article pledged with him, or sold to him or received by
him, and this record shall be open to the inspection of
any police officer at any time during the hours of the
pawnbroker's business. Such record shall be upon the
form as may be required by the Chief of Police and shall
provide the following information:
(A) Name of pawnbroker;
(B) Name, address, date of birth, sex, height, weight
and social security number of pledger or seller;
(C) The date of the transaction, the article pledged or
sold together with its description including the make,
model number, serial number, or if such number does not
exist, such other type of identification such as color,
size, identifying marks, as well as the amount of the
loan. An individual copy of such record shall be made
for each article pawned.
AMBROSE,
FITZOERALD
~ CROOKSTON
Ariomeys end
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
(D) The pledgor or seller's motor vehicle operator's
•
•
license number or Idaho I.D. or military I.D. and the
state of issue.
(E) Signatures by both pawnbroker and pledger or
seller.
(F) All forms must be filled out in legible manner, and
shall be filled out by the broker or his agent
(employee).
(G) Every record shall be executed by the pawnbroker
and the pledger or seller at the time the transaction
occurs. The pawnbroker shall compare the signature upon
the transaction record with the signature on the
seller's identification.
All pawnbrokers reports shall be made in triplicate, one
(1) to be retained by the pawnbroker and (2) copies to
be available to the Police Department upon request. The
record required to be maintained shall be retained for a
period of one year after the date of the transaction.
AMBROSE,
FITZ(iERALD
& CROOKSTON
Attorneys and
Counselore
P.O. Box 427
McHdlen,ldaho
93842
Telephone 8884481
3-2006: MINORS AND INTOXICATED PERSONS: No pawnbroker shall:
(A) Buy items of value from or loan money on property
to any person under 18 years of age. This provision
shall not prevent sales to any person regardless of age.
(B) Have any business dealings as a pawnbroker with a
person who is under the influence of alcoholic beverages
or drugs such that it impairs his business judgment.
3-2007: SALES: No personal property purchased by a pawnbroker
at his place of business shall be sold or removed from
such place of business for a period of at least seven
(7) days after being so purchased without written
consent of the Chief of Police. Excluded from this
restriction are transactions in gold and silver bullion
or coins.
3-2008: FORFEITURES: Every pawnbroker shall allow a period of
thirty (30) days fora pledgor to repay the loan before
the property pledged shall become forfeitable. Upon
payment by the pledgor of the service charge incurred
in connection with the loan for the first thirty (30)
days, the pawnbroker shall automatically extend the loan
repayment period another thirty (30) days.
3-2009: HOURS OF OPERATION: Legal hours for pawnbrokers, as
herein defined, may be between the hours of 7:00 am and
• •
10:00 pm each day unless special permission is obtained
from the Chief of Police.
3-2010: REPORTS TO CHIEF OF POLICE: The Chief of Police or
other officers of the Meridian Police Department may, at
their discretion, require a written report of said
business transactions, and during the business hours of
every day may conduct a personal examination of any
articles pledged or sold or inspect the books or records
of such pawnbroker showing the articles or things
purchased or pawned.
3-2011: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of
Police or any member of the Police Department shall
notify any pawnbroker in writing not to sell any
property deposited or purchased by him or permit the
same to be redeemed, such property shall not be sold or
permitted to be redeemed for a period of sixty (60) days
from the date of such notice, but such notice may be
renewed by written request for an additional sixty (60)
day period or periods. Further, a notice may be
terminated at any time in writing by the Chief of
Police.
3-2012: STOLEN PROPERTY; RETURN TO THE TRUE OWNER:
(A) Any article pledged or sold to a pawnbroker which
is subsequently determined by a law enforcement agency
to have been stolen shall be transferred to the custody
of such agency upon the agency's written request, or, at
the direction of the agency, shall be returned by the
pawnbroker to the true owner. The true owner shall not
be liable to the pawnbroker for any amounts expended by
the pawnbroker with respect to an article deemed stolen.
The pawnbroker shall not be required to return stolen
property to the true owner until:
1. He receives written notice from the law enforce-
ment agency authorizing the release of the property
to the true owner and specifying the name, address
and Social Security number of the true owner;
2. The true owner, in person, requests the return
of the property, executes a receipt therefore, and
presents proper identification showing his name,
address, Social Security number and signature.
AMBROSE,
FITZOERALD
& CROOKSTON
Attorneys and
Counselore
P.O. Box 427
Meridlen, Idaho
83842
Telephone 888.448Y
3. If a disagreement exists concerning the
ownership of property, the item shall be held by
the Meridian Police Department for 30 days in order
•
•
to allow the pawnbroker to seek judicial
determination of ownership. If such action is not
filed within 30 days, the item will be returned by
the Meridian Police Department to the recorded
owner.
(B) Upon the return of stolen property to the true
owner either by the pawnbroker or law enforcement
agency, the pawnbroker shall complete such documentation
as may be necessary or required to effect the transfer
of the property including such documents pertaining to
the registration of firearms as may be required by
local, State or Federal authorities. Upon return of an
item of property to a true owner, said owner shall agree
in writing to pursue a course of criminal prosecution
which could result in restitution for any victimized
party.
3-2013: APPEAL FROM DENIAL OF LICENSE: Within five (5) days,
excluding weekends and legal holidays, from refusal of
the City Clerk to issue or renew a license under this
Chapter, the applicant for a license may appeal to the
City Council for the purpose of having the City Council
review the action of the City Clerk.
The appeal by the licensee or the applicant whose
license has been refused must be in writing and shall
set forth the reason why such license should not be
refused.
AMBROSE,
FITZ(iERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
es9aa
Telephone 9884481
The City Council shall hear the appea
(30) days, excluding weekends and legal
the filing thereof, and shall render its
twenty (20) days, excluding weekends and
after said hearing. The decision of the
City Council may be appealed to the
District Court pursuant to the Idaho
Procedures Act.
1 within thirty
holidays, after
decision within
legal holidays,
majority of the
Fourth Judicial
Administrative
3-2014: REVOCATION OR SUSPENSION OF LICENSE: The City Council
shall have the power to revoke or suspend any license
granted in accordance with this Chapter for any of the
following causes:
(A) Fraud, misrepresentation or false statement
contained in the application for license;
(B) Fraud, misrepresentation or false statement made in
the course of carrying on the business of a pawnbroker;
r:
•
(C) Any other violation of this Chapter; or
(D) The hiring of any person who has been convicted of
a felony, or has been convicted of any other crime,
whether felony or misdemeanor, involving moral turpitude
within the five (5) years immediatley preceding the date
of being employed;
(E) Conviction of any felony or misdemeanor involving
fraud, theft, dishonesty or receiving or possessing
stolen property, or any other crime involving moral
turpitude.
(F) Failure to pay any tax levied by the Idaho State
Tax Commission pursuant to Idaho Code , Section 63-2313.
Prior to any revocation or suspension, the licensee
shall be granted the opportunity for a public hearing
before the City Council, which hearing shall be held not
later than twenty (20) days after written notice to the
licensee of intent to revoke or suspend. Such notice
shall specify the date, time and place of hearing and
shall state the proposed basis for the suspension or
revocation, and shall be delivered to the licensee
personally or mailed to the licensee at the address set
forth in the license application. If, after such public
hearing, the City Council determines that one or more of
the grounds for revocation exists, it may revoke the
license. The decision of the City Council may be
appealed to the Fourth Judicial District Court pursuant
to the Idaho Administrative Procedures Act.
3-2015: VIOLATIONS:
(A) It shall be unlawful for any pawnbroker or any
clerk, agent, employee of a pawnbroker to:
1. Acquire, by purchase, trade, exchange or
otherwise, goods bearing evidence of a serial
number which has been tampered with or scratched or
obliterated in any matter unless such person
immediately contacts the Meridian Police
Department;
2. Accept, buy or exchange any articles prior to
examining the identifying credentials of the person
selling or exchanging said articles;
AMBROSE,
FITZ(iERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
3. Fail to maintain the records required under
Section 3-2005, or fail to maintain such record as
II • •
AMBROSE,
FITZCiERALD
& CROOKSTON
Attomays and
Counaelore
P.O. Box 427
Meridlen, Idaho
83842
Telephone 8884181
to any item of which record is required to be
maintained under Section 3-2005, or fail to make an
entry of any material matter in the record of any
transaction;
4. Make any false entry in the record required by
Section 3-2005;
5. Obliterate or destroy the record required by
Section 3-2005; provided, however, that such
records may be destroyed at the expiration of the
one-year retention period prescribed in Section
3-2005;
6. Refuse to allow any law enforcement officer to
inspect the record required by Section 3-2005 or
any articles in his possession during normal
business hours;
7. Report any material matter falsely to a law
enforcement officer;
8. Acquire by purchase, trade, exchange or
otherwise, any articles from any person under
eighteen (18) years of age, without the express
written consent of his or her parent or guardian or
unless said minor is the head of a family; or
9. Fail to report forthwith to the Meridian City
Police Department the receipt of any property which
the pawnbroker has good cause to believe has been
lost or stolen, together with the name of the
owner, if known, and the date when and the name of
the person from whom the property was received.
10. Hire or employe any person who has been
convicted of any felony, or has been convicted of
any other crime, whether felony or misdemeanor,
involving moral turpitude within the five (5) years
immediately preceding the date of the filing of the
application;
(B) It shall be unlawful for any person to use a false
name, a fictitious address, or any address other than
the true address, or to furnish any false, untrue or
misleading information or statement relating to the
information required by Section 3-2005.
(C) It shall be unlawful for any person to pledge or
sell any goods, chattels or effects, or any personal
+ • ,v A
•
•
property leased or let to him by any instrument in
writing under a contract or purchase not yet fulfilled.
3-2016: PENALITIES: Any person violating any of the
provisions of this Chapter shall be guilty of a
misdeameanor and upon conviction thereof, shall be
punished by a fine of not more than three hundred
dollars ($300.00), or by imprisonment in the County jail
for not more than thirty (30) days, or by both such fine
and imprisonment for each violation.
Section 2. WHEREAS, there is an emergency therefore, which
emergency is hereby declared to exist, this Ordinance shall take
effect and be in force from and after its passage, approval and
publication as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this day of
~' / 6~'~ ~ 'l , 1986.
APPROVED:
OR, GRA P. NGSFORD
AMBROSE,
FITZCiERALD
BCROOKSTON
Attorneys end
Counselore
P.O. Box 427
McHdlen,ldeho
83842
Telephone 88&4481
ii • •
SUMMARY OF ORDINANCE NO. ~~
On March 3, 1986, at its regular meeting on the first Monday
of the month the Meridian City Council passed and approved
Ordinance No. ~. which Ordinance amends Title 7, of the
Revised and Compiled Ordinances of the City of Meridian by the
addition of Chapter 20 pertaining to Pawnbrokers; the Title of
Ordinance ~~. reads as follows:
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE III OF
THE REVISED AN COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE
ADDITION THERETO OF PROVISIONS FOR REGULATING AND LICENSING
PAWNBRORERS AND PROVIDING PROVISIONS FOR DEFINITIONS;
APPLICATION; LICENSE REQUIRED, APPLICATION, AND PROCEDURE;
LICENSE FEE; RECORDS; MINORS AND INTOXICATED PERSONS; SALES;
FORFEITURES; HOURS OF OPERATION; REPORTS TO CHIEF OF POLICE;
NOTICE FROM POLICE DEPARTMENT; STOLEN PROPERTY, RETURN TO TRUE
OWNER; APPEAL FROM DENIAL OF LICENSE; REVOCATION OR SUSPENSION OF
LICENSE; VIOLATIONS; AND PENALTIES AND PROVIDING AN EFFECTIVE
DATE.
The principal provisions of Ordinance No. (~ ~ are:
1. It provides a definition of Pawnbroker which is
generally any person or entity that takes or receives
AMBROSE,
FITZ(iERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 88&448Y
• •
AMBROSE,
FITZGERALD
& CROOKSTON
Ariomeys and
Counselors
P.O. Box 427
Meridian, Idaho
&4842
Telephone BBBd161
personal property as security for the repayment of
money lent thereon or who receives or purchases
personal property for the purpose of selling the same
back at a stipulated price.
2. It provides for licensing of pawnbrokers with
provisions for application and procedures and
requirements to be licensed; that application for
licenses is made to the City Clerk; it provides for
investigation of the applicant and his or its employees
or owners; it provides for a $100.00 license fee.
3. It provides grounds and procedures for denial of
licenses and grounds and procedures for the suspension
or revocation of licenses and for appeal.
4. It provides that every pawnbroker shall maintain
records of every transaction and that such records
shall be open to inspection by any police officer; that
the records shall be on a form as required by the Chief
of Police and states what information the form shall
require.
5. It prohibits transactions with minors and intoxicated
persons; it prohibits resale of personal property,
except gold and silver bullion or coins, for seven
days; it provides for a period of time which must
expire before property can be forfeited; it prescribes
the hours of business which may be maintained.
• •
AMBROSE,
FITZOERALD
BCROOKSTON
Ariomeysend
Counselors
P.O. Boz 427
Meridlen, Idaho
83842
Telephone 8884487
6. It provides that Meridian Police Officers may require a
written report of the transactions and may conduct a
personal examination of articles sold or purchased and
may inspect the books or records of the pawnbroker
which shows the articles purchased; it provides that
the Meridian Police Officers may order in writing that
the pawnbroker not sell an item of personal property or
allow it to be redeemed for a period of 60 days which
period may be renewed.
7. It provides that any law enforcement agency which
determines that any article has been stolen may require
the return of that article to the law enforcement
agency or the true owner and the true owner shall not
be liable to the pawnbroker for any money or value
expended by the pawnbroker for the article; it provides
for a procedure for return of stolen articles.
8. It provides for violation of the Ordinance and
penalties for said violation which are that any person
or entity found to have violated the Ordinance shall be
guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than $300.00,
or by imprisonment in the county jail for not more than
thirty (30) days, or both such fine and imprisonment
for each violation.
9. It provides for an emergency effective date and
• •
Ordinance No. ~ will be effective upon
publication of this .summary.
The public is additionally informed that the full text of
Ordinance No. L.,~~~ is available for inspection or
copying at the Meridian City Hall, 728 Meridian Street, Meridian,
Idaho.
This Summary was approved by the Meridian City Council on
March 3, 1986 at its first regular meeting in March.
DATED this day of /~Qs'C r 1986.
Jack Niemand, City Clerk
AMBROSE,
FITZOERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
• •
ATTORNEY'S CERTIFICATE
The attached Summary Ordinance No. ~ ~ is true and
complete and provides adequate notice to the public of said
Ordinance No. which is an Ordinance establishing
licensing for Pawnbrokers and procedures, revocation and
suspension and penalties.
DATED this ~~~ ~
a s day of , 1986.
Way a G. Crookston, Jr.
City Attorney
City of Meridian
AMBROSE,
FITZOERALD
& CROOKSTON
Attorneys and
Counaetora
P.O. Boz 427
McHdlan, Idaho
83842
Telephone 8884481