HomeMy WebLinkAboutOrdinance 232 Precious Metals
ORDINANCE NO. 232
AN ORIDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE REGULATION OF THE
PURCHASE AND DISPOSITION OF PERSONAL
PROPERTY MADE OF PRECIOUS METALS BY SECOND-
HAND DEALERS WITHIN THE CITY OF WINTER
SPRINGS; PROVIDING DEFINITIONS; PROVIDING
FOR THE KEEPING OF RECORDS; PROHIBITING THE
DISPOSAL OF PRECIOUS METALS WITHIN A SPECIFIED
PERIOD OF TIME; PROVIDING FOR THE FILING OF
CERrAIN REPORrS WITH THE CHIEF OF POLICE;
PROHIBITING THE TRANSACTION OF BUSINESS
INVOLVING PRECIOUS METAlS WITH MINORS;
PROHIBITING FOR ARRANGEMENT OF CERTAIN STOCKS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Winter Springs,
Florida, has determined it to be in the best interest of the City of Winter
Springs to provide for regulations governing the purchase and disposition
of personal property made of precious metals by dealers within the City of
Winter Springs, Florida.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WINTER SPRINGS, FIDRIDA, HEREBY ORDAINS:
SECTION I - That Chapter 8 of the Code of Ordinances of the
City of Winter Springs, Florida is hereby amended as follows:
Section 8-26. Control of individuals dealing in the
purchase and sale of secondhand precious metals.
a.) Definitions: The definitions as used in this
ordinance, unless the context otherwise requires, shall mean:
1. Dealer: Any person, firm or corporation
engaged in the business of purchasing or selling at retail or wholesale
or otherwise dealing in any old, used or secondhand precious metals of any
kind or description and in any form, whether with a fixed place of business
or as an itinerant.
2. Precious Metal: Gold , silver or platinum or
any combination thereof whether in manufactured, alloyed or any other form.
3. Bullion Coins: Fungible coins with intrinsic
value greater than the numismatic value.
b. ) Register of transactions
1. Any person engaged in business as a dealer
shall keep a register in connection with his business, said register to be
approved as to type and form by the Police Chief of Winter Springs, and at
the time of each transaction shall enter or cause to be entered therein an
accurate description of the person from whom any article of personal
property made of precious metal is purchased or received, and shall include
in the description, but not limited to, the name, date of birth, sex, race,
place of residence and driver's license or, if none, other government
identification numbers of the person, together with an accurate
description of any article of personal property made of precious metal so
purchased or received, which description may contain any mark, brand,
monogram, hallmark, word or letters which may be engraved, stamped, etched
or otherwise permanently marked upon the article. The description of
bullion coins shall be adequate if it provides the total dollar amount of
each denomination. The register shall at all times be kept open and
available for the inspection and examination of the Chief of Police or any
other person authorized by the Chief of Police to inspect the register.
2. Any and all persons engaged in Business as a
dealer shall, in keeping the register required in Section 8-26 (b ) 1. of
this ordinance, take the following precautions to insure the accuracy of
the personal identification required:
a. Require the customer, as a condition to
the purchase, to sign his name on the registration form.
b. Require reasonable proof of identity
which would include, but not limited to, display of a driver's license or
other governmental identification cards or certificates.
3. It shall be unlawful for any customer to give
or display false identification to the dealer or to sign a false name.
c. ) Disposal of property prohibited
1. Except for the exempt transactions hereinafter
provided, no articles of personal property made of precious metals shall
be sold, melted, altered, or otherwise disposed of by any dealer until ten
(10) days have elapsed from the time the Chief of Police has had made
available to him a copy of transcript of the register in which such articles
of personal property made of precious metals are entered, and said articles
shall not be transferred from within Winter Springs during said ten (10)
day period of time.
2. The following transactions shall be exempt
f'rom the provisions of Section 8-26 (c) 1. of this ordinance:
a. Coins repurchased by a dealer,
provided the dealer repurchases from the same person and maintains a record
of the prior sale and the repurchase.
b. Transactions between dealers, provided
the article has been registered in accordance with this ordinance and in
the possession of any local dealer for the period set forth in Section
8-26(c)1. of this ordinance.
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d.) All dealers shall, not later than 12:00 noon of
each business day, make available to the Winter Springs Police Chief or his
representative, a full and complete copy or transcript of the register in
which is entered the transactions of the preceding business day as required
by section 8-26(b)1. of this ordinance.
e. ) It shall be unlawful for any dealer to buy, take,
or receive by way of purchase or exchange, any articles made of precious
metals from any person under the age of eighteen (18) years.
f. ) All articles of personal property made of precious
metals purchased or received by dealers shall remain attached to a copy of
the bill of sale and be so arranged in stock as to enable the stock to be
inspected by the Police Department or any other person with such authority
during the period set forth in Section 8-26(b)1. of this ordinance.
g. ) The violation of or failure to comply with any
provision of this ordlinance shall constitute a misdemeanor against the city
and shall subject the offender, upon conviction to a fine not to exceed
Five-Hundred Dollars ($500.00) or imprisonment for a period not to exceed
sixty ( 60) days.
SEGrION II - Severability. If any section or portion of a
section or subsection of this ordinance proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other section, or portion of a section or subsection
or part of this Ordinance.
SECTION III - Conflicts. That all ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION IV - Effective Date. That this ordinance shall take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 24th day of February,
1981.
CITY OF WINTER SPRINGS, FLORIDA
By: Troy J. Piland, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
THIS ORDINANCE WAS POSTED
29 DAY OF JAN 1981
Signed
City Clerk
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NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
To Whom It May Concern:
NOTICE IS HEREBY GIVEN by the City Council of the City of
Winter Springs, Florida, that said City Council will hold a public hearing
on Tuesday, February 24, 1981, at 7:30 p. m. or as soon thereafter as
possible, to consider the adoption of the following ordinance by the City
of Winter Springs, Florida, title of which is as follows:
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
RELATING TO THE REGULATION OF THE PURCHASE AND
DISPOSITION OF PERSONAL PROPERTY MADE OF PRECIOUS
METALS BY SECOND-HAND DEALERS WITHIN THE CITY OF
WINTER SPRINGS; PROVIDING DEFINITIONS; PROVIDING
FOR THE KEEPING OF RECORDS; PROHIBITING THE DIS-
POSAL OF PRECIOUS METALS WITHIN A SPECIFIED PERIOD
OF TIME; PROVIDING FOR THE FILING OF CERTAIN REPORTS
WITH THE CHIEF OF POLICE; PROHIBITING THE TRANS-
ACTION OF BUSINESS INVOLVING PRECIOUS METALS WITH
MINORS; PROHIBITING FOR ARRANGEMENT OF CERTAIN STOCKS;
PRO~IDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of said Ordinance shall be available at the office of
the City Clerk of the City of Winter Springs, Florida, for all persons
desiring to examine the same prior to the hearing.
All interested parties are invited to attend and be heard.
Persons are advised that, if they decide to appeal any decision
made at these meetings-hearings, they will need a record of the proceedings,
and for such purpose, they may need to insure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based, per Ch. 80-150, Laws of Florida.
Dated this 29th day of January, 1981.
CITY OF WINTER SPRINGS
~;:~
Mary T. Norton,
City Clerk
SENTINEL STAR
Publi.b..d Daily
Orhlndo~ Orang~ C()unt~., Florida
ADVERTISING CHARGE
$41.80
in the
Court,
N~~$~~~r~fi~Cs~~:~~G' .1
To Whom ftMaYConcern:
NOTICE; IS HE;.~I?BY .GIVEN by
the CI~ Counoilof.lhaCityof Win-
.ter ~pnn9's, FIgri?\!, that said City
CouncIl W.lII holda. J;lublic hearing
on Tuesday,l"abrua!y.24 1981 at
7:30 p,ln.. or1's. S~Q~thereafter' as
pOssible, to cortsidetthaadQption
of the fOIlQwing ()'cjinance by the
Crty Of WlnterSpnngs, Florida, title
of w,\,ch IS asfol.lows:
AN PI'IDINANCEi OF THE .CITY OF
WIN'rER SPRINGS, FLORIDA, RE-
4ATING 10 THE Re:GI,I!,.ATloN OF
.THE PURCHASE AND DISPOS-
TION OF P . L.PROPERTY
MIlIDE OFP SMETAI,.SBY
SE:COND-HA. . WITHIN
THE CITY OF . SPRINGS'
PROVIDING DEFINITIONS' PRO:
VIDJNG FOR tHll KEEPING OF
RECORD.S;PRPtHBltINGtH.E
DISPOSAL OF pR~CIOI,I$. MEt-
ALS WITHIN A sP$CIFII:DPERiOD
OF TIME; PF\OVlpING FOR THE
FiliNG OF .CERTAINREPORTS
WITH THE CHIEF OF pOLIce'
PflOHIEjITING THE TRANSACTION
QFEjUSINESS INVOLVING PRe-
CiOUS METALS witH. MINORS'
PROHIBITING FOR ARRANGE:
MENT OF CERTf"NSTOCKS'
PROVIDING' FOR SEVE;RABILITY:
PROVIDING FOR CONF'LICTS:
, AND PROVIDING FOR AN EFFEC:
TIVE DATE. .
,
~tate of ~flotiha t
COUNTY OF ORANGE ~
55.
Before the undersigned authority personally appeared
Rptty M. Kinnpy
, who on oath says that
she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper
published at Orlando, in Orange County, Florida;
vertisement, being .. Not ice 0 f Pub 1 i c
Ordinance re: purchase and
precious metals, etc.
that the attached copy of ad.
He a r in g in the matter of
disposition of
was published in said newspaper in the issues of
February 3, 1981
Affiant further says that the said Sentinel Star is a newspaper published at Or-
lando, in said Orange County, Florida, and that the said newspaper has heretofore
been continuously published in said Orange County, Florida, each Week Day and has
been entered as second-class mail matter at the post office in Orlando, in said Orange
County, Florida for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he/she has neither
paid nor promised any person, finn or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said
newspaper.
~~~~ ~,~~-A
~ " ~
Sworn to and subscribed before me this 3 r d
day
A copy of said Ordinance sh~il .
be avadl,\p.le at the olfice 01 the City
Clerk of .the Cltyol winter Springs,
FIO"d~, . for (ail .pet$OIlS desiring'tel
examu1e the s'arnepiior 'to the
, hearing, ", ..
All intarestlld partillsare invited
to attend and be heam.
f,'ersons are advised that, if they
deCide to appeal any: decision
made at theserneetings.hearings
they ,will need a, record of the prO:
ceedmgs, and for SUCh purpo~.'
they may need to insure that a ver-
batim record of the p'roceedingsis
made, WhiCh record includes . the
lesllmonyan evldenca upon whiCh
Ihe appeal is to be based, per Ch.
8D-150, laws. of Florida.
t9~f'ed this 29th day of Jan,uary,
~
Februa~
~ ;/
Notary pool"'" r:1 ~', 'I:" . I
. ,,;.,i;~l '" .'. n,' ,'''-''''.J ",.t L~I.gA
_.. ~ _..... ."". ,W - \,." .., ....
M),' Commission Expires lan. 21l. 198.4
{f.Dt:1~
Notary Public
of
Form No. AD-2Q1A
CITY OFwtNTER SPRINGS
/s/ Mary T. Norton
,Mary T. Norton
City Clerk. .
CL~307
Feb.3,1981
...
.
Evening Hetald
An Independent Newspaper
SANFORD, SEMINOLE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared...........................
... Huttl..F: 10. .f{[)l!J.~r;;.IJ.................................. . who on oath says that he is
... Qf'.n!=:~. .~finp.g~.r:............... .of the EVENING HERALD, a Newspaper Pub-
lished at Sanford, in Seminole County, Florida; that the attached copy of advertise-
ment, being a......... .l,..~g.2!+. .f:JP.t~.q~............................ .in the matter of
... Publi.c. .He."r.i(l.g. .r.e.:.. i\PW.r:r.W.f'J. .Lit'. .~Jny.l.i~! ~.t;........................
. Gi "cui t
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the. . . . . -:- . . . . . . . . . . . Court,
was published in said newspaper in the issues of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.................... .f.f3:9,r:Y.Q:fY.. .3.1. :~~.4~.. ........................................
Affiant further says that the said EVENING HERALD is a newspaper publiShed by
The Sanford Herald Inc., at Sanford, in said Seminole County, Florida, and that the
said newspaper has heretofore been continuously published in said Seminole Count~
Florida and has been entered as second class mail matter at the post office in Sanford,
in said'Seminole County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he
has neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publication in
the said newspaper.
Sworn to and subscribed before me this
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3rd day of
~-....,,/ .
"f'~j;;.,..._./. F~.t.H'.U:'.~~/... .A. D. 1~:)...
J'/.~" ....,;-_.4. .".., "!~,,~)~.~''''~''';
, r t.,t> . v .1:' /."- j/ /"
<S. Fi,~t,:il~;~~i~d~;.~1 P~';lj;
My commission expires June ,
Bonded with Lawyers Sur..ly Corp.
.R-d2?;.R~...
.
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPR INGS
To Whom It May, C,oncern:
NOTICE .IS HEREBY GIVEN
by the City Council of the City of
Winter Springs, Florida, that said
City counCil.,., ". old a pUblic
hea.ring on J!\t,.... ' February 24,
1981, at 7:30l' ~ or'as soon
thereafter as possible, to consider
the adoptio~ O.f the following or.
dinance by the City of Winter
Springs, Floripa, title of which is
as fo 1I0ws :
AN ORDINANCE OF THE CITY
OF WII'H'i!=R SPRINGS,
FLORIDA, ReLATING TO THE
REGULATION OF....'. E PUR.
CHASE AND DIS. TlON OF
PERSONAL PROP TY MADE
OF PRECIOUS METALS BY
SECOND.HAND DEALERS
WITHIN THE CITY OF WINTER
SPRINGS; PROVIDING
DEFINITIONS; PROVIDING
FOR THE KEEPING OF
RECORDS,;ji>ROti'BITING THE
DISPOSAL rOp PRECIOUS
METALS W~..iA SPECIFIED
PERIOD OF Wi''!. PROVIDING
FOR THE FIUNGI()f CERTAIN
REPORTS WITH THi CHElF OF
POLICE;, PROHIBlirlNG THE
TRANSACTION., OF BUSINESS
I N VOL VI N G PRE C IOU S
METALS WiTH MINORS;
PROHIBitiNG FOR
ARRANGEMENT, 9F CERTAIN
STOCKS; PROY~DING FOR
SEVERABILITY'" PROVIDING
FOR CON FL.' IS; AND
PROVIDIN(> '. ,-IN EF. I
FECTlVE QAT, ,.J}.
A copy of inance shall
be available e office of the
City Clerk of th......~. ,.ity of W. inter
Springs. Florld~. r all persons
desiring to exarj!j'i . he same prior
to the hearing.t'
All interest~c:t rties are invited
to attend and d.
persons.' that, if they
decide t.' '< any decision
I made at. e'tings.hearings,
they wll e ",record of the
proceedings, and fel,. such purpose,
they may need to insure that a
verbatim record of the
proceedings is made, which' record
includes the testimony and
evidence upon which the appeal is
to be based. per Ch. 80.150, Laws of
Florida.
Dated this 29th day of January,
1981.
. CITY OF WINTER SPRINGS
Mary T. Norton,
City Clerk
Publish: February 3, 1981
DEF-25
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