Ordinance 2004-08
ORDINANCE NO. 2004-08
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING
REGULATIONS FOR PURCHASE AND SALE OF UNREGULATED
PROPERTY; PROVIDING DEFINITIONS AND REGULATIONS FOR
BUSINESSES DEALING IN THE PURCHASE AND RESALE OF
REGULATED PROPERTY (pAWN SHOP); PROVIDING FORA PENALTY
FOR THE VIOLATION OF TillS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City Council ofthe City of Wylie, Texas ("City Council") has investigated
and determined that there has been a prolific increase in the buying and selling of stolen property
through currently unregulated businesses; and
WHEREAS, the City Council has further investigated and finds that the purchase and resale
of certain regulated property by currently unregulated businesses creates a ready market for stolen
goods; and
WHEREAS, the City Council has further investigated and finds that local law enforcement
needs to have accessible to it available records of property to determine origin and destination ofthe
property which may be stolen goods; and
WHEREAS, the City Council now finds and determines that regulations for currently
unregulated businesses dealing in the purchase and resale of regulated property are necessary in order
to eliminate the market for stolen goods and to augment the ability of the City of Wylie, Texas
("Wylie") Police Department in recovering stolen property and apprehending those persons engaged
in dealing in stolen property; and
WHEREAS, the City Council further finds and determines that such regulation of currently
unregulated businesses serves to protect the safety of citizen's property and is in the best interest of
Wylie and its citizens.
NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: DEFINITIONS.
The following words, terms and phrases, when used in this Ordinance, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
Ordinance #2004-08
ORDINANCE EST ABLlSHING REGULATIONS FOR UNREGULATED BUSINESSES (pAWN SHOPS)
Pag~ 1
Authorized vendor means a commercial supplier who deals in the wholesale distribution of
regulated property in the ordinary course of business.
Business day means any calendar day or portion thereof during which a dealer has the
business open and is conducting business with the public.
Business machines means and includes, but is not limited to, a typewriter, adding machine,
check-writing device, cash register, calculator, addressing machine, letter-sorting or folding
device, an item of recording, copying or accounting equipment. The term does not include
office furniture or fixtures.
Crafted precious metals means and includes, but is not limited to, jewelry, silverware, art
objects, or any other thing or object made, in whole or in part, from gold, silver, platinum,
palladium, iridium, rhodium, osmium, ruthenium, or their alloys. The term does not include
crafted precious metals when used by licensed dental and/or medical professionals.
Dealer means a person who buys regulated property for the purpose of resale. Dealer shall
include the owner or operator of a business.
Jewelry means ornaments made of precious or semi-precious metals and/or set with gems,
including, but not limited to, gems removed from a mounting.
Manufacturer means the person, enterprise, or entity that produces the regulated property.
Peace Officer means a sheriff or deputy, constable or deputy constable, sworn police officer
commissioned by the City of Wylie, or rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety.
Personal identification card means an identification card issued by the Texas Department of
Public Safety under section 521.101 of the Texas Transportation Code, as amended.
Power tools means any tool or piece of equipment that is powered by electricity, batteries, or
fuel of any kind, including, but not limited to, pneumatic equipment.
Purchase means a transaction in which a person takes title to regulated property in exchange
for valuable consideration.
Regulated property means any new or used:
a. electronic equipment;
b. business machines;
c. photographic equipment;
d. power tools;
e. musical instruments;
Ordinance #2004-08
ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES (pAWN SHOPS)
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f firearms;
g. jewelry;
h. crafted precious metals;
1. compact discs and cassette tapes; or
J. recreational sporting goods and equipment.
SECTION 3: REGULATED PROPERTY PURCHASES: RECORDS.
A dealer who purchases regulated property for the purpose of resale shall:
A. Keep a sales record which indicates the manufacturer or authorized vendor from
which the regulated property was purchased and a description of the property
purchased, including, but not limited to, the make, model, serial number, color, and
SlZe.
B. If the regulated propertY was purchased from a person or entity other than a
manufacturer or authorized vendor, the dealer shall:
1. At the time of purchase, record, in a legible manner, the time and date of
purchase, the name, sex, race, date of birth, height, address, driver's license
number or personal identification card number of the seller, a description of
the regulated property purchased, including the make, model, manufacturer,
serial number, color and size, and the price paid or other consideration
exchanged for the regulated property purchased;
2. At the time of purchase, determine that the photograph on the driver's license
or personal identification card is a photograph of the seller, and make and
retain a photocopy of the driver's license or personal identification card;
3. At the time of purchase, have the seller sign a written statement provided by
the dealer that states that the person is the legal owner of, or is lawfully
entitled to sell, the regulated property offered for sale;
4. Retain possession of the regulated property purchased and withhold the
property from resale for ten (10) business days unless, at the time of sale, the
dealer obtains the name, address, and description ofthe buyer of the regulated
property and retains such information for inspection by a police officer;
5. Make the purchased regulated property available for inspection by any police
officer during regular business hours while the regulated property is in the
dealer's possession; and
Onllnanc:e #2004-08
ORDINANCE EST ABLlSHING REGULATIONS FOR UNREGULATED BUSINESSES (pAWN SHOPS)
Page 3
6. Cause:
a. Each lot, sack, barrel, box or other container of regulated property
purchased to be kept intact and have written or stamped in a
conspicuous place either on the container thereof or, if no container,
tagged to each individual article or item, the serial number of the
report made as set out in Subparagraph B.l of this Section, which
number shall at all times be kept plain and legible; and
b. Each article or item purchased to be kept intact and have attached
thereto on the container thereof or, if no container, on the individual
article or item, the serial number of the report made as set out in
Subparagraph B.l of this Section, which number shall at all times be
kept plain and legible.
C. Maintain on file the information required by Subparagraphs A and B for
two (2) years from the date of purchase or until the item is sold, whichever
occurs later. This file shall be maintained at the dealer's place of business
and shall be made available for inspection by any police officer during
regular business hours.
SECTION 4: OFFENSES.
A dealer commits an offense if he intentionally or knowingly:
A. Violates any provision contained in Section 3 of this Ordinance.
B. F ails to retain possession of regulated property and! or withhold the regulated property
from resale for ten (10) business days unless, at the time of sale, the dealer obtains the
name, address, and description of the buyer or the regulated property and retains such
information for inspection by a police officer.
C. Offers for sale or sells regulated property purchased for release for which he does not
have:
1. A sales record indicating the manufacturer or authorized vendor from which it
was purchased and a description of the regulated property purchased,
including, but not limited to, the make, model, serial number, color and size;
2. A record of the name, sex, race, date of birth, height, address, and driver's
license or personal identification card number of the seller from whom he
purchased the regulated property;
3. A written statement signed by the seller that the seller is the legal owner of, or
is lawfully entitled to sell, the regulated property offered for sale; or
Ordinance #2004-08
ORDINANCE ESTABLISHL~G REGULATIONS FOR UNREGULATED BUSINESSES (pAWN SHOPS)
Page 4
4. A record of the person to whom he sells the regulated property, including
Subparagraphs C.1, C.2, and C.3 of this Section, and the price paid or other
consideration exchanged for the regulated property purchased and/or sold.
D. Fails or refuses to produce for inspection by a police officer when requested at a
reasonable time:
1. The original and/or copies of records required by Section 3 of this Ordinance
with respect to a particular item or regulated property; or
2. The regulated property to which the record required by Section 3 of this
Ordinance relates.
E. Purchases for resale, offers for sale, or sells regulated property which has had the
manufacturer's identification number or any other identifying mark removed, defaced,
or altered.
SECTION 5: EXEMPTIONS.
The following types of property are exempt from the provisions of the foregoing sections
concerning record keeping requirements for regulated property purchases:
A. Regulated property that is donated to a non-profit/charitable organization;
B. Regulated property that is sold and/or purchased at ajudicially ordered sale or estate
sale; or
C. Regulated property that is sold by federal, state, or local governments.
SECTION 6: PENAL TV PROVISION. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 7: SA VINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.
Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: SEVERABILITY. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions ofthis Ordinance shall remain in full force and
Ordinance #2004-08
ORDINANCE ESTABLISHING REGULA nONS FOR UNREGULATED BUSINESSES (pAWN SHOPS)
Page 5
effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase hereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
SECTION 9: EFFECTIVE DATE. This Ordinance shall become effective from and after its
adoption and publication as required by the Wylie City Charter and by law.
DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, on this 23rd day of March, 2004.
ATTESTED TO AND
CORRECTLY RECORDED BY:
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DATE OF PUBLICATION: March 30. 2004 in the Wylie News.
Ordinance #2004-08
ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES (pAWN SHOPS)
Page 6
THE WYLIE NEWS
lovermg Wylie, Sachse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of
The Wylie News, a newspaper regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the
foregoing attached
Ord. No. 2004-07, 2004-08, 2004-09, 2004-10, 2004-11
City of Wylie
was published in said newspaper on the following date(s), to-wit: March 31, 2004.
fJ/jft~
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
Jk~
day of ~
, 2004
to certify which witness my hand and seal of office.
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...i:';"jt::'"!.!~',... AOA L. MOONEY
/1"/" .....\.,'\,. Notary Public
'1. )', StatCl OfTew
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W'_~
otary Public in and for
The State of Texas
My commission expires 01/02/07
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Wednesday, March 31, 2004 - THE WYLIE NEWS - Section B - Page 11
theast comer of said
~d 30.60 acre tract;
~NCE, NORTH
!4'24" EAST, (called
th 25022'56" East and
lh 24058'44" East),
arting said common
, and along the com-
I Westerly line of said
ainder of a called
,629 acre tract and
tWesterly East line of
called 30.60 acre tract,
ling at a distance of
.46 feet (called 251.15
) a U.S. Army Corps of
ineers concrete monu-
It found, and co"ntinu-
along said common
for a total distance of
.68 feet to a U.S. Army
ps of Engineers con-
e monument found for
)mmon angle point of
remainder of a called
.629 acre tract and said
~d 30.60 acre tract;
ENCE, NORTH
52'32" EAST, (called
th 16025'18" East),
tinuing along said com-
1 line, a distance of
.00 feet (called 414.26
) to a U.S. Army Corps
Engineers concrete
IUment . found for the
lIDon most Northerly
thwest corner of said
lainder of a called
.629 acre tract and an
rior corner of said
ed 30.60 acre tract;
ENCE, SOUTH
02'28" EAST, (called
Ith 88033'07" East),
arting said common
., and along the com-
rr most Northerly line of
I remainder of a called
1.629 acre tract and
st Northerly South line
. ~,.JUljn,~~
FOR FAILURE OF
CHILD TO WEAR A
HELMET; PROVIDING A
REPEALING, SEVER-
ABILITY AND SAVINGS
CLAUSES; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING AN EFFEC-
TIVE DATE; AND PRO-
VIDING FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF.
ORDINANCE NO.
2004-()8
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, ESTABLISHING
REGULATIONS FOR
PURCHASE AND SALE
OF UNREGULATED
PROPERTY; PROVIDING
DEFI~ITIONS AND
REGULATIONS FOR
BUSINESSES DEALING
IN THE PURCHASE
AND RESALE OF REGU-
LATED PROPERTY
(PAWN SHOP); PROVID-
ING FOR A PENALTY
FOR THE VIOLATION
OF THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAVINGS
AND SEVERABILITY
CLAUSES; PROVIDING
FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE.
ORDINANCE NO.
2004-09
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
ORDINANCE NOS. 78-
17, 90-12, 95-1, 99-36
AND 2001-55 AND ARTI-
CLE IV, SECTION 110-
168 OF THE CODE OF
ORDINANCES, ESTAB-
LISHING A SCHOOL
...ZQNE,EDR
ORDINANCE NO.
2004-10
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF
WYLIE, AS HERETO-
FORE AMENDED, SOAS
TO CHANGE THE ZON-"
ING ON THE HERE-
INAFTER DESCRIBED
PROPERTY, ZONING
CASE NUMBER 2004-02,
TO SINGLE FAMILY
RESIDENTIAL (SF-
8.5/17) DISTRICT WITH
A SPECIAL USE PER-
MIT (SUP) ALLOWING
FOR A MOUNTED AMA-
TEUR COMMUNICA-
TIONS ANTENNA; PRO-
VIDING FOR THE
REPEAL OF ALL ORDI-
NANCES IN CONFLICT;
PROVIDING A SEVER-
ABILITY CLAUSE; AND
PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO.
2004-11
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF
WYLIE, AS HERETO-
FORE AMENDED, SO AS
TO CHANGE THE ZON-
ING ON THE HERE-
INAFTER DESCRIBED
PROPERTY, ZONING
CASE NUMBER 2004-03,
TO PLANNED DEVEL-
OPMENT (PD) DIS-
TRICT FOR SINGLE-
FAMILY RESIDENTIAL
USES; PROVIDING FOR
THE REPEAL OF ALL
ORDINANCES IN CON-
FLICT; PROVIDING A
Friday. Ballots may also be
delivered in person at the
annual meeting. All ballots
not being delivered in
person to the annual
meeting, must be received
by 12 noon, Monday,
April 19, 2004 at 109 N.
Warren. 45-2t-463
CITY OF LAVON,
TEXAS
The City Council of the
City of Lavon will hold a
public hearing on
Thursday, April 15, 2004 at
7:00 p.m. in the Council
Room at City Hall, 120
School Rd., Lavon, TX
concerning an ordinance of
the City of Lavon, Texas, a
type "A" General Law
Municipality, amending
the official zoning map of
the city to create a Planned
Development Zoning
District for residential and
commercial uses on
approximately 575 acres of
land generally located at
the northeast, southeast
and southwest comers of
the intersection of State
Highway 78 and State
Highway 205, and south of
Farm to Market Road 2755
between County Road 483
and County Road 844, pro-
viding a penalty, saving
and severability clause, and
providing an effective date.
45-H-391
NOTICE TO BIDDERS
The City of Sachse will
accept sealed requests for
proposal (in duplicate) for
a contract on group. health
insurance until 10:00 a.m.
CST, April 15, 2004, in the
office of the City Secretary,
City of Sachse 5560
Highway 78, Sachse, TX
75048. Information may