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HomeMy WebLinkAbout1981-06INDIAN RIVER COUNTY ORDINANCE NO. 81-6 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES FOR INDIAN RIVER COUNTY, FLORIDA, ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS", TO ADD A NEW SECTION THERETO TO BE NUMBERED SEC- TION 17-4, TO REQUIRE PERSONS DEALING IN PRECIOUS METALS, JEWELS AND STONES, SUCH AS GOLD, SILVER, PLATINUM, DIAMONDS, RUBIES, EMERALDS, SAPPHIRES, TURQUOISE, JADE, OPALS, AMETHYSTS, AND PEARLS, TO KEEP A RECORD OF ALL PURCHASES; PROVIDING GUIDE- LINES FOR SAID RECORDS; PROVIDING THAT SAID RECORDS SHALL BE MADE AVAILABLE TO LAW ENFORCE- MENT OFFICERS UPON REQUEST; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that there is hereby created Section 17-4 of Chapter 17 of the Code of Ordinances for Indian River County, Florida, which shall read as follows: SECTION 17-4 (a) Record of Purchases of Precious Metals, Jewels and Stones. Every purchaser of precious metals, jewels or stones, including but not limited to gold, silver, platinum, diamonds, rubies, emeralds, sapphires, turquoise, jade, opals, amethysts, and pearls, shall, at the time of each purchase, make a record of all such items purchased from any source other than a licensed dealer regularly engaged in the buying and selling of such precious objects. The record shall contain the following legible in- formation: the date of the transaction; the number which appears on the seller's driver's license, or in the alternative, a legible inked thumbprint; the complete name and address of the seller; a complete and accurate description of such property; and the signature of the seller. Only in the event that a seller has not been issued a driver's license and has no thumbs, may similarly exact identification be accepted by the purchaser in substitution of this requirement. (b) Transmittal to Sheriff. A copy of this record shall be submitted to the Indian River County Sheriff's Department within twenty-four (24) hours of the purchase, and the original shall be preserved by the dealer for a period of one (1) year after purchase. INDIAN RIVER COUNTY ORDINANCE NO. 81-6 AN ORDINANCE AMENDING CIiAPTER 17 OF THE CODE OF ORDINANCES FOR INDIAN RIVER COUNTY, FLORIDA, ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS", TO ADD A NEW SECTION THERETO TO BE NUMBERED SEC- TION 17-4, TO REQUIRE PERSONS DEALING IN PRECIOUS METALS, JEWELS AND STONES, SUCH AS GOLD, SILVER, PLATINUM, DIAMONDS, RUBIES, EMERALDS, SAPPHIRES, TURQUOISE, JADE, OPALS, AMETHYSTS, AND PEARLS, TO KEEP A RECORD OF ALL PURCHASES; PROVIDING GUIDE- LINES FOR SAID RECORDS; PROVIDING THAT SAID RECORDS SHALL BE MADE AVAILABLE TO LAW ENFORCE- MENT OFFICERS UPON REQUEST; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that there is hereby created Section 17-4 of Chapter 17 of the Code of Ordinances for Indian River County, Florida, which shall read as follows: SECTION 17-4 (a) Record of Purchases of Precious Metals, Jewels and Stones. Every purchaser of precious metals, jewels or stones, including but not limited to gold, silver, platinum, diamonds, rubies, emeralds, sapphires, turquoise, jade, opals, amethysts, and pearls, shall, at the time of each purchase, make a record of all such items purchased from any source other than a licensed dealer regularly engaged in the buying and selling of such precious objects. The record shall contain the following legible in- formation: the date of the transaction; the number which appears on the seller's driver's license, or in the alternative, a legible inked thumbprint; the complete name and address of the seller; a complete and accurate description of such property; and the signature of the seller. Only in the event that a seller has not been issued a driver's license and has no thumbs, may similarly exact identification be accepted by the purchaser in substitution of this requirement. (b) Transmittal to Sheriff. A copy of this record shall be submitted to the Indian River County Sheriff's Department within twenty-four (24) hours of the purchase, and the original shall be preserved by the dealer for a period of one (1) year after purchase. 7A (c) Sale or Alteration of Purchases Prohibited. No purchased articles subject to Section 17-4 (a) shall be cut, separated, melted, sold, or otherwise altered or disposed of by any purchaser until five (5) days have elapsed from the day that the Indian River County Sheriff's Department has received a copy or transcript of the purchase record described in section 17-4 (a) and (b). Said articles shall not be -transferred from within the unincorporated portion of Indian River County during said five (5) day period, during which time the same shall be made available for inspection to the Indian River County Sheriff's Department. (d) Order Stopping Sale, etc., of Property. Any authorized law enforcement official shall have the right, upon written order addressed to a particular pawnbroker purchaser or dealer, to stop the sale, removal or redelivery of any property for a stated period of time or until the property is released by such officer, which shall not be later than thirty (30) days. After receipt of such order it shall be unlawful for a pawnbroker purchaser or dealer to sell, alter, dispose of, remove or redeliver such property until the property is released by the officer issuing the order. (e) Exceptions. This Ordinance shall not apply to the following internationally recognized gold trading articles, which shall be exempt: 1. Canadian Maple Leaf Gold Coins 2. Mexican Gold Pesos 3. Austrian God Coronas 4. Krugerrand Gold Coins 5. Engelhard Gold Bars 6. Swiss Mint Bars (f) Severability. If any part of this Ordinance is held to be unconstitutional or otherwise void, it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional or void part of the remainder of this Ordinance to the exclusion of such part and it shall be held to be valid as if such part had not been included herein. If this Ordinance or any provision hereof is held to be inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not effect the applicability hereof to any other person, property or circumstance. -2- (g) Penalty. Any person violating any of the provisions of this Ordinance shall, upon conviction, be punished as prescribed by law and Chapter 125, Florida Statutes, for violation of County Ordinances. Each day or fraction thereof that a violation of this Ordinance continues shall be deemed a separate violation. (h) This Ordinance shall take effect immediately. Adopted February 11, 1981. This Ordinance shall take effect February 20, 1981. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK