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ORD NO 09-2006 0 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. I -2006 AN ORDINANCE TO REQUIRE ELECTRONIC RECORDKEEPING BY OWNERS AND OPERATORS OF PAWNSHOPS, PAWNBROKERS AND DEALERS IN SECONDHAND GOODS DOING BUSINESS IN THE CITY OF VAN BUREN; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Ark. Code Ann. 12 -12 -103 requires each and every pawnshop and pawnbroker doing business in the State of Arkansas to keep a record showing in detail all property pawned with them, and WHEREAS, Pursuant to Ark Code Ann. 12 -12 -103, such records are required to be made available to police agencies of the municipality in which the pawnshop or pawnbroker is located at any and all reasonable times, and WHEREAS, In order to maintain an accurate and efficient system for inputting such records and information for law enforcement purposes, there is a substantial need for local law enforcement officers to access such records electronically. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1. Each and every owner or operator of a pawnshop, pawnbroker and dealer in secondhand goods doing business in the City of Van Buren, Arkansas, shall, within ninety (90) days of the adoption of this ordinance, maintain an electronic inventory tracking system which is capable of delivery and transmission of all statutorily- required information via computer to the entity designated by the Van Buren Police Department. In regards to this ordinance, the phrase "dealer in secondhand goods" does not apply to automobile dealers or consignment shop owners who primarily deal in secondhand clothing. SECTION 2. The failure on the part of any owner or operator of a pawnshop, pawnbroker or dealer in secondhand goods to comply with the provisions of this ordinance shall be deemed a misdemeanor. Upon conviction, the offender shall be punished by a fine of $250.00. Each day of noncompliance with this ordinance shall be deemed a separate offense. SECTION 3. Severabiliiy. In the event any title, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 0 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 4. Emergency and Effective Date. This ordinance is necessary to more efficiently and effectively deal with items that are sold to pawnshops and dealers in secondhand goods in order to assure that stolen items can be retrieved; as such, this ordinance is necessary to protect the public health, safety and welfare, and therefore, shall be in full force and effect with the passage of same. THIS ORDINANCE ADOPTED THIS G DAY OF AUGUST, 2006. APPROVED: MAY JOHN GS ATTEST: p j CITY CLERK/TREASURER