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TOR-2014-3 ORDINANCE AMENDING JUNK, SECONDHAND DEALERS TOR-2014-3 v AN ORDINANCE TO AMEND CHAPTER 114 OF THE'CODE OF THE TOWN OF AGAWAM ENTITLED "JUNK AND SECONDHAND DEALERS" �i� Ye`• �,ks c� Sponsored by Mayor Richard A Cohen t;C i`"^'`'� L�:, n1A try Whereas, Chapter 114 of the Code of the Town of Agawam regulates Junk and Secondhand Dealers; and Whereas, Chapter 114 has not been amended or updated since its adoption on 12-21-1972 as § 9-2 of the Code of the Town of Agawam; and Whereas, on January 30, 2014 it was brought to the attention of the Agawam Chief of Police that there were deficiencies in the current ordinance; and Whereas, there has been significant changes to crime patterns and technologies since 1972;and Whereas, there are a number of improvements that would significantly enhance the Police Departments ability to recover property of crime victims as well as to success- fully prosecute perpetrators of property crimes; and Whereas, it is in the best interest of the Town to amend Chapter 114 of the Code of the Town of Agawam. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, or- dains, amends and enacts the following amendments to the Code of the Towm of Aga- wam: SECTION 1, The Code of the Town of Agawam is hereby amended by renaming Chapter H 4: Junk and Secondhand Dealers to the following:- Chapter 114: Junk,Pawn and Secondhand Dealers SECTION 2. The Code of the Town of Agawam is hereby amended by deleting Article 1 Junk, Old Metal and Secondhand Articles in its entirety and replaced with the following:- Article I § 114-1 Pawnbroker's Licenses;Fee. A. Definition. A pawnbroker is an individual or business that offers secured loans to individuals with items of personal property used as collateral. If an item is pawned for a loan, within a certain contractual period of time the pawnbroker may redeem it for the amount of the loan plus some agreed-upon Page 1 of 5 amount of interest. The amount of time, and rate of interest, is governed by law or by the pawnbroker's policies. If the loan is not paid(or extended, if ap- plicable) within the time period, the pawned item will be offered for sale by the pawnbroker. The pawnbroker does not report the defaulted loan on the customer's credit report, since the pawn broker has physical possession of the item any may recoup the loan value through an outright sale of the item. The term"Secondhand Junk Dealer" shall not apply to a Pawnbroker. B. Application Referral. Upon receiving an application for a license to engage in business as a pawnbroker,the application shall be referred by the City Council to the Chief of Police for investigation into the applicant's criminal record, which investigation shall include obtaining fingerprints, photograph and CO- RI check from the applicant. C. Interview. The Chief of Police may, in his discretion, require a personal inter- view of the applicant, and may request further relevant information. D. Disqualification. No license shall be issued by the City Council unless the Chief of Police has first issued his recommendation for its issuance. The City Council may refuse to approve the issuance of such license on any of the fol- lowing grounds: (1) That the applicant, based on his or her criminal record, would be an im- proper person in that particular business;or (2) That the applicant has had a previous license to engage in such business revoked or suspended by the Town of Agawam or some other jurisdiction; or (3) That the conduct of the business at the location in question would not be in the interest of the public health, safety or welfare. E. Notification. The Chief of Police shall notify the City Council and the appli- cant of his recommendation of said license in writing within (30) days of the date of application. F. Fee. The fee for such a license shall be$200.00 G. The City Council shall be the issuing authority for all Pawnbroker Dealers Li- censes § 114-2 Junk and Secondhand Dealer's Licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The City Council may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, Page 2 of 5 old metal or secondhand articles, pursuant to the provisions of chapter one hundred forty of the General Laws. § 114-3 Records of Purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this Town shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name(first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Po- lice Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photo- graphs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years C. Every license holder shall allow a repiesentative of the New England State Police Information Network ("NESPIN") to enter his shop and install the software nec- essary on the shopkeepers computing device to allow the shopkeeper to electroni- cally transmit a record of his/her transactions. Before the first hour of every busi- ness day,post meridian, every shopkeeper shall transmit a record of his/her trans- actions from the prior day. The record transmitted must include the information included in § It 4-3 (A) and (B)of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be, limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed ini- tials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is Page 3 of 5 clearly identifiable. This information shall be maintained according to § 114-7 (C). F. Exception for Dealers in Secondhand Books, Clothing and Furniture, Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of§ 114-3 (D). G. The City Council shall be the issuing authority for all Secondhand Junk Dealers Licenses. § 114-4 Signs on Shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters § 114-5 Examination of Junk Shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such exami- nation. § 114-6 Dealing with Minors. No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of a minor, as defined by the General Laws, knowingly or having reason to believe him to be such. § 114-7 Time Period for Holding Articles Prior to Resale. A. Required Holding Period. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 60 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Exception for Dealers in Secondhand Books, Clothing and Furniture. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of§ 114-7(A). § 114-8 Hours of Operation. Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shalt Page 4of5 purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. § 114-9 Storage of Rags and Wastepaper by Junk Dealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of any district, except in substantial brick or stone buildings. § 114-10 Used Vehicle Junk Dealers. A Class 3 license shall be required for used vehicles junk dealers. § 114-11 Purchase of Certain Items Prohibited;Violations and Penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks re- moved or apparently removed. B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under § 114-1 or § 114-2. D. Violations of any section of this ordinance §§ 114-1 through 11 may result in a fi- ne of not less than$300, suspension of license,or revocation of license. Dated this day of 2014. PER ORDER OF THE AGAWAM CITY COUNCIL C istapher C. J on,President APPROVED TO FORM AND LEGALITY MAk Vincen scia, City Solicitor Page 5 of 5 MAYORAL ACTION Received this 3rd day of September , 2014 from Council Clerk. Signed by Council President this 2nd day of September , 2014. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this 3rd day of September, 2014. '!2w'/ Richard A. Cohen,Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2014 for the following reason(s)- Richard A. Cohen,Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this 3rd day of September ,2014. ;r Agawam Massachusetts Office of the Mayor 36 Main Street,Agawam, MA 01001 mayor@agawam.ma.us Richard A Cohen Tel: 413-786-4520 Mayor Fax:413-786-9927 September 3, 2014 Dear Council President Johnson: I am in receipt of your letter dated August 25,2014 seeking my assistance regarding a grading problem at Zack's Estates. I have asked the Engineering Department to once again review the matter and I am enclosing a memorandum from the Town Engineer, Michelle Chase,dated August 29, 2014 which summarizes the grading problem at Zack's Estates. Upon reviewing the memorandum it should be noted that Mr. Petrucci represented to the Engineering Department that he intends to place a driveway in the area of the slope. This"driveway"according to Engineering would significantly alter the current landscape;therefore, it may be premature to require corrective action at this time. I am also forwarding a copy of the memorandum to the Planning Board for their consideration. Currently,the matter is on the Planning Board Agenda for discussion at its September 18, 2014 meeting. Furthermore,the Law Department has sent correspondence to Mr. Petrucci dated May 28, 2014,which I am also enclosing. Prior to that correspondence Mr.&Mrs. Petrucci were sent a memorandum from the Engineering Department dated May 14,2014 updating them on the situation. Sincerely Richard A Cohen,Mayor Encl. cc: City Council Michelle Chase Debbie Dachos Planning Board Vince Gioscia Russ Petrucci AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 1; August 21,2014. 1t• Richard A.Cohen,Mayor Tovitn of Agawam 36 Main Street ' �� Agawam,MA 01001 r PRESrnEN"r Christopher C. Johnson Re: Grading Problem-Zack's Estates-School Street VICE PR SMENT Dear Mayor Cohen, Dennis J.Perry Please be advised that I have been contacted by Russ Petrucci who COUNCILORS resides at 343 School Street which is directly adjacent to the rw=ay Georgti fiRzas completed Zack's Estates subdivision. Mr. Petrucci informs me that after Cecilia A Calabrese Russo Construction purchased the subdivision,the Planning Board approved Paul C. Cavallo an amendment to the definitive plan Wallow Russo Construction to deed a James P. Cichetti long strip of land to the Petruccis which obviated the need for Ruse to build Gina M.LetslCter Joseph Mince a retaining wall and install a guardrail on the strip. Donald M. Rhetrvlt Robert E Rossi As part of the amendment. Russo agreed to irevade and landscape Anthony R Sk&iti the strip of land. The strip was ultimately deeded to the Petruccis, but they claim that Russo has not properly graded the property nor installed the agreed upon landscaping. According to Mr.Petrucci,the town's engineering ADMINISTRATWE department initially determined last summer that the grading on the strip was ASSISTANT in accordance with the revised plan. After farther review, they subsequently Barbara d, Bard determined this spring that the strip was not properly graded. Mr. Petmoci indicates that the slope is so severe that it presents a dangerous condition for he and his family to keep it properly maintained. Mr. Petrucci indicates that he has sent numerous e-snails to the engineering department and the planning department earlier this summer seeking assistance in getting Russo to properly grade and landscape the strip and he has received no replies. Mr. Petrucci believes that the town is still holding a small portion of subdivision bond posted by Russo, lie is requesting that the tov►m take action to either get Russo to complete the proper grading and landscaping of the strip or to seize the remainder of the bond and have the work completed with the funds. I am writing to seek your assistance to resolve this longstanding problem. If you have additional question% please do not hesitate to contact TELEP14ONE me. Thank you. (d 13) 726-9716 Q'. Vary tftjlx you , FAX Christoph C.Johnson EM L City Council President rL\ bbard@a agawam.ma.w Y cc: Russ Petrucci Town of Agamiarn 'i 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 29, 2014 Thomas Russo, Jr. T.Russo Construction Co. 204 Suffield-Street Agawam, MA 01001 Dear Mr. Russo: At its duly called meeting held on August 28,2014;the Agawam Planning Board voted to extend the Performance Agreement-for Zack's Estates to September 21, 2014, as requested. The Board will be discussing the status of this subdivision once again at their September 18t'meeting at which you are asked to attend. If you have any questions,please contact this office at 786-0400, extension 8738. Sincerely, Maik Paleologopoulos,Chairman AGAWAM PLANNING BOARD MRP:prk Cc: Engineering Dept. Chicopee Savings Bank Treasurer Town Clerk File 1 Aug20,2014 To whom it may concern; I Thomas Russo Jr am requesting an extension on the bond for- ack's Estates.I am asking for an extension of 30 days please.That would extend it out to aprox September 20,2014. a n, v Please let me know if there are any problems with this extension. b n, ti v Thank you 4soT.R 204 Suffield Street Apwam,MA 01001 RECEIVED AUG 2 0 2014 AGAWAM PLANNING BOARD TOWN OF AGAWAM Dewartment of Public Works Ali- 1009 Suffield Street • higawaU4 MA 0100 Cluistopher y. Ooiba • Supe.-Intendent Phi O.RAPd13iTM To: Planning Board CC: File Prop: Engineering Division Date: August 29,2014 Subject: Re: Grading Problem-Zack's Estates-School Street Dear Mayor Cohen, Per your :-equest, the following is a summary of grading issue at Zack's Estates and the Petrucci Property. The original subdivision plan caLed for a retaining wall to be installed along Cie east side of?Vdchele Lane adjacent to the Petrucci property. Luring a Planning Board meeting, it was agreed that tLe retaining wall plan be superseded by a plan to grade this area starting at the edge of the right of way down at a pitch of 5:1 (5 fe.t horizontal to 1 foot vertical). During this meeting,there was a discussion regal-ding plantings. However, Engineering has not received any details or requirements for these Plantings. Last Fall Mr. Russo re-graded the area. He was unable to meet the 5:1 slope because there is a sited located just to the east of Michele Lane on the Petrucci's property (see attached photo). Mr. Russo graded the slope and left enough space for stormwater runoff to drain around the shed. This re;:ulted in a slope greater than the proposed 5:1. Engineering performed a survey of the finished grading last year. Criginally, it was determined that the grading was properly done and the bond was reduced to $I0,000. However, an error in the collection of the survey data was discovered. The elevation shots were not taken exactly at the top and bottom of the slope where the pitch changes resulting in an inaccurate slope calculation. ,Additional survey data was subsequently collected and the slopes were recalculated. The attached plan shows an accurate description of the current contours and pitch of the slope. As you can see, there are some areas which do not meet the proposed maximum slope of 5:1 (20%). The maximum pitch found is 26.9% or about 3.7:1. It should be noted that while this pitch is steeper than the revised plan, it is still less than the pitch of the side slopes of most detention ponds in town(I f or 33.3%). This includes th%, detention pond directly across the street on Michele Lane. Detention ponds are required to be mowed at least twice a year by the property owners per the Town Code. Engineering has sent several memos to the Planning Board, Mr. Russo and. the Petruccis, explaining the situation out on the property(see attached). If Mr. Russo were to re-grade the slope at 5:1 per the plan, the ground would need to be raised up next to Mr. Pettrucci's shed. The slope of the hill could direct stormwater up against the shed potentially causing water damage to the structure. Engineering received several complaints from. the Petruccis regarding the slope and has discussed this issud with Mr. Russo. Engineering attempted several times to get the two parties together to come to some sort of resolution to this issue. However, we were not successful. On May 28m, 2014, Patrick Toney, the Town's Associate Solicitor sent a letter to Mr. and Mrs. Petrucci stating that this issue is a private matter (see attached). At this point, Engineering stopped attempting to get the two parties together to resolve this matter. The $10,000 remaining in the bond should be sufficient fiuxding to complete all the remaining necessary work for the subdivision depending on what the original intent of the Planning Board was for the required plantings. Re-grading the area would be tedious work particularly near the shed as mentioned above. If the Town were to do this work, it is highly recommended that a hold harmless agreement with the Petn=i's be required if the shed were to remain in that location during the work- This agreement should also include any possible future damage to the shed or puddling in the yard resulting from stormwater runoff as a result of the 5:1 slope, It should be noted that all areas within the Town's right of way will need to slope toward Michelle Lane as per the Town's Subdivision Standards. This includes approximately 10 feet of land directly to the east of the edge of pavement on Michele Lane. It should also be noted that W. Petrucci has told Engineering that he plans to install a driveway from his garage (labeled as"concrete pad" on the plan), along this slope and tie into Michele lane. Any fine grading will be significantly altered as a result of this work. It is recommended that Deborah Dachos and the Planning Board be consulted regarding this issue as they may have additional information on this subject (particularly the discussions during,the Planning Board meetings). If you have eny questions,please do not hesitate to contact this division. Sincerely, 17 Michelle C.Chase,P.E. Town Engineer ' .11 r .98 > 79.99 .97 73.22 79. 5 X79.10 •75.41 73.71 G AGE: 8.78 X79.47 .14 X79 8 7 .95 .48 � i 79.z � X73 CONC. PAD 73. X78.67 74 X7 .98 X78.5 �6 4.10 X73,22 72 73 I ' X .72 76. 73.94 I 2.96 � 8.3 76.0 78.23 X7 .92 X73. SHED 76. 3.08 3.78 73.08 I .31 78. X77. 76. / 73.7 X73.03 i I . I i 77.41 X77.4 7 ! X77,24 X73.23 X76.82 7 .96 -X73.67 74 7 77.07 X77. 75.95 i X7 73.84 i 76.9 X76.56 X73.61 73.61 6.32 SHED X76 fir74.44 X75.43 73,70 i 73.8 CONC. I .22 ,29 X75.18 i .95 QRAYONG NAME: EXISTING GRADING 75.39 LOCAIROW I X74.71 ZACICS ESTATES / 343 SCHOOL ST. X7 .83 HOUSE SME 1:' IG DATC! : 5-13-44 I OF I Town of Agawam Law Department Vincent F.Giok*City Solicitor Patrick M.Toney,Anocrte Solicitor May 28,2014 ' Russell&Sherry Petrucci 343 School Street Agawam,MA 01001 Re:Planning Board]urisdiaffb .I OM19. .. Dear Russell& S " ,: rye ;:� r This Iettcr11' to' yot of the Plant lg;l�oard Rif tfia'1'ogin'Qf�.A�wam s po- sition rcgardinCIIIWu J Ope of lot 10A-vti`Sbbool Sheet:,. ifie the Planning Board wishes for an i q;ut ass to thegiaatiags-along the siopp of lot-10A,the Planning BMW1 cs`, liatfc l 'fo ►sac.Subnaittec}sited&*-dr raot;sRecify ie- quired plantings frr this bou1 a TdA F4a cgDbpmt ssed thus is its tiR `ri Memorandum to,the pew`. Y 44'201q(see aitadig : As far asrthc?lanning Board is eoncetn6d, thcl'`- er �'�d"m between the;tv�0.prppcf ners,a $as the Town holds no intet+est ae�ht�r�Ppert3':ttie: xIs` it}l' s1tirn.xhe matter, and for that matter;ttetr doe,�tle'Piatttihg l3oard. We will Ire py.to assist with gathering any mascrlals i Y y Oi[1;ewe may ha`-e that you to neck:lit will be the extent of the To Ti involiy ltidllt .6x.patter. While the To�v,.:9 wa�iii i ides t rids'tl�:gurtird pogibon .'this S is a matter to be addressed between y � ` ' " Patrick M.Toney Associate Solicitor Town of Agawam Cc. T. Russo Consrrucrton. Planning Board 36 Maio Sheet,Agawam,MA 01001 Td- (413) 726-9726 Fax: (413)786-9927 TOWN OF AGAWAM Department of Public Works 1000 Suffield Street * Agawam, MA 01001 Tel (413) 8210600 - Fax (413) 8210631 Christonher J.Golba . Superintendent MEMORANDUM To: Planning/Mrs. Sherry&Mr.Russell Petrucci/T.Russo Construction CC: File From: Engineering Division Date: May 14,2014 Subject: Bond Status-Retaining Wall and Grading—Zack's Estates &343 School Street Engineering has reviewed the work performed at Zack's Estates Subdivision and has prepared the following punch list: l. Iron pins and concrete bounds need to be certified by a Registered Land Surveyor. 2. There is a section of the sidewalk located partially on private property(Lots: 6 & 7). The easement will need to be secured by the developer and be recorded at the Hampden County Registry of Deeds. 3. There are several sections of the tree belt that do not have sufficient loath behind the berm. During large rain events, stormwater collects behind the berm in the tree belt. Additional Ioam and seed will need to be placed to allow positive flow from the sidewalk to the roadway per the detail shown in the plans. 4. Per the request of Mr. Petrucci, Engineering performed additional survey work on the slope adjacent to his property(Lot 1 OA). The Original survey data that was collected did not accurately locate the top and bottom of the slope. Additional data was collected at the transition points where the grade changes. This additional data allows for a more accurate calculation of the pitch of the slope using AutoCAD. As a result, there are some sections of the slope that are steeper than 5:1 (20%). See Attached plan (max calculated was 26.9% = 3.7:1). Engineering spoke to Mr. Russo about this issue who is awaiting a decision by the Planning Board on this matter. Mr. Russo said that he attempted to meet the 5:1 slope while trying to avoid creating a drainage issue next to the shed and garage (shown on attached plan and photo). It should be noted that the detention pond across the street is graded at 3:1 per the approved plans. 5. Mr. Russo has planted trees and shrubs on Lot 10A, However, Mr. Petrucci has written to Engineering explaining that the location and type of plantings are not acceptable. Engineering has attempted several times to get the two parties together to agree to the plantings, without success. Engineering would like to remind the Planning Board that there are no plans that show what exactly is required for this parcel. If you have any questions,please do not hesitate to contact our division. Sincerely, r ladimir tceres Michelle C. Chase,P.E. Civil Engineer Town Engineer x:.�ubdi+walk's rswl&,giading plumOni W b slope-Amy 343 schmi%rinow U'aA \ � os 1,4 i^ } � • ���' ,�S■f U©- � � - , % > ' Q�cn �I aalt TOR-2014-3 � d' 1 AN ORDINANCE TO AMEND CHAPTER 114 OF THE AGAWAM TOWN CODE ENTITLED "JUNK AND SECONDHAND DEALERS" Sponsored by (Mayor Richard A Cohen) Whereas, Chapter 114 §§1-4 of the Agawam Municipal Code regulates junk and secondhand dealers; and Whereas, Chapter 114 §§1-4 has not been amended or updated since its adoption on 12-21-1972 as § 9-2 of the Code of the Town of Agawam; and Whereas, on January 30, 2014 it was brought to the attention of the Agawam Chief of Police that there were deficiencies in the current ordinance; and Whereas, there has been significant changes to crime patterns and technologies since 1972; and Whereas, there are a number of improvements.that would significantly enhance the Police Departments ability to recover property of crime victims as well as to successfully prosecute perpetrators of property crimes; and Whereas, it is in the best interest of the Town of Agawam to amend Chapter H4 of the Agawam Municipal Code. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: that Sections 1-4 of Chapter 114 be deleted from the Agawam Municipal Code and that the following be removed from section 4 Chapter 103 "Junk dealers' license, per year $20.00" ; and that the following be inserted into the Agawam Municipal Code, See Exhibit "A" attached hereto and made a part hereof. Dated this day of , 2014. PER ORDER OF THE AGAWAM CITY COUNCIL A fyvolv Christopher C. Johnson, President i w/ G , 10" AP ROVED A O FORM AND LEGALITY j 2 t - � r Vincent ttidcia, City Solicitor Exhibit "A" 114§1 Pawnbroker's licenses; Fee. A. The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, pursuant to the provisions of Chapter 140 of the General Laws. Upon application or license renewal of all persons involved in secondhand dealer or as a pawnbroker shall submit to a CORI check of their criminal history. The Police Chief or his designee shall determine the suitability of the applicant and/or employees of the applicant. B. The fee for such license shall be $200. 114§2 Junk and secondhand dealer's licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws. 114§3 Records of purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Police Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years C. Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeepers computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Before the first hour of every business day, post meridian, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in section 114§3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to 114§3(C). F. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection D. 114§4 Signs on shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. 114§5 Examination of junk shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such examination. 114§6 Dealing with minors. No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of an individual under the age of eighteen (18), or having reason to believe him to be an individual under the age of eighteen (18). 114§7 Time period for holding articles prior to resale. A. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection A. 114§8 Hours of operation Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. 114§9 Storage of rags and wastepaper by junkdealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kepi or stored within the limits of the fire district, except in substantial brick or stone buildings. 114§10 Used vehicle junk dealers. A Class 3 license shall be required for used vehicles junk dealers. 114§11 Purchase of certain items prohibited; violations and penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks removed or apparently removed. B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under 114§1 or 114§2. D. Violations of any section of Chapter 114§§I-11 may result in a fine of not less than $300, suspension of license, or revocation of license. AN. w AGAWAM POLICEDEPARTMENT � � I r o ,cE ERIC P. GILLIS Chief of Pol ice May 7, 2014 Agawam Town Council 36 Main Street Agawam, MA 0 100 1 Dear Members of the Agawam Town Council, It has come to my attention that there is some level of concern regarding the Pawn/Junk Dealers Ordinance proposal currently before you, most especially with respect to changing the licensing authority from the Town Council to the Chief of Police. For the purpose of perspective members of the council should be aware that persons who have committed property crimes are very likely to try and rid themselves of that property in exchange for cash by utilizing pawn brokerage establishments. Fair but stringent regulation of these types of businesses is necessary to ensure that law enforcement has the greatest chance to recover stolen property that has been unlawfully sold to these types of establishments and return it to its rightful owners. This regulation also provides law enforcement with more of the tools it needs to identify and apprehend offenders. A comprehensive ordinance governing these types of dealers not only allows law enforcement to identify property crime offenders, but also those commit robberies, home invasions, and sometimes homicide, as larcenies are a common collateral component of these other crimes against the person. You should know that the issue of regulating pawn brokers came to my attention some months ago, when a new pawn broker attempted to set up shop on Springfield Street in Feeding Hills. The person who was attempting to open this pawn broker establishment is known to our detectives, as he owns like establishments in the City of Springfield, and they have had contact with him in the past pursuant to property crime investigations. The real concern that our detectives had regarded their belief that he would attempt to sell items here in Agawam that he had obtained in Springfield, but would be unable to sell in that jurisdiction because of their more stringent re-sale standards. At about the same time, the City of Springfield was going through the process of modifying their ordinance governing these types of permits at the behest of Springfield Police Department. The changes that Springfield Police sought and ultimately 681 Springfield St. • Feeding Hills, MA 01030 - TeL•(413)786.4767 • Fax:(413)786.4821 • egillis@agawam.ma.us obtained were the direct result of impediments to their criminal investigations that were caused by deficiencies in their city's previous ordinance regulating pawn brokers and junk dealers. In the wake of our event here in Agawam, and the changes to the ordinance in Springfield, we decided that the time was right to propose an overhaul of our own ordinance, so that the new law would allow for a greater probability of property recovery, while simultaneously meeting the needs of modern day criminal investigation practices. We obtained a copy of the City of Springfield Ordinance, as it had just been passed by them. After reviewing the City of Springfield ordinance, we found it to be well thought out, carefully constructed, and ultimately felt that there was no need to re-invent the wheel with respect to our proposal. We also consulted with our detectives who routinely conduct property theft investigations and solicited their input based upon their experiences, both with our ordinance, and with the City of Springfield ordinance. It is worth noting that from a common practice standpoint our investigations involving property crime, frequently take our Detectives into the city of Springfield, as that is where the vast majority of these types of establishments are located within our region. In our final analysis, we concluded that a policy that mirrors that of the City of Springfield will prove to be the most beneficial to our investigations that often end up'within that jurisdiction. I recognize that there is real concern about changing the licensing authority from the Town Council to the Chief of Police. Again, this portion of the ordinance as proposed mimics the City of Springfield Ordinance. The advantages to this shift in authority relate to our ability to conduct criminal background checks on applicants to determine suitability, and if needed take swift and timely action against those who are properly licensed if they fail to comply with the provisions of the ordinance, violate the criminal laws of the Commonwealth, or impede lawfully conducted criminal investigations involving persons or property with whom they have dealt. Again, this recommended shift of licensing authority is based upon the full recognition that this is a best practice approach that has been adopted by the City of Springfield. Their experience in addressing these issues from both a law enforcement and political perspective is far more extensive and long standing than our own, and as such should be given consideration. In conclusion, this ordinance has been proposed to protect our citizens from irreparable loss of personal property and heirlooms. We believe that adoption of this new ordinance will aid the Agawam Police Department significantly in criminal investigations where personal property has been unlawfully taken. It will also enable us to assist other law enforcement agencies with their investigations of a like nature. Currently, we receive a high level of assistance from the Springfield Police Department with our investigations involving theft of property, and we believe that an ordinance that is consistent with their practices would be of significant benefit to those collaborative efforts. Most importantly this ordinance as proposed will provide us with the best opportunity to recover stolen items before they are lost forever, especially given the current trend in melting used gold jewelry to be re-purposed to other uses. Adoption of this updated ordinance would ultimately prove invaluable to our residents, and the benefit of the additional protections that it would afford crime victims cannot be overstated. I urge all of you to give this Exhibit"A" 114§1 Pawnbroker's licenses; Fee. A. The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, pursuant to the provisions of Chapter 140 of the General Laws. Upon application or license renewal of all persons involved in secondhand dealer or as a pawnbroker shall submit to a CORI check of their criminal history. The Police Commissioner or his designee shall determine the suitability of the applicant and/or employees of the applicant. B. The fee for such license shall be $200. 114§2 Junk and secondhand dealer's licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws, 114§3 Records of purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Police Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to :police upon request. The above described photos shall be maintained by the license holder for a minimum of three years Version 3-25-1 4 Exhibit"A" 114§1 Pawnbroker's licenses; Fee. A. The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, pursuant to the provisions of Chapter 140 of the General Laws. Upon application or license renewal of all persons involved in secondhand dealer or as a pawnbroker shall submit to a CORI check of their criminal history. The Police Commissioner or his designee shall determine the suitability of the applicant and/or employees of the applicant. B. The fee for such license shall be $200. 114§2 Junk and secondhand dealer's licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws. 114§3 Records of purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be Iimited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number--nrl-residence of the person from whom, and the day and hour when, such pur -such electronic record shall at all times be op, the Police Department and of any person aui', B. The license holder shall photograph any a 00 pledged, or otherwise deposited with the lip be clear and such quality that the item photographs shall be stored in a digiti; retrievable and a clear copy provided ; described photos shall be maintained by three years Version 3-25-14 C. Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeepers computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Before the first hour of every business day, post meridian, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in section 114§3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to 114§3(C). F. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection D. 114§4 Signs on shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. 114§5 Examination of junk shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such examination. 114§6 Dealing with minors. Vcrsion 3-25-14 No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of an individual under the age of eighteen (18), or having reason to believe him to be an individual under the age of eighteen (18). 114§7 Time period for holding articles prior to resale. A. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection A. 114§8 Hours of operation Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. 114§9 Storage of rags and wastepaper by junkdealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of the fire district, except in substantial brick or stone buildings. 114§10 Used vehicle junk dealers. A Class 3 license shall be required for used vehicles junk dealers. 114§11 Purchase of certain items prohibited; violations and penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks removed or apparently removed. Version 3-25-14 B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under 114§1 or 1 l4§2. D. Violations of any section of Chapter 114§§1-11 may result in a fine of not less than $300, suspension of license, or revocation of license. Versiol] 3-25-14 AGAWAM P01�ICE' DEPARTMENT ER IC P. GILLIS Chie(0 1f of Police January 30, 2014 Mayor Richard A Cohen Town of Agawam 36 Main Street ' Agawam, MA 01001 tz Dear Mayor Cohen, . It has been brought to my attention by Detective Brown that our ordinance that rem s tlg way in which owners of second-hand goods stores (aXa. pawn shops) must conduct businef y�may or not be aware, Detective Brown investigates the significant majority of our property crim4nv4gations. As such, he regularly visits pawn shops in surrounding communities in search of items that 1mve been stolen from our residents and then sold to these out of town stores. As a result, he understands how certain ordinances that regulate the manner ip which these stores operate, can impact a criminal investigation. With respect to our current ordinance, it is clear that it has not been updated in well over two decades. There have been significant changes in crime pitterns and technologies in those intervening years, and our ordinance has not adapted to the new reality pf property crime. There are a number of improvements to the ordinance that we would like to see make, as they would significantly enhance our ability to recover the property of crime victims, as well as prosecute the perpetrators of property crime. The changes that we have in mind would include, b6t not be limited to, an extended quarantine period for certain items,stringent standards for identifying persons pawning goods and preserving those records for review by law enforcement, and photographs of certain categories of goods to be maintained by the shop owner after the item is removed from quarantine Qr sold. I would appreciate the opportunity to discuss our concerns and ideas with you and the Law Department, so that we may collectively address the obvious'deficiency in our current ordinance. I have included a copy of the current ordinance, as well as a related news article from the city of Springfield, for your further review. i thank you in advance for your time and attention to this matter. I Respecffully s i d, i ric P. Gs lis Chief of Police Cc: City Solicitor--Atty. Vincent Gioscia 681 Springfield St. • Feeding Hills, MA 01030 Tel:(413)786.4767 Fax:(413)786.4821 egillis@agawarn.ma.us JUNK AN❑ SECONDHAND DEALERS § 114-5 C. Such shop and all articles of merchandise therein may at all times be examined by the Town Council or by any person authorized by the Council to make such examination, and no keeper of such shop and no junk collector shall diregtly or indirectly either purchase or receive by way of barter or exchange any articles from a minor or apprentice knowing or having reascin to believe him to be such. OW No article received or p rchased by such keeper shall be sold until at least one (1) week from the date of its purchase or receipt has elapsed. E. Such shop shall be close from the hours of 6:0�0 p.m. and 7:00 a.m., and no keeper thereof and no junk collector shall purchase any articles between those hours. § 114-4. Used vehide jur* dead , A Class 3 license shall be required for used vetii6le junk dealers. ;yam � `,� CLE Il ` COW- Mow Veh�*e CZ e [Adop�t� 1-1 198'7 as TOM -171 § 114-5. Co Aftins pmaxlern to mmrice of Gass 1 and pass 2 Boer& A An person filing h application for a Class 1 ,or Class 2 license or ame'-;ding an exiiQrrt license shall file an accurate plot plan of all the premises on on whthis license will be exercised. Such plan shall be drawn to'scale, show the lilorth arrow as well as the actual dimensions, radii and a Mangles of all the premises, showing the specific area to be used for the car lot, dispI4 areas and all permanent buildings. The plot plan shall also include buffer areas. signs, driveways and all abutters to the property and such Ether information and plans as may be necessary to determine the merits of the application. Such plans must be approved by the Buildi6g Department. B. Every licensee shall providp a suitable place to conduct his business, which shall include a plan 'to provide services and storage for not less than one (1) motor vehicl A storage area shall be exclusive of any office space. Each licenset. shall be required to provide an area of 11403 I i i 2> 5 - 0(MV eg, (Din 11 o pzwn ��hop I 1�de lbm pl ponas ropr,b.oar�n p after 302012. �o Gd iG SPRINGFIELD - 'After sew includes a nearly a year-long debate,they Q t pay mis2 for the • City Coastal on Mondays jave =yam,rete to July 1, -5rrst-step approval to sa,ordi-. 2012 to 3nne 30;cv 13,.astd a 2 nanoa that would establish pay raise retra�lve �Ix stronger regulations �over toto�2013. ,il^c t� pawn shops and junk dealers es for library employ- HICIU ees in E=d 15M had ra pd hold on sscoad- gativelry from a Hbrary preparation and other goads desl�rred to sp=Wist at pay grade 6 re- aid police investigations of cyfg an anmml salary oY ry housebreaks and stolea;mer- =,161,to a Mary informa- chandise. , 1 tion oervices supervisor at Both Council President B& grade u recaviu»,,7 shad Fenton and council' Under a new da , all !i- `� 3 lit safety committee c4ta#� brary employees hired after - ..�[ Thomas Ashe said they, are Jan. 1,20 4,Om sul+jac�to the sr�ii7`t, ' confident the ordinance!will ciWs residency requirement gain final approval s t � dingThe den 1l ��•+.�� S : 3 on,rise rn�m�il has bum the sub}ed o r voted =to 8 1u�a for many years, but the law ► trust fund that be to has been largely unenforced, e heip farad the �y's severely eocordingta o�la. uader!<rnded rya hoalda iu- Fenton osid m pthrilled' surance The lial4ilily the pawn brokers or+dhoanoe b aatimat��r 81 bil on. passed $rat step. Of the 13 s and the i�'4shiag his to councilors, just a f w.:Wme hdose ft Epp over the naut 15 heard Baying Ono'to the Smt years.said Timwthy J. P'gnM of three deps needed for the ady's chief a ve passed. d and finandal officer.er. : -- Ache said the law gives r,esi- � As part of the effort to,re- deatu a`Bair chain to ro eve h duce the m*nded lie tity. stolen items,'rather than the the aunc it Monday vote to -currant 10Wr!told Rsgtm�- n' file a home rule bill with,the menu for the items e� tine as state Legislature, asking sellers to be listed on comput- on persuasion to move Its CAiW er by the shop owners helps ter 65S state-mundeted 3 re- bring Sppringfield's system �l- serve fund, totaling $5.8 into the 21st century.he said m million,to the new trust fund. Councilors Katen Walsh, °' The city since 1989 has that Timothy Rooke and Clodoval- a required to annually fund that do Concepcion were recorded e reserve and to leave it pn- Voting no,and Councilor Bud D touched except for"eartraorW- L.Williams said he also voted + nary and unforeseen no.Some councilors said they a rsditure.' i were concerned the longer sn addition, the oburfdl holding period for used-jewel- line U- ve ry and other goods would be a a two-year ca Wad for Ameri- hardship. Tn addition, Walsh can Federation of State,Cohn- sand she was concer"d about ty and Municipal EmployeLsN the privacy of people selling Loral 1596A, representing'42 theirgoods. ---..ter--------.-- ----- TOR-2014-3 AN ORDINANCE TO AMEND CHAPTER 114 OF THE CODE OF THE TOWN OF AGAWAM ENTITLED "JUNK AND SECONDHAND DEALERS" Sponsored by Mayor Richard A Cohen Whereas, Chapter 1. 14 of the Code of t4 �►d Secondhand Dealers; and Whereas, Chapter 114 has not been am 12-21-1972 as § 9-2 of the Code of the Town of., Whereas, on January 30, 2014 it was bi Chief of Police that there were deficiencies in the I 1 Whereas, there has been significant char; 1 since 1972; and } Whereas, there are a number of improve�,i the Police Departments ability to recover property 01 crime vicrinms as well as to success- fully prosecute perpetrators of property crimes; and Whereas, it is in the best interest of the Town to amend Chapter 114 of the Code of the Town of Agawam. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, or- dains, amends and enacts the following amendments to the Code of the Town of Aga- wam: SECTION 1. The Code of the Town of Agawam is hereby amended by renaming Chapter 114: Junk and Secondhand Dealers to the following;- Chapter 114: Junk, Pawn and Secondhand Dealers SECTION 2. The Code of the Town of Agawam is hereby amended by deleting Article 1 Junk, Old Metal and Secondhand Articles in its entirety and replaced with the following.- Article I § 114-1 Pawnbroker's Licenses; Fee. A. Definition. A pawnbroker is an individual or business that offers secured loans to individuals with items of personal property used as collateral. If an item is pawned for a loan, within a certain contractual period of time the pawnbroker may redeem it for the amount of the loan plus some agreed-upon Page 1 of 5 amount of interest. The amount of time, and rate of interest, is governed by law or by the pawnbroker's policies. If the loan is not paid (or extended, if ap- plicable) within the time period, the pawned item will be offered for sale by the pawnbroker. The pawnbroker does not report the defaulted loan on the customer's credit report, since the pawn broker has physical possession of the item any may recoup the loan value through an outright sale of the item. The term "Secondhand Junk Dealer" shall not apply to a Pawnbroker. B. Application Referral. Upon receiving an application for a license to engage in business as a pawnbroker, the application shall be referred by the City Council to the Chief of Police for investigation into the applicant's criminal record, which investigation shall include obtaining fingerprints, photograph and CO- RI check from the applicant. C. Interview. The Chief of Police may, in his discretion, require a personal inter- view of the applicant, and may request further relevant information. D. Disqualification. No license shall be issued by the City Council unless the Chief of Police has first approved its issuance. The Chief of Police may refuse to approve the issuance of such license on any of the following grounds: (1) That the applicant, based on his or her criminal record, would be an im- proper person in that particular business;or (2) That the applicant has had a previous license to engage in such business revoked or suspended by the Town of Agawam or some other jurisdiction; or (3) That the conduct of the business at the location in question would not be in the interest of the public health,safety or welfare. E. Notification. The Chief of Police shall notify the City Council and the appli- cant of his approval or denial of said license in writing within thirty (30) days of the date of application. F. Fee. The fee for such a license shall be $200.00 § 114-2 Junk and Secondhand Dealer's Licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of chapter one hun- dred forty of the General Laws. § 114-3 Records of Purchases. Page 2 of 5 A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this Town shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Po- lice Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photo- graphs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years C. Every license holder shall allow a representative of the New England State Police Information Network ("NESPW') to enter his shop and install the software nec- essary on the shopkeepers computing device to allow the shopkeeper to electroni- cally transmit a record of his/her transactions. Before the first hour of every busi- ness day, post meridian, every shopkeeper shall transmit a record of his/her trans- actions from the prior day. The record transmitted must include the information included in § 114-3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed ini- tials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of.coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to § 114-7 (C). Page 3 of 5 F. Exception for Dealers in Secondhand Books, Clothing and furniture. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of§ 114-3 (D). § 114-4 Signs on Shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. § 114-5 Examination of Junk Shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such exami- nation. § 114-6 Dealing with Minors. No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of a minor, as defined by the General Laws, knowingly or having reason to believe him to be such. § 114-7 Time Period for Holding Articles Prior to Resale. A. Required Holding Period. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Exception for Dealers in Secondhand Books, Clothing and Furniture. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of§ 114-7 (A). § 1]4-8 Hours of Operation. Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. § 114-9 Storage of Rags and Wastepaper by Junk Dealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of any district, except in substantial brick or stone buildings. Page 4 of 5 § H4-10 Used Vehicle Junk Dealers. A Class 3 license shall be required for used vehicles junk dealers. § 114-11 Purchase of Certain Items Prohibited; Violations and Penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks re- moved or apparently removed. B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under § 114-1 or § 114-2. D. Violations of any section of this ordinance §§ 114-1 through 11 may result in a fi- ne of not less than $300, suspension of license, or revocation of license. Dated this day of ) 2014. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APP VED AS FORM AND LEGALITY T �. Vincent F. Gioscia,City Solicitor Page 5 of 5 TOR-2014-3 AN ORDINANCE TO AMEND CHAPTER 114 OF THE CODE OF THE TOWN OF AGAWAM ENTITLED "JUNK AND SECONDHAND DEALERS" Sponsored by Mayor Richard A Cohen Whereas, Chapter 114 of the Code of the Town of Agawam regulates Junk and Secondhand Dealers; and Whereas, Chapter 114 has not been amended or updated since its adoption on 12-21-1972 as § 9-2 of the Code of the Town of Agawam; and Whereas, on January 30, 2014 it was brought to the attention of the Agawam Chief of Police that there were deficiencies in the current ordinance; and Whereas, there has been significant changes to crime patterns and technologies since 1972; and Whereas, there are a number of improvements that would significantly enhance the Police Departments ability to recover property of crime victims as well as to success- fully prosecute perpetrators of property crimes; and Whereas, it is in the best interest of the Town to amend Chapter 114 of the Code of the Town of Agawam. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, or- dains, amends and enacts the following amendments to the Code of the Town of Aga- wam: SECTION 1. The Code of the Town of Agawam is hereby amended by renaming Chapter 114: Junk and Secondhand Dealers to the following:- Chapter 114: Junk, Pawn and Secondhand'Dealers SECTION 2. The Code of the Town of Agawam is hereby amended by deleting Article l Junk, Old Metal and Secondhand Articles in its entirety and replaced with the following:- Article I § 114-1 Pawnbroker's Licenses; Fee. A. Definition. A pawnbroker is an individual or business that offers secured loans to individuals with items of personal property used as collateral. If an item is pawned for a loan, within a certain contractual period of time the pawnbroker may redeem it for the amount of the loan plus some agreed-upon Page 1 of 5 r amount of interest. The amount of time, and rate of interest, is governed by law or by the pawnbroker's policies. If the loan is not paid (or extended, if ap- plicable) within the time period, the pawned item will be offered for sale by the pawnbroker. The pawnbroker does not report the defaulted loan on the customer's credit report, since the pawn broker has physical possession of the item any may recoup the loan value through an outright sale of the item. The term "Secondhand Junk Dealer" shall not apply to a Pawnbroker. B. Application Referral. Upon receiving an application for a license to engage in business as a pawnbroker, the application shall be referred by the City Council to the Chief of Police for investigation into the applicant's criminal record, which investigation shall include obtaining fingerprints, photograph and CO- RI check from the applicant. C. Interview. The Chief of Police may, in his discretion, require a personal inter- view of the applicant, and may request further relevant information. D. Disqualification. No license shall be issued by the City Council unless the Chief of Police has first approved its issuance. The Chief of Police may refuse to approve the issuance of such license on any of the following grounds: (1) That the applicant, based on his or her criminal record, would be an im- proper person in that particular business; or (2) That the applicant has had a previous license to engage in such business revoked or suspended by the Town of Agawam or some other jurisdiction; or (3) That the conduct of the business at the location in question would not be in the interest of the public health, safety or welfare. E. Notification. The Chief of Police shall notify the City Council and the appli- cant of his approval or denial of said license in writing within thirty (30) days of the date of application. F. Fee. The fee for such a license shall be $200.00 § 114-2 Junk and Secondhand Dealer's Licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of chapter one hun- dred forty of the General Laws. § 114-3 Records of Purchases. Page 2 of 5 A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this Town shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Po- lice Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photo- graphs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years C. Every license holder shall allow a representative of the New England State Police Information Network ("NESPIN") to enter his shop and install the software nec- essary on the shopkeepers computing device to allow the shopkeeper to electroni- cally transmit a record of his/her transactions. Before the first hour of every busi- ness day, post meridian, every shopkeeper shall transmit a record of his/her trans- actions from the prior day. The record transmitted must include the information included in § 114-3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed ini- tials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of-coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to § 114-7 (C). Page 3 of 5 F. Exception for Dealers in Secondhand Books, CIothing and Furniture. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of§ 114-3 (D). § 114-4 Signs on Shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. § 114-5 Examination of Junk Shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such exami- nation. § 114-6 Dealing with Minors. No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of a minor, as defined by the General Laws, knowingly or having reason to believe him to be such. § 114-7 Time Period for Holding Articles Prior to Resale. A. Required Holding Period. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Exception for Dealers in Secondhand Books, Clothing and Furniture. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of§ 114-7 (A). § 114-8 Hours of Operation. Pawn shops and second hand dealers shall be closed except between the hours of 7.00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. § 114-9 Storage of Rags and Wastepaper by Junk Dealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of any district, except in substantial brick or stone buildings. Page 4 of 5 § l 14-10 Used Vehicle Junk Dealers. A Class 3 license shall be required for used vehicles junk dealers. § 114-11 Purchase of Certain Items Prohibited; Violations and Penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks re- moved or apparently removed. B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under § 114-1 or § 114-2. D. Violations of any section of this ordinance §§ 114-1 through 11 may result in a fi- ne of not less than $300, suspension of license, or revocation of license. Dated this day of , 2014. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APP VED AS FORM AND LEGALITY 1 Vincent F. Gioscia, City Solicitor Page 5 of 5 Exhibit "A" 114§1 Pawnbroker's licenses; Fee. A. The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, pursuant to the provisions of Chapter 140 of the General Laws. Upon application or license renewal of all persons involved in secondhand dealer or as a pawnbroker shall submit to a CORI check of their criminal history. The Police Chief or his designee shall determine the suitability of the applicant and/or employees of the applicant. B. The fee for such license shall be $200. 114§2 Junk and secondhand dealer's licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws. 114§3 Records of purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Police Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years C. Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeepers computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Before the first hour of every business day, post meridian, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in section 114§3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer Iicense or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to 114§3(C). F. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection D. 114§4 Signs on shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. 114§5 Examination of junk shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such examination. 114§6 Dealing with minors. No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of an individual under the age of eighteen (18), or having reason to believe him to be an individual under the age of eighteen (18). 114§7 Time period for holding articles prior to resale. A. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection A. 114§8 Hours of operation Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. 114§9 Storage of rags and wastepaper by junkdealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of the fire district, except in substantial brick or stone buildings. 114§10 Used vehicle junk dealers. A Class 3 license shall be required for used vehicles junk dealers. 114§I I Purchase of certain items prohibited; violations and penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks removed or apparently removed. B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under 114§1 or 114§2. D. Violations of any section of Chapter 1 14§§1-11 may result in a fine of not less than $300, suspension of license, or revocation of license. AGAWAM POLICEDEPARTMENT ERic P. GILLIS 40 Chief of Police May 7, 2014 Agawam Town Council 36 Main Street Agawam, MA 0 100 1 Dear Members of the Agawam Town Council, It has come to my attention that there is some level of concern regarding the Pawn/Junk Dealers Ordinance proposal currently before you, most especially with respect to changing the licensing authority from the Town Council to the Chief of Police. For the purpose of perspective members of the council should be aware that persons who have committed property crimes are very likely to try and rid themselves of that property in exchange for cash by utilizing pawn brokerage establishments. Fair but stringent regulation of these types of businesses is necessary to ensure that law enforcement has the greatest chance to recover stolen property that has been unlawfully sold to these types of establishments and return it to its rightful owners. This regulation also provides law enforcement with more of the tools it needs to identify and apprehend offenders. A comprehensive ordinance governing these types of dealers not only allows law enforcement to identify property crime offenders, but also those commit robberies, home invasions, and sometimes homicide, as larcenies are a common collateral component of these other crimes against the person. You should know that the issue of regulating pawn brokers came to my attention some months ago, when a new pawn broker attempted to set up shop on Springfield Street in Feeding Hills. The person who was attempting to open this pawn broker establishment is known to our detectives, as he owns like establishments in the City of Springfield, and they have had contact with him in the past pursuant to property crime investigations. The real concern that our detectives had regarded their belief that he would attempt to sell items here in Agawam that he had obtained in Springfield, but would be unable to sell in that jurisdiction because of their more stringent re-sale standards. At about the same time, the City of Springfield was going through the process of modifying their ordinance governing these types of permits at the behest of Springfield Police Department. The changes that Springfield Police sought and ultimately 681 Springfield St. • Feeding Hills, MA 01030 • Tel.(413) 786.4767 • Fax:(413) 786.4821 • egillis@agawam.ma.us obtained were the direct result of impediments to their criminal investigations that were caused by deficiencies in their city's previous ordinance regulating pawn brokers and junk dealers. In the wake of our event here in Agawam, and the changes to the ordinance in Springfield, we decided that the time was right to propose an overhaul of our own ordinance, so that the new law would allow for a greater probability of property recovery, while simultaneously meeting the needs of modern day criminal investigation practices. We obtained a copy of the City of Springfield Ordinance, as it had just been passed by them. After reviewing the City of Springfield ordinance, we found it to be well thought out, carefully constructed, and ultimately felt that there was no need to re-invent the wheel with respect to our proposal. We also consulted with our detectives who routinely conduct property theft investigations and solicited their input based upon their experiences, both with our ordinance, and with the City of Springfield ordinance. It is worth noting that from a common practice standpoint our investigations involving property crime, frequently take our Detectives into the city of Springfield, as that is where the vast majority of these types of establishments are located within our region. In our final analysis, we concluded that a policy that mirrors that of the City of Springfield will prove to be the most beneficial to our investigations that often end up'within that jurisdiction. I recognize that there is real concern about changing the licensing authority from the Town Council to the Chief of Police. Again, this portion of the ordinance as proposed mimics the City of Springfield Ordinance. The advantages to this shift in authority relate to our ability to conduct criminal background checks on applicants to determine suitability, and if needed take swift and timely action against those who are properly licensed if they fail to comply with the provisions of the ordinance, violate the criminal laws of the Commonwealth, or impede lawfully conducted criminal investigations involving persons or property with whom they have dealt. Again, this recommended shift of licensing authority is based upon the full recognition that this is a best practice approach that has been adopted by the City of Springfield. Their experience in addressing these issues from both a law enforcement and political perspective is far more extensive and long standing than our own, and as such should be given consideration. In conclusion, this ordinance has been proposed to protect our citizens from irreparable loss of personal property and heirlooms. We believe that adoption of this new ordinance will aid the Agawam Police Department significantly in criminal investigations where personal property has been unlawfully taken. It will also enable us to assist other law enforcement agencies with their investigations of a like nature. Currently, we receive a high level of assistance from the Springfield Police Department with our investigations involving theft of property, and we believe that an ordinance that is consistent with their practices would be of significant benefit to those collaborative efforts. Most importantly this ordinance as proposed will provide us with the best opportunity to recover stolen items before they are lost forever, especially given the current trend in melting used gold jewelry to be re-purposed to other uses. Adoption of this updated ordinance would ultimately prove invaluable to our residents, and the benefit of the additional protections that it would afford crime victims cannot be overstated. I urge all of you to give this ordinance strong and favorable consideration, and would like to thank you very much for your time and careful attention to this matter. 7P. ly submit t , Gillis Chief of PoCice Cc: Mayor Richard Cohen Law Department TOR-2014-3 AN ORDINANCE TO AMEND CHAPTER 114 OF THE AGAWAM TOWN CODE ENTITLED "JUNK AND SECONDHAND DEALERS" Sponsored by (Mayor Richard A Cohen) Whereas, Chapter 114 §§1-4 of the Agawam Municipal Code regulates junk and secondhand dealers; and Whereas, Chapter 114 §§1-4 has not been amended or updated since its adoption on 12=21-1972 as § 9-2 of the Code of the Town of Agawam; and Whereas, on January 30, 2014 it was brought to the attention of the Agawam Chief of Police that there were deficiencies in the current ordinance; and Whereas, there has been significant changes to crime patterns and technologies since 1972; and Whereas, there are a number of improvements,that would significantly enhance the Police Departments ability to recover property of crime victims as well as to successfully prosecute perpetrators of property crimes; and Whereas, it is in the best interest of the Town of Agawam to amend Chapter 114 of the Agawam Municipal Code. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: that Sections 1-4 of Chapter 114 be deleted from the Agawam Municipal Code and that the following be removed from section 4 Chapter 103 "Junk dealers' license, per year$20.00" ; and that the following be inserted into the Agawam Municipal Code, See Exhibit "A" attached hereto and made a part hereof. N � � x Dated this day of 2014. t �r PER ORDER OF THE AGAWAM CITY COUNCILo c=a .1 Js Christopher C. Johnson, President =- cia, AND LEGALITY itor Exhibit "A" 114§1 Pawnbroker's licenses; Fee. A. The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, pursuant to the provisions of Chapter 140 of the General Laws. Upon application or license renewal of all persons involved in secondhand dealer or as a pawnbroker shall submit to a CORI check of their criminal history. The Police Commissioner or his designee shall determine the suitability of the applicant and/or employees of the applicant. B. The fee for such license shall be $200. 114§2 Junk and secondhand dealer's licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws. 114§3 Records of purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Police Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years Vc l'Sio[1 :-'_'>-I•l r C. Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeepers computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Before the first hour of every business day, post meridian, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in section 114§3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to 114§3(C). F. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection D. 114§4 Signs on shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large Ietters. 114§5 Examination of junk shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such examination. 114§6 Dealing with minors. Vcrsfon =-25-14 No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of an individual under the age of eighteen (18), or having reason to believe him to be an individual under the age of eighteen (18). 114§7 Time period for holding articles prior to resale. A. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection A. 114§8 Hours of operation Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. 114§9 Storage of rags and wastepaper by junkdealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of the fire district, except in substantial brick or stone buildings. 114§10 Used vehicle junk dealers. A Class 3 license shall be required for used vehicles junk dealers. 114§11 Purchase of certain items prohibited; violations and penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks removed or apparently removed. Y B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under 114§1 or 114§2. D. Violations of any section of Chapter 114§§1-11 may result in a fine of not less than $300, suspension of license, or revocation of license. AGAWAM POL�1, ICE DEPARTMENT 4) i Emc P. GILLIS Chi ef of Police January 30,2014 , Mayor Richard A Cohen Town of Agawam 36 Main Street I� , Agawam, MA 01001 Dear Mayor Cohen, j U, It has been brought to my attention by Detective Brown that our ordinance that revs t1g way in which owners of second-hand goods stores (a.k.a. pawn shops) must conduct busineft s yop may or not be aware,Detective Brown investigates the significant majority of our property crimi5nvgAgations. As such, he regularly visits pawn shops in surrounding communities in search of items that ?Mve been stolen from our residents and then sold to thesie out of town stores. As a result, he understands how certain ordinances that regulate the manner ip which these stores operate, can impact a criminal investigation. With respect to our current ordinance, it is clean that it has not been updated in well over two decades. There have been significant changes in crime p4tterns and technologies in those intervening years, and our ordinance has not adapted to the new reality of property crime. There are a number of improvements to the ordinance that we would like to see made, as they would significantly enhance our ability to recover the property of crime victims, as well,as prosecute the perpetrators of property crime. The changes that we have in mind would include, but not be limited to, an extended quarantine period for certain items, stringent standards for identifying persons pawning goods and preserving those records for review by law enforcement, and photographs of certain categories of goods to be maintained by the shop owner after the item is removed from quarantine Qr sold. I would appreciate the opportunity to discuss our concerns and ideas with you and the Law Department, so that we may collectively address the obvious deficiency in our current ordinance. I have included a copy of the current ordinance, as well as a related news article from the city of Springfield, for your further review. I thank you in advance for your time and attention to this matter. Res'pecffitlly s i d, nc P. Gi lis Chief of Police Cc: City Solicitor—Atty. Vincent Gioscia 681 Springfield St. • Feeding Hills, MA 01030 Tel:(413)786.4767 Fax:(413)786.4821 egillis@agawam.ma.us 1� r JUNK AND SECONDHAND DEALERS § 114-5 C. Such shop and all articles of merchandise therein may at all times be examined by the Town Council or by any person authorized by the Council to make such ex' m'nation, and no keeper of such shop and no junk collector shall directly or indirectly either purchase or receive by way of barter or exchange any articles from a minor or apprentice knowing or having reasaIn to believe him to be such. No article received or p4rchased by such keeper shall be sold until at least one 0) week from the date of its purchase or receipt has elapsed. E. Such shop shall be closed from the hours of 6:00 p.m. and 7:00 a.m.. and no keeper thereof and no junk collector shall purchase any articles between those hours. f § 1144. Used vehide junk deals. � A Class 3 license shall be required for;used vehicle junk defilers. Seoan�nd IMlloW v�,` (AdoptedI-16-1987 asTOR-80-17) I r' § 114-5. Cortdfions precedent to-issuance of Class 1 and Gass 2 licenses. A Any,person filing fan application for a Class 1 .or Class 2 license or amer►ding an existing licese shall filean accurate plot plan of all the premtm on whichthis license will be exercised. Such plan shall be drawn io, show the *r-th arrow as well as the actual dimensions, radii and all angles of all the premises, showing the specific area to be used for the car lot, displa; areas and all permanent buildings. The plot plan shall also include buffer areas, signs, driveways and all abutters to the property and such Ether information and plans as may be necessary to determine the merits of the application. Such plans must be approved by the BuildiAg Department. B. Every licensee shall provide a suitable place to conduct his business, which shall include a plan �o provide services and storage for not less than one (1) motor vehicil. A storage area shall be exclusive of any office space. Each license shall be required to provide an area of I I 11403 i 4 � A 0 o Tj pswm 6hop. pg*OM„@pWb.CDM als,after the prior ovnhact ex- SPRINGFIELD — 'After prreci nee 30,2012. s C � Tl>e new contend includes a nears a year long debate,tbe. o lit pay r for the Ciiy�oeuu�il oa Monday,ga`►e find year,rebroadzve to Juls►1, -step approval to an ordi•. 2012 to Jnae 30;2013,.amd a 2 name that would establishpm=W pay stronger regulations ,over 201� reh+mplo e ceaA� iG G �cZ wn shops and junk dealers for library emNoy- d 41 on 1 ees ur Local 1506A=hado hand otther goods fmta a libZ� ud aid pOlrce mveshgatt Of spcdaW �egnlary DY ry housebreaks and stolen`mer- �,1B ,to a I&Mry infornra- chandlse. r ii tion M vices MT=Vkw at Both Council President W. grade 11, 8,759. drael Fenton and Under muse, all li- �` 3 lic aomniitteehired after T7io Ashe said.they are Am.1,2020 4�s t the confident the ordkmcej will s residency reclu�rement gsfn final approval -uding amendments. � S ' the 'rih a 'jed t voted to ad a for many years. but the law husk fund that be to has been kagely unenforced, e fundthe cis Bever e!y accordrrrg . r h ldr iu- Fenton-said ia"th rille3' �. mrranCe p:+ ,Ths the pawn brOtzei8 ordinan,oe Lai c3dmatedaIIGVW$1� paas�dlorq d fast amp. Of the 13 �� stoma 8 and the ' to ootm j= a &W.mare 3 d6a�- OV@r the n 25 herd aayhV -no-to the first Yew' h said T'ktothy J.ante, of three steps neWed for i- the cdy's chief administrClve pa�ad. sad Snarrdai C a _ -- Ache said the law gives r�asi- As part of the effort tq rw deant a"ths chance to eve h duce the unfunded liaWq, stolen M m�a,"rather than the id the cotmcil A9onday vote¢ to .aut+�rt IOV hold. Rsgtsizw d- file a home cute biillll av$th the meats for the items ccru�d the as state Legislature, aside �lfers to be Ilded an aomp:rt- °n permission to move its er by the shop owners helps ter 656 state-mandated ;re- bring SprbigWd's system �l- serve fund, totaling S5.8 into the Mat century.he said. in million,to the new trust fund. Councilors Kateri Walsh, n- The city since 1989 has b"a Timothy Rooke and Clodoval. a required to annually fund that do Coaoegc ion were recorded e reserve and to leave it un• voting no,and Councilor Bud 9 touched except for"elmaordi- L.Wiiliams said he also voted r nary and unforeseen no.Some councilors said they expenditure." were concerned the longer Ia addition, the o6u4c:il holding period for ussed.iewel- voted unanimously to approve ry and other goods woufd be a a two-year contrail for Amen- hardship. In addition, Walsh can Federation of State,Coin- said she was conoerrtad about y and Municipal Employees, the privacy of people selling Local 1596A, representing 42 tbeirgoods. ' TOR-2014-3 AN ORDINANCE TO AMEND CHAPTER 114 OF THE AGAWAM TOWN CODE ENTITLED "JUNK AND SECONDHAND DEALERS" Sponsored by (Mayor Richard A Cohen) Whereas, Chapter 114 §§1-4 of the Agawam Municipal Code regulates junk and secondhand dealers; and Whereas, Chapter 114 §§1-4 has not been amended or updated since its adoption on 12-21-1972 as § 9-2 of the Code of the Town of Agawam; and Whereas, on January 30, 2014 it was brought to the attention of the Agawam Chief of Police that there were deficiencies in the current ordinance; and Whereas, there has been significant changes to crime patterns and technologies since 1972; and Whereas, there are a number of improvements.that would significantly enhance the Police Departments ability to recover property of crime victims as well as to successfully prosecute perpetrators of property crimes; and Whereas, it is in the best interest of the Town of Agawam to amend Chapter 114 of the Agawam Municipal Code. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: that Sections 1-4 of Chapter l l4 be deleted from the Agawam Municipal Code and that the following be removed from section 4 Chapter 103 "Junk dealers' license, per year $20.00" ; and that the following be inserted into the Agawam Municipal Code, See Exhibit "A" attached hereto and made a part hereof. Dated this day of , 2014. a 1 �n PER ORDER OF THE AGAWAM CITY COUNCIL , d � l � 1r Christopher C. Johnson, President AP ROVED A O FORM AND LEGALITY Vincent . cia, City Solicitor r Exhibit "A" 114§1 Pawnbroker's licenses; Fee. A. The Police Department may license suitable persons to carry on the business of pawnbrokers in this City, pursuant to the provisions of Chapter 140 of the General Laws. Upon application or license renewal of all persons involved in secondhand dealer or as a pawnbroker shall submit to a CORI check of their criminal history. The Police Commissioner or his designee shall determine the suitability of the applicant and/or employees of the applicant. B. The fee for such license shall be $200. 114§2 Junk and secondhand dealer's licenses. No person, firm, or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license thereof and complying with the terms of this section. The Police Department may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metal or secondhand articles, pursuant to the provisions of Chapter 140 of the General Laws. 114§3 Records of purchases. A. Every keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles and every pawnbroker within the limits of this City shall keep an electronic record in which shall be written, at the time of every purchase or upon the receipt of any article, a description thereof, which shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. The full name (first and last), date of birth, license or state/government ID number and residence of the person from whom, and the day and hour when, such purchase or receipt was made, and such electronic record shall at all times be open to the inspection of officers of the Police Department and of any person authorized to make such inspection. B. The license holder shall photograph any and all jewelry items pawned, sold, pledged, or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photographs shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years Vt rsioi7 =-25-1•1 r C. Every license holder shall allow a representative of the New England State Police Information Network (NESPIN) to enter his shop and install the software necessary on the shopkeepers computing device to allow the shopkeeper to electronically transmit a record of his/her transactions. Before the first hour of every business day, post meridian, every shopkeeper shall transmit a record of his/her transactions from the prior day. The record transmitted must include the information included in section 114§3 (A) and (B) of this ordinance. D. The license holder shall accurately describe all items pawned, sold, or pledged with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year, and inscribed initials if any. Any and all descriptions of items of jewelry shall include the material, size (if applicable), weight, length, shape, and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines, or other collectible of any description shall include any identifying features such as the name of the items, date, denomination, color, size, brand name, vintage or image represented. All items pledged, sold, or pawned with the license holder must remain intact, (i.e. precious stones in jewelry or data on electronic devices) until such time that they may legally change ownership. E. The license holder shall photograph the customer making the transaction with the license holder, along with a photograph of the required customer license or state/government issued ID. The required photographs shall be clear and such quality that the customer and required license or state/government issued ID is clearly identifiable. This information shall be maintained according to 114§3(C). F. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection D. 114§4 Signs on shops. Every keeper of a junk shop or pawnshop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. 114§5 Examination of junk shops. All junk shops, and all articles of merchandise therein, may be at all times examined by officers of the Police Department or by any person by it authorized to make such examination. 114§6 Dealing with minors. VL1's10[1 3-25-14 No keeper of a junk shop, second hand dealer, or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metal or secondhand articles of an individual under the age of eighteen (18), or having reason to believe him to be an individual under the age of eighteen (18). 114§7 Time period for holding articles prior to resale. A. No article purchased or received by the keeper of a pawn shop or second hand dealer shall be sold until at !cast 30 days from the date of its purchase or receipt have elapsed. The article shall be kept in an unaltered condition for the required time period. For the purposes of this section, "unaltered condition" means that the item or article shall be kept in the same condition it was in at the time it was brought into the shop by the seller. B. Dealers in secondhand books, clothing and furniture excepted. Persons who do not buy or sell secondhand articles except books, clothing or furniture shall be exempt from the provisions of Subsection A. 114§8 Hours of operation Pawn shops and second hand dealers shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, old metal or secondhand articles except during such hours. Any shop wishing to open on Saturday must receive written permission from the Police Chief or his designee. All pawn shops and second hand dealers must maintain regular business hours. 114§9 Storage of rags and wastepaper by junkdealers. Rags and wastepaper kept or collected by junk dealers or junk collectors shall not be kept or stored within the limits of the fire district, except in substantial brick or stone buildings. 114§10 Used vehicle junk dealers. A Class 3 license shall be required for used vehicles junk dealers. 114§11 Purchase of certain items prohibited; violations and penalties. A. No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial numbers or identifying marks removed or apparently removed. Ver"lon 3_7;_1.1 B. For the purpose of this section, "identifying mark" includes but is not limited to engravings, initials, or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items. C. Violation of this section shall be grounds for revocation of a license granted under 114§1 or 114§2. D. Violations of any section of Chapter 114§§1-11 may result in a fine of not less than $300, suspension of license, or revocation of license. Version 3 �-,-14 AGAWAM POL� ICE DEPARTMENT ERI'c P. GILLIS Chief of Police 40 1 January 30,2014 , Mayor Richard A Cohen Town of Agawam 36 Main Street IF% Ga . Agawam, MA 01001 Dear Mayor Cohen, >� It has been brought to my attention by Detective Brown that our ordinance that re' s tl® way in which owners of second-hand goods stores a.ka. awn shops) must conduct busin re may or g � P P ) Y!!� Y not be aware, Detective Brown investigates the Significant majority of our property cri�nvekgations. As such, he regularly visits pawn shops in surrounding communities in search of items that Mve been stolen from our residents and then sold to these out of town stores. As a result, he understands how certain ordinances that regulate the manner in which these stores operate, can impact a criminal investigation. With respect to our current ordinance, it is clear, that it has not been updated in well over two decades. There have been significant changes in crime p4tterns and technologies in those intervening years, and our ordinance has not adapted to the new reality of property crime. There are a number of improvements to the ordinance that we would like to see made, as they would significantly enhance our ability to recover the property of crime victims, as well,as prosecute the perpetrators of property crime. The changes that we have in mind would include, but not be limited to, an extended quarantine period for certain items, stringent standards for identifying persons pawning goods and preserving those records for review by law enforcement, and photographs of pertain categories of goods to be maintained by the shop owner after the item is removed from quarantine Qr sold. I would appreciate the opportunity to discuss our concerns and ideas with you and the Law Department, so that we may collectively address the obvious deficiency in our current ordinance. I have included a copy of the current ordinance, as well as a related news article from the city of Springfield, for your further review. I thank you in advance for your time and attention to this matter. Respectfully s i d, ric P. Gillis Chief of Police Cc: City Solicitor—Atty. Vincent Gioscia 681 Springfield St. Feeding Hills,MA 01030 Tel:(413)786,4767 • Fax:(413)786.4821 egillis@agawam.rna.us f i JUNK AND SECONDHAND DEALERS § 114-5 C. Such shop and all articibs of merchandise therein may at all times be examined by the Town jCouncil or by any person authorized by the Council to make such ex6mination. and no keeper of such shop and no junk collector shall directly or indirectly either purchase or receive by way of barter or exchange any articles from a minor or apprentice knowing or having reason to believe him to be such. No article received or p `rchased by such keeper shall be sold until at least one (1) week from t�e date of its purchase or receipt has elapsed. E. Such shop shall be close from the hours of 6:Q0 p.m. and 7:00 a.m., and no keeper thereof and no junk collector shal?�purchase any articles between those hours. I § 114-4. Used vehicle junk dealers, A Class 3 license shall be requ�red for.used vehicle junk dealers. ' CIE Il Seodt>tnd MqW W lrs [AdopWid-0-1;6-1987 as TOR4W-17) § 114-5. Con0ons precedent tolimence of Class 1 and Class 2 licenses. A Any person filing application for a Class 1 ,or Class 2 license or amending an existing lice�se shall file an accurate plot plan of all the premises on whidl this license will be exercised. Such plan shall be drawn m; al the rth arrow as well as the actual dimensions, radii and all"angles of all the premises, showing the specific area to be used for the car lot, dispQ areas and all permanent buildings. The plot plan shall also include buffer areas, signs. driveways and all abutters to the property and such Ether information and plans as may be necessary to determine the merits of the application. Such plans must be approved by the Buildiing Department. B. Every licensee shall provide a suitable place to conduct his business, which shall include a plan to provide services and storage for not less than one (1) motor vehicl�. A storage area shall be exclusive of any office space. Each licensee shall be required to provide an area of I 11403 ! ! i 1 _a) QTj - oms Oa Y (City pzlwn bhop. . Me C, PM Coo= city library system protbasiaa- rd'- GfJi4S POOMMVOTOpub.00m �J�i�e3% 01 e'`- S Gdt1 .tG SPRINGFIELD — "E1fter ooW2012. trnd includes a neat►a yeuu+long debate,the zero psr+oest PaY rai�x fi»r the City COunal as Monday gave yam, rnactive bo July 1. t -&t-step approval to ar3 ord�•. 2012 to Jane 30;2013..cmd a 2 mace that would establish pffroeat Pay rmse rcire /'__,,�lG �����z stronger regulations ,over to 1,2015. cc.� pawn shops and junk dealers ��for libraryemploy- ladlag 4-proposed �Y eea in Local 15SSA had `� ff�,„S hold on second- Oivehy f4om a library pneg� 44 or and other goads des" to gmdaHst at.gar 6 re- aid police nvestrga�ttons of g an aattttal salary of AWO .Ge Cam. housebreak$ and staken'mer- =161,to a li�ry informa- chandise. t 1 tion services mwffVi= at Both Council President h& grade 11, chad Fenton and Under n nw 7 l- �`'�!�3 lacsafety commt� brary employ after Thomas Ashe said.they, are Jan. 1,20 4,armees subject to the confident the ondiaance i will ' s r esrdericy requirement r gain apprnvat the'.Feb. udi�amendments. s The residency 3requarett�t �!� 2c=zon,the has been the subject of debate voted un li to sst!tp a for many srs. but the law t trust fund that� be used tQ has beennunenformd, h fund thek'sse1t@t+ely0clah n8ti!=haaMin- Fenton sato Otb~ �. uuranee Tha the par in brohm ordimance to a � $1� passed llrst slap. Of the 13 s and the dly b zing steps to count lora, *9 a few h d03e ft carer the neW 25 hamt caging 'bo'to the tint years,said Tiiwdw J.Pivots, of three steps needed for '- the ci1}rs chief administretdve pasead. and iiinandal officer. -- Ashe amid the law gives aced- As part of fibs e�art deem a`ft>fr dtasco to r+sprseve h duce the unfunded =, stolen items."rather than the 'd the council S9onday vac"to .ztar�t 10y hold i- file a home rule bill�;the mesfts for the limns state IxgisWwe, k� on perm sel6ers to be lls#ed on - umon to move its er by the shop o men helps . ter 656 state-mandated ;re- bring Spptmgfield'3 sOtem �!• serve fund, totaling $5.8 inia the Not century,he said. in million,to the new trust find. 'Councilors Kateri Walsh, a since l has been do and Cecord l- to annuallyfund t do Qa were rectndEd e reserve and to leave it un_ voft no, and Councilor Bud D touched except for"extmordi- LWilliams said he also voted r nary and unforeseen no.Some councilors said they eupendkture." were concerned the longer In addition, the council holding period for used level- voted unanimously to approve ry and other goods w be a a twayear contract for Ameri- hardship. In addition, Walsh can Federation of State,Cain- said she was concerned about ftg L 1 1585�W Employees, the their oo�ds. of e re r+epreseritirtg g