Sean C. Morgan
The Sweet Home City Council is considering an ordinance that will require second-hand
dealers to obtain a license and report purchases to police.
“Second-dealers by their very nature often deal in stolen goods,” Police Chief Bob Burford said. “Right now, the only way that we find out about stolen property at a business is if a victim recognizes their property in the store and gives us a call.”
The ordinance will protect not only the victims of theft but also the second-hand stores when they unwittingly deal in stolen goods, Chief Burford said. Under the ordinance, the store would require photo identification and information about items it purchases second hand for resale.
Second-hand dealers include persons who buy, sell or otherwise deal in second-hand goods. Exceptions include persons who received second-hand goods solely by donation; car dealers; those who trade second-hand merchandise for new merchandise; those selling antiques, used clothing, used furniture, used appliances, collectibles or used books; persons who hold garage sales six or less days a year; pawnbrokers as defined by Oregon law; and persons who purchase for resale second-hand goods from estate sales.
The ordinance would require second-hand dealers to report the date of the transaction, serial numbers, the name and address of seller and an identifying description. The records must be held for at least two years, and every second-hand dealer must deliver a report of items purchased to police within 72 hours.
Attorney Richard Wehmeyer appeared before the council representing The Money Man owner and operator Josh Burks.
“I agree with the police chief here,” Wehmeyer said. “Your city needs an ordinance not only to protect citizens and help catch crooks but to protect the businesses. Mr. Burks has, from day one, kept these records.”
He also helps police when they investigate reports of stolen items, Wehmeyer said. “I believe this ordinance is like using a tank to kill a fly.”
Wehmeyer outlined four issues his client has with the ordinance.
“Mr. Burks has been in business for two years in this town and should be treated as other businesses in town,” Wehmeyer said. “That he should report daily to the police chief, I believe, is onerous.”
He offered the council ordinances from two or three other jurisdictions, including Linn County and Springfield.
Those examples show less onerous ways of keeping records, Wehmeyer said. Springfield, for example, has a simple ordinance that requires dealers to maintain records that are available for police inspection.
It also excludes people who sell antiques and certain other items, Wehmeyer said, yet when family heirlooms and jewelry are stolen those are the kinds of places where thieves sell the goods.
Wehmeyer also contested the eligibility requirements for a license, which prevent those who have convictions for theft, fraud or deception from operating second-hand dealerships.
Under the ordinance, a person who stole a pack of chewing gum at the age of 18 from Safeway would be denied a license.
“If someone, like Mr. Burks, wants to invest his money… he should not be precluded from doing that because of something he’s done in his past if he’s paid his price,” Wehmeyer said.
The final issue was one of due process, Wehmeyer said. He said the police chief should not be able to suspend a license without providing a hearing first.
The requirement for records to be reported to police is common, Chief Burford said. Stores can do it in a variety of ways from carbon copies of transaction forms to email.
About who should be eligible, Chief Burford said, “it’s one of the few businesses where for the most part good honest people,” by the nature of it, may be engaged in criminal activity.
Bankers, bakers and candlestick makers do not have deal with the possibility their products were stolen, Chief Burford said.
Antique stores are not included because, for the most part, around Sweet Home, antiques and collectibles are not what are stolen and sold second hand, Chief Burford said.
“There are several second-hand dealers in town,” Chief Burford said. “I would guess that this ordinance would affect only two, maybe three, of them. The majority of those purchase mainly from estate sales and then resell antiques and collectibles and as a rule will not buy from the person walking in the door.
“The ordinance is aimed at trying to return stolen property to the property owners and identify and apprehend suspects responsible for the theft. The vast majority of other cities and towns have similar ordinances, and for the most part there is a courteous working relationship between the dealers and the local police. That’s what I hope to establish here….
“We have recovered several stolen items from The Money Man so far in 2003 (through victims reporting their property there. I’m only aware of one other second-hand business where have discovered stolen property, and that was a single event.”
There have been reports of items as well where there was no way to prove the reportedly stolen item belonged to the person reporting the crime, Chief Burford said. A reporting system may help make those connections as well.
The ordinance will be read for a second time on Sept. 23 and considered for approval by the council in October.
Present at the meeting were councilmen Craig Fentiman, Dick Hill, Jessica Coward and Mayor Tim McQueary.
In other business, the council:
– Held the second reading of five ordinances pertaining to the city’s new Comprehensive Plan and zoning.
– Approved a franchise agreement with Sweet Home Sanitation for its transfer station on 18th Avenue.
– Approved liens to be placed against properties where the city had to cut tall grass and weeds.
– Approved the sewer replacement demonstration project to Gelco Construction of Salem for $1,347,626.
– Approved a street overlay project for Vista and Surry lanes, awarding a bid to Morse Bros., Inc., for $17,746.