§ 21-41.01. Antique dealers, auctioneers, consignment dealers, junk dealers, pawnshop operators and secondhand dealers; property holds and uncontested releases.

(a)

Whenever any peace officer has probable cause to believe that any property in the possession of an antique dealer, auctioneer, consignment dealer, junk dealer, pawnshop operator or secondhand dealer is stolen property, the peace officer may place a hold on the property for a period not to exceed ninety (90) days. The hold shall be effective immediately upon oral or written notice to such licensee. If oral notice of a hold is given, the peace officer shall also give a written notice of such hold to such licensee within two (2) business days. The written notice shall accurately describe the property subject to a hold, including the article's brand name and serial number. During the hold period, the licensee shall not sell, exchange, alter or dispose of the property except pursuant to a court order, an order from an administrative hearing officer or written authorization from a peace officer. Upon receipt of the written notice of hold, the licensee shall tag and mark the property placed on hold with the date and time of the hold, the name of the law enforcement agency placing the hold and the law enforcement report number. No interest upon held property which has been pawned or pledged shall accrue from the time that a hold is placed on such property until the time that the hold is released or all claimants' rights to possession of such property are determined.

(b)

Whenever property that is in possession of an antique dealer, auctioneer, consignment dealer, junk dealer, pawnshop operator or secondhand dealer is subject to a hold and such property is requested by the law enforcement agency placing the hold for use in criminal proceedings, such licensee shall, upon reasonable notice, deliver such property to a peace officer working for such agency. The peace officer to whom the property is delivered shall provide a written receipt for the property, which shall include an accurate description of the property, the brand name and serial number for the property, the reason for the seizure, the name of the licensee from whom the property is received and the name of the peace officer receiving the property.

(c)

Whenever the law enforcement agency which placed a hold on property no longer requires the hold for criminal proceedings and such agency has no actual knowledge that a person other than the licensee claims the right to possession of the property, the agency shall provide the licensee with a written release of the hold. Every property hold shall automatically terminate ninety (90) days after it is placed if the law enforcement agency which placed the hold has not given the licensee a written release of the hold by the end of such ninety-day period.

(Ord. No. 1919, § 1, 12-10-96)