HomeMy WebLinkAbout1996-010 Council OrdinancesCITY OF LINO LAKES
Ordinance No. 10 - 96
AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF PAWNBROKERS,
SECONDHAND GOODS DEALERS AND PRECIOUS METAL DEALERS AS DEFINED
HEREIN WITHIN ANY ZONING DISTRICT OF THE CITY OF LINO LAKES.
The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is
amended by adding a chapter to read as follows:
Section 1. Preamble.
WHEREAS, the City Council of the City of Lino Lakes finds that pawnbrokers,
secondhand goods dealers and precious metal dealers potentially provide an
opportunity for the concealment of crimes because such businesses have the ability to
receive and transfer stolen property easily and quickly; and
WHEREAS, the City Council of the City of Lino Lakes finds that proper planning
for the siting of pawnbrokers, secondhand goods dealers and precious metal dealers
within the City is necessary in order to protect the City's planning process and the
health, safety and welfare of the citizens; and
WHEREAS, the City Council of the City of Lino Lakes as authorized by Minn.
Stat. § 462.355, Subd. 4, is conducting studies to consider amendments to the City's
official controls, including the zoning code, which would affect the siting of
pawnbrokers, secondhand goods dealers and precious metal dealers within the City;
and
WHEREAS, the City Council of the City of Lino Lakes finds that an interim
ordinance placing a moratorium on the locating of pawnbrokers, secondhand goods
dealers and precious metal dealers within zoning districts is necessary to protect the
planning process; and
WHEREAS, the City Council of the City of Lino Lakes declares that an
emergency exists and that it is necessary in order to preserve the public peace, health
and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter, that an
emergency interim ordinance placing a moratorium on the Siting of pawnbrokers,
secondhand goods dealers and precious metal dealers should go into effect
immediately upon the passage of this Ordinance, so the City can conclude its studies
and hearings relative to the amendment of the official controls regulating these
activities.
Section 2. Definitions.
(a) Item Containing Precious Metal. An item made in whole or in part of metal and
containing more than one (1 %) percent by weight of silver, gold or platinum.
1
(b) Pawnbroker. A pawnbroker is and means a person who loans money on
deposit of or pledge for personal property or other valuable thing, or who deals
in the purchasing of personal property or other valuable things on condition of
selling the same back again at a stipulated price, or who loans money secured
by chattel mortgage on personal property, taking possession of the property or
any part thereof so mortgaged.
(c) Person. One or more natural persons; a partnership, including a limited
partnership; a corporation, including a foreign, domestic or nonprofit
corporation; a trust; a political subdivision of the state; or any other business
organization.
(d) Precious Metal Dealer. Any person engaging in the business of buying
secondhand items containing precious metal, including but not limited to,
jewelry, watches, eating utensils, candlesticks, and religious and decorative
objects.
(e) Precious Metals. Silver, gold or platinum.
(f) Receive. To purchase, accept for sale on consignment or take in pawn any
secondhand good.
(g) Secondhand Goods Dealer. Is and means a person whose regular business
includes selling or receiving tangible personal property excluding motor
vehicles, furniture, clothing and related accessories previously used, rented,
owned or lease.
Section 3. Public Hearing and Study.
The City Council hereby directs City staff to study the siting of pawnbrokers,
secondhand goods dealers and precious metal dealers as defined in Section 2 above
and to schedule the necessary public hearings, at which time public comment shall be
accepted and received regarding the placement and location of pawnbrokers,
secondhand goods dealers and precious metal dealers within the City.
Section 4. Location and Term.
From the effective date of this Ordinance and until its expiration as provided in
Section 8 herein, no pawnbrokers, secondhand goods dealers or precious metal
dealers shall be located within any zoning district within the City of Lino Lakes.
Section 5. Violation.
The City may enforce any provision of this Ordinance by mandamus, injunction
or any other appropriate civil remedy in any Court of competent jurisdiction.
2
Section 6. Authority.
This Ordinance is adopted pursuant to the authority granted to the City in Minn.
Stat. § 462.355, Subd. 4, entitled "Interim Ordinance" and City Charter Provision
Section 3.06 entitled "Emergency Ordinance."
Section 7. Separability.
Every section, provision or part of this Ordinance or any permit issued pursuant
to this Ordinance is declared separable from every other section, provision, or part
thereof to the extent that if any section, provision or part of this Ordinance or any
permit issued pursuant to this Ordinance shall be held invalid by a Court of competent
jurisdiction, it shall not invalidate any other section, provision or part thereof.
Section 8. Effective Date.
This Ordinance shall become effective and shall be in effect for a period of 365
days from the date hereof.
INTRODUCED AND READ in full this 16th. day of
December
PASSED by the City of Lino Lakes this 16th day of December
, 1996.
• 1996.
Attest:
/ ,A,e `
Marilyn nderson, Clerk
John Landers, Mayor
3