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HomeMy WebLinkAboutO-1201 - Repeals and adds Ch. 5.16, auctions (Repealed by 1389)...~" -', ".J". CIT Y .a F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.J,2()/ AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING CHAPTER 5.16 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO AUCTIONS AND AUCTIONEERS THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1 Repealer.Chapter 5.16 of the Marysville Municipal Code,entitled "Auctioneers"is hereby repealed.A new Chapter 5.16 of the Marysville Municipal Code entitled "Auctions"is hereby enacted, said chapter including the following sections of this Ordinance. Section 2 Definition of Auction."Auction"means the sale of real or personal property or merchandise of any description,whether new or used,at either private or public sale,upon oral or written bids,to the highest bidder,and shall include all such sales although denominated as "action"sales or by any similar words.An auction shall not include judicial sales or government sales,or sales by any executor,administrator,guardian,receiver or trustee in bank- ruptcy.so authorized by any court of competent jurisdiction.Fur- thermore,an auction shall not apply to sales by pawnbrokers or second- hand dealers which are regulated in Chapter 5.64 of the Marysville Municipal Code. Section 3 License Required.It shall be unlawful to sell, offer for sale or attempt to sell at auction any real or personal property or merchandise of any description whatsoever unless a license has been obtained from the City Clerk as hereinafter pro- vided. Section 4 A lication for License.Applications for auction licenses,an renewals t ereo',s all be filed on forms pr~scribed and furnished by the City Clerk.The application shall contain cur- rent information relating to the name and address of the business, the names and residence addresses of the owners and employees thereof, and the felony records of any said owners or employees.The City Clerk shall review the applications and shall issue the licenses upon rec~ipt ·of the required fees,and approval by the City Police Chief and City Compliance Officer. ORDINANCE - 1 ,"." "r',," Section 5 License Fee.The license fee for an auction license shall be $50.00 per year or $20.00 per auction.Said licenses shall be renewed and the annual fees paid on or before January 31st of each year.Payment shall be made to the City Clerk of the City of Marys- ville. Section 6 License in Addition to Any Other.An auction license shall be in addition to any similar license required by the State of Washington or Snohomish County,and a business license required by the City of Marysville. Section 7 Records.Acutioneers are hereby required in all cases where property is offered them to be sold at auction,and when there is doubt or uncertainty on the part of the auctioneer as to the rightful ownership of such property,to keep in a book provided for the same,a record or inventory of the property so offered for sale, together with any marks or brands found on such property;a record of the person or persons offering such property for sale;and a record of the person or persons purchasing such property.All such records shall be open to inspection by the Chief of Police or his designee during ordinary hours of business. Section 8 Merchandise tb be Truly Represented.At all auctions the applicant,and his employees and agents,shall represent to the public the true manufacture,'quality and kind of said articles.No article shall be sold "at an auction;which has been falsely described, or concerning which any false statem~nt has been made by the applicant or his employees O~agents. Section 9 Applicants Respo~~ibility.to Comply with Chapter. The applicant shall be responsible for compliance with this chapter whether he is present at.or absent from the auction sale. •-"•~...~.'L'.~..? Section 10 Penalty.Any violation,of this chapter is punishable, upon conviction,by a.~ine not exceeding $500.00,or by imprisonment in jail for not more than 'six months,or both such fine and imprison- ment.Each day in which a violation continues shall constitute a separate offense.Furth~r,any violation of this chapter shall be cause for revocation of the au~tion license by action of the City Council.' ORDINANCE - 2 ·:~~./,.~. -..'"J'............ PASSED by'the City Council and APPROVED by the Mayor this 1~!4 day of ~P+e""lJer 1981'I CITY OF MARYSVILLE t4~'tAYOR Attest: /CITY CLERK Approved as to Form: ORDINANCE - 3 . ;' '-,'- No._ said newspaper once each week for a period of __Q!.l_~__con- P A"SS.S 1:).13·-.,q "!Ii--C it)/.,~~and AP-PR~~~.I~·-'tiie.·M'ary.lJr·~toh~h day of Sep ,981. CITY OF MARYSVILLE s/Darryl Brennick,Mayor Attest:Phillip E.Dexter City Clerk . Approved as to Form: ~/James,~,.~U"d~.',r ':"B'-City Atto~e,y•." .;';.- PubIi srt.l1:'('Se:iii;te"".1~6 i~'~:':: .section-to APP.li'~-ReSPOO$'ibiiity tocomp'Yi~jF;·:~"~'~~'.-~it!tl·'6a~t sha.1I be resP;~'il~.e,,fer·&:e·,p"-ance~wlth rnrs chapter whether he is present at or absent from the auction sale. Section 11'Penalty.Any violation of this, chapter is punishable,upon conviction,by a fine not exceeding $500.00,or by lrn- prtsonment in jail for not more than six months,or by both such fine and imprison- ment.Each day in which a violation con- tinues shau constitute a separate offense. Further,any violation of this chapter shall be cause fO~l'~~.·uction license by acl:-roA·'b'.~1. secutive weeks,commencing on the __l..6.tb.day of .se.p.t .._, 19__~~,and ending on the ~~_~~day of ~~J~~_.__,19_~~_, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum~Of$3P_!.?.9 ,which amount has been paid in full ..E.00 ~ -----------~----~------------- Subscribed a~1 s om to before me this __d:-_Q_t::-:_ day of __~~_,19~.~/.._-----_._.(;?~~--__-~~~_. Notary Public in and for the State of Washington, Residing at Marysville, _____Or-.d.1n.@n..C_EL~2Q~--as it was published in regular issues (and not in supplement form)of on oath deposes and says that he is the ,-.s~e_taI'J'-_._ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a STATE OF WASHINGTON, County of Snohomish, ss. AFFIDAVIT OF PUBLICATION '0RI&JINlA1f,j;~.11iO.l""--~--~1,JF.~.0'f1?'i\;{~;1fi ;~Hi~ :Marysville,Washington . An Ordinance of the City of Marysville amending Chapter 5.16 of the Marysville Municipal Code relating to auctions and auctioneers .. The City Council of the City of Marysville,Washington do ordain as . .foHl»v.ts.:,_._ _,~,- _. . - . - -' ,,Section 1-Repealer.chapter 5.16 of the Marysville Munitipal Code,entitled "Auctioneers"is hereby repealed.A new ,Chapter 5.16 of the Marysville Municipal Code entitled "Auctions"is hereby enacted,said chapter including the follow- ingsettions of this Ordinance." . Section 2 Definition .of Auction. "Auction"means Ithe sale of real or per- sonal property or merchandise of any descrlptton,whether new or used,at euner private or public sale,upon oral or written bids,to the highest bidder,and shall in- clude'all such sales although denominated as "action"sales or by any similar words. An auction shall not include judicial sales or.government sales,or sales by any ex- ecutor,administrator,guardi'an,receiver. or trustee 'in bankruptCy so authorized by any court of competent jurisdiction.Fur- thermore,an auction shall not apply to sales by pawnbrokers or second-nand dealers which are regulated in Chapter 5.64 of the Marysville Municipal Code. Section 3 License Required.It shall be unlawful to sell,offer for sale or attempt to sell at auction any real or personal proper- ty or merchandise of any description what- soever unless a license has been obtained from the City Cler.k a~hereinafter provid- ed. Section 4 Application for License.Ap- plications'for'auction licenses,and renewals'thereof,shall be filed on forms prescrlb,ed and furnished by the City Clerk.The application shall contain cur- rent information relating to the name an address of the business,the names and residence addresses of the owners and employees thereo,f,and the felony records of any said owners or employees.The City Clerk shall review the applications and shall issue the.licenses upon receipt of the, required fees, and approval by the City Police Chief and City Compliance Officer. Section 5 License Fee. The license fee for an auction license shall be $50.00 per year or $20 per auction.Said licenses shall be renewed and the annual fees paid on or- before January 31st of each year.Payment shall be made to the City 'Clerk of the City of Marysville. 'Section 6 License in Addition to Any Other.An auction license shall .be in addi- tion to any stmtlar license required by the State of Washingtondr snohomish County,- and a business license required by the City of Marysville. Section 7 Records.Auctioneers are hereby required in all cases where proper- ty is offered them to be sold at auction,and when there is doubt or uncertainty on the part of the auctioneer as to the rightful ownership of such property,to keep -ln a, book provided for the same,a record or in- ventory ofthe pr~'pertysooffer~or:.~ale, togeth~C.)Nlth.ar.loY'm'a4ik'Ve"Iilr-AaS~f;el:lliltionsuohOP-"...-'~~6r pers.:'..~I~; and a tEi"eor,at I'!1iI.~....@:i:ft- chasing such property,All such records shall be open to inspection by the Chief of Pel ice or his designee during ordinary hours of business, Section 8 Merchandise to be Truly Represented.At all auctions the applicaf1t, and his employees and agents,shall repre- sent to the public the true manufacture, quality and kind of said articles.No article shall be sold at an auction which has been falsely descripec:i~,.orconc.,:rnlng Yihich anyfa.f1:S~'.$lf1i,t";r.t'le:r;lJt'~~..!.t~~!!!I."~.¥~t~e a p-p.lka~~~~~':"