Chapter 5.52
LOCKSMITHS
Sections:
5.52.010 Definitions.
5.52.020 License required.
5.52.025 License application--Records check--Grounds for denial or revocation.
5.52.030 Bond required.
5.52.040 License fees.
5.52.050 Identification card requirements.
5.52.070 Exemptions.
5.52.080 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.52.010 - Definitions
The following terms, for the purposes of this chapter, shall have the following meanings:
A. "Locksmith" means any person who, for hire, is engaged in the installation, removal, adjustment or repair of any locking or security device or any type used for doors, safes, windows or other similar purpose, and performs such service on the customer’s premises.
B. "Locksmith business" means any person, firm or corporation who holds himself/herself or itself out as a business providing the services of a locksmith.
(Ord. 5261 §1, 1992; Ord. 4466 §§2, 3, 1983; Ord. 3728 §2, 1972).
5.52.020 - License required
It is unlawful for any person, firm or corporation to act as a locksmith or to engage in business as a locksmith business in the city without first obtaining a license pursuant to the provisions of this chapter.
(Ord. 5261 §2, 1992; Ord. 4466 §4, 1983; Ord. 3728 §1, 1972).
5.52.025 - License application –Records check –Grounds for denial or revocation
A. All applications for any license under this chapter shall be received by the city clerk and referred to the chief of police for a records check. The city clerk shall deny the application if the police chief reports that the applicant has been convicted of any of the following offenses and has completed any sentence therefor within ten years preceding the date of application:
1. Theft or larceny;
2. Receiving stolen property;
3. Burglary;
4. Forgery;
5. Crime involving use of force or use of a weapon;
6. Any other crimes involving the misuse or misappropriation of property.
B. Any license issued by the city clerk pursuant to this chapter may be revoked or suspended by the city clerk, after a hearing, upon the licensee being convicted of any of the offenses as set out in subsection A of this section.
(Ord. 4466 §1, 1983).
5.52.030 - Bond required
The applicant for a license under this chapter shall file with his or her application a surety bond in the sum of three thousand dollars running to the city, in form and with surety approved by the city attorney, conditioned upon the faithful and honest conduct of such business by the applicant, and compliance with the requirements of this chapter.
(Ord. 4466 §5, 1983; Ord. 3728 §4, 1972).
5.52.040 - License fees
The license fees for locksmiths and locksmith businesses shall be and are fixed in the amounts shown in the following schedule, and shall be payable annually in advance.
A. Locksmith, thirty dollars per year;
B. Locksmith business, one hundred dollars per year.
In addition to the above, an additional twenty-five dollars shall be assessed for any new license issued under this chapter for the initial first year thereof. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(Ord. 5261 §3, 1992; Ord. 4753 §6, 1987; Ord. 4594 §1, 1985; Ord. 4466 §6, 1983; Ord. 3728 §7, 1972).
5.52.050 - Identification card requirements
Every locksmith and employee of a locksmith business shall at all times have in his/her possession an identification card in form approved by the chief of police, and such card shall have thereon, in addition to such other information and data as may be required by the chief of police, the licensee’s photograph, thumb print and signature. Upon the revocation, suspension or expiration of any such license, such identification card shall be surrendered to the chief of police.
(Ord. 5261 §4, 1992; Ord. 4466 §7, 1983; Ord. 3728 §5, 1972).
5.52.070 - Exemptions
The provisions of this chapter shall not apply to any officer or employee of any department or agency of the United States or of any state, county, city or other municipal corporation while engaged in the performance of his official duties.
(Ord. 5261 §6, 1992; Ord. 3728 §6, 1972).
5.52.080 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §14, 2001).