ORD 08-08ORDINANCE NO. 2008-08
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON PAWN
SHOPS IN THE CITY OF OTSEGO
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Purpose. This interim ordinance is hereby established for the
following reasons:
A. To halt the establishment or approval of any Pawnbroker or Pawn
Shop businesses within the City of Otsego
B. To provide the City of Otsego with a period of time to complete a
previously approved study of Pawnbrokers and Pawn Shops and to
use that study to reevaluate the existing official controls, based on a
previously approved study, related to Pawnbrokers or Pawn Shops in
light of issues that have arisen upon review of the existing Otsego
Zoning Ordinance, and the Otsego City Code.
C. In order to protect the safety, health, and welfare of existing residents,
to ensure proper planning process, ensure proper land use controls,
and to provide adequate time for analysis of zoning and land use
controls related to Pawnbrokers or Pawn Shops.
D. To allow the City time to take the necessary steps to evaluate proper
regulation of Pawnbrokers or Pawn Shops to minimize any potential
detriment to existing businesses, residences and other institutions in
the City of Otsego.
E. To protect the health, safety, and welfare of the citizens and property
owners in the City of Otsego.
Section 2. Definitions. The definitions used herein are adopted for the
limited purpose of this Interim Ordinance:
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(a) Except as provided in paragraph (b) of this section, "Pawnbroker" means
a person engaged in whole or in part in the business of lending money on
the security of pledged goods left in pawn, or in the business of
purchasing tangible personal property to be left in pawn on the condition
that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time.
(b) The following are exempt from the definition of "pawnbroker": any bank
regulated by the state of Minnesota, the comptroller of the currency of the
United States, the Federal Deposit Insurance Corporation, the board of
governors of the Federal Reserve System or any other federal or state
authority and their affiliate; any bank or savings association whose deposits
or accounts are eligible for insurance by the Federal Deposit Insurance
Corporation or any successor to it and all affiliates of those banks and
savings associations; any state or federally chartered credit union; and any
industrial loan and thrift company or regulated lender subject to licensing
and regulation by the department of commerce.
PAWNSHOP: The location at which or the premises in which a pawnbroker
regularly conducts business.
Section 3. Authority. The City Council of the City of Otsego is
empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance,
applicable to all or a part of its jurisdiction, for the purpose of protecting the
planning process and the health, safety, and welfare of its citizens.
Section 4. Temporary Prohibition. For twelve months from the date of
adoption of this Interim Ordinance prohibiting Pawnbrokers or Pawn Shops within
the City, or until such earlier time as the Otsego City Council determines by
resolution that the reasons for the moratorium no longer exist, no application for
any type of proposed Pawnbroker or Pawn Shop or application which will result
in permitting either a principal or accessory Pawnbroker or Pawn Shop in the City
of Otsego not specifically exempted from this interim ordinance shall be accepted
or processed by the City of Otsego.
Section 6. Exceptions. There shall be no exceptions to the provisions of
this interim Ordinance.
Section 7. Misdemeanor. Any person, persons, firm, corporation or other
entity violating any provision of this ordinance shall be guilty of a misdemeanor,
and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02,
plus costs of prosecution.
Section 8. Injunctive Relief. In the event of a violation of this ordinance,
the City of Otsego may institute appropriate actions or proceedings, including
requesting injunctive relief to prevent, restrain, restrain, correct, or abate such
violations.
Section 9. Separability. It is hereby declared that the several provisions
of this ordinance are separable in accordance with the following; if any court of
competent jurisdiction shall adjudge any provision of this interim ordinance to be
invalid, such judgment shall not affect any other provisions of this ordinance not
specifically included in said judgment.
Section 10. Effective Date. This ordinance shall take effect from and
after its passage and publication, and shall remain in effect until twelve (12)
months from the date of passage and publication, unless a shorter period of time
is approved by proper resolution of the City of Otsego City Council.
MOTION BY: Fournier
SECOND BY: Stockamp
ALL IN FAVOR: Darkenwald, Fournier, Heidner, Stockamp, Thorsted
THOSE OPPOSED: None
ADOPTED by the Otsego City Council this 14th day of April, 2008.
CITY OF OTSEGO
ATTES .
Ju ud o , ZoningAdministrator/City Clerk
Published: Star News 04-23-08