A. A copy of every transaction report form filled out and every photograph taken as required by this chapter shall be kept on the premises of the secondhand business during normal business hours for at least one year from the date of purchase. The transaction report form and the photograph shall be subject to inspection by the police chief pursuant to BC 7.10.055.

B. Except as provided by state law, all regulated property purchased by a secondhand dealer and required to be recorded on a transaction report form shall be held by the secondhand dealer for at least 25 days from the date of acquisition. The secondhand dealer shall maintain the property in substantially the same form as when acquired and shall not alter, exchange or commingle the property. During the holding period the regulated property shall be kept on the business premises during normal business hours or at an alternate business location during normal business hours. The police chief must first approve the alternate business location before a secondhand dealer may store regulated property at the business location. A secondhand dealer that stores regulated property at an alternate business location shall transport regulated property to the police chief to be inspected at its sole expense if requested by the police chief. Regulated property held by secondhand dealers shall be subject to inspection by the police chief.

C. All regulated property that has an altered, obstructed or removed serial number, inscription or other identifying mark and that is purchased by a secondhand dealer and is required to be recorded on a transaction report form shall be held by the secondhand dealer for at least 90 days from the date of purchase. The property shall be maintained in the same manner and place as required under subsection B of this section.

D. The police chief may give written notice to a secondhand dealer holding regulated property that the police chief has probable cause to believe a specific item of regulated property is associated with criminal conduct. The secondhand business holding the regulated property shall then continue to hold the property specified in the notice in the same manner and place as required under subsection B of this section until released by the police chief. The police chief may also take physical custody of that regulated property, but in no event shall the police chief’s physical custody exceed the statute of limitations for the crime being investigated. Any seizure of property shall be in accordance with Oregon Revised Statutes.

E. Except as otherwise provided in this section, the holding period for any item of regulated property shall not exceed 180 days from the date of acquisition.

F. If unreasonable hardship will result from holding regulated property as required under this section, the secondhand dealer may request in writing that the police chief shorten the length of the holding period. The request should identify the property to which the request relates and state the reason extreme hardship will result if the holding period is not shortened. The police chief may grant a request to shorten the length of the holding period if the secondhand dealer establishes clear and convincing grounds to believe that undue hardship will occur if the request is not granted. If the police chief decides relief from the holding period is appropriate, the police chief shall provide the secondhand dealer who requested relief with written authorization to sell, transfer or otherwise dispose of the regulated property. The authorization shall be effective only upon delivery of the written authorization to the secondhand dealer. [BC 7.10.050, added by Ordinance No. 3774, 6/24/91; amended by Ordinance No. 4749, 1/8/19]