[Amended 11-20-2012 by Ord. No. 11-2012]
The purpose and intent of this chapter is to assist law enforcement
officials in recovering stolen secondhand goods, precious metals and/or
gems by requiring minimum reporting requirements for jewelry dealers
and/or pawnbrokers.
[Amended 11-20-2012 by Ord. No. 11-2012]
Every merchant within the Township of Logan shall, upon the
purchase of any secondhand goods and/or precious metals from the public,
be required to do as follows:
A. Require photo identification of the person with whom he or she is
transacting business. A copy of the photo identification must be retained
on file with the purchase records.
B. Record on a numbered receipt the name, address and telephone number
of the purchaser; the name, address and telephone number of the seller
or sellers; the time and date of the transaction; the net weight in
terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the
precious metals; fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and
51:6-1 et seq.
C. Supply to the Chief of Police of the Township of Logan, within two days from the date of purchase, on a form approved by the Township of Logan, the information contained in Subsection
B above, plus the following:
(1) A physical description of the seller.
(3) A full description of the item or items purchased, including but
not limited to marks, numbers, dates, sizes, shapes, initials and
monograms.
(4) The price paid for the item.
(5) The form must be signed by the seller and initialed by the clerk
who made the transaction.
D. The secondhand goods and/or precious metals are to be made available
for inspection by the Chief of Police of Logan Township or his or
her designated representative for a period of five days from the date
the information required above is received by the Chief of Police
on the approved form. The secondhand goods and/or precious metals
shall remain in the same condition as when purchased and shall not
be changed, modified, melted or disposed of by the purchaser until
the five-day period has expired. During this five-day period, the
secondhand goods and/or precious metals shall be placed in public
view at the purchaser's place of business. If the property is
such that it would create a hardship on the merchant by holding the
secondhand goods and/or precious metals for such period, the merchant
may present the property to the Chief of Police or his or her representative
in order that it may be photographed and, if deemed necessary by the
Chief of Police or his or her designated representative, an investigation
be implemented. The Chief of Police or his or her designated representative
has the authority to grant the merchant a waiver of the requirement
under this section.
[Amended 11-20-2012 by Ord. No. 11-2012]
This chapter shall not apply to purchases made by jewelers or
other merchants from wholesalers or other suppliers, but shall only
apply to those purchases made from the public or other retail purchases.
The merchant shall keep records of all wholesale purchases for a period
of two years from the date of such purchase, which records shall be
opened to investigation by the Logan Township Police Department. All
records of wholesale purchases or copies of such records shall remain
at the business location within Logan Township for a period of two
years from date of such purchase.
No merchant within the Township of Logan shall purchase any
precious metals from any person under the age of 18 years.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Any person who is convicted
of violating the provisions of this chapter within one year of the
date of a previous violation and who was fined for the previous violation
may be sentenced by the court to an additional fine as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this chapter.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.