This chapter is enacted for the following purposes: to promote
the safety, morals and general welfare of the inhabitants of the Township
of Middletown in their person and property by holding pawnbrokers
accountable for the proper reporting procedures deemed necessary by
the Police Department to assist in recovering the stolen property
of its inhabitants.
In interpreting and applying the provisions of this chapter,
minimum requirements for the promotion of the public safety, comfort,
convenience and general welfare shall be followed. Where the provisions
of this chapter impose greater restrictions than those of any statute,
other ordinance or regulation, the provisions of this chapter shall
be controlling. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, other ordinance or regulation shall be controlling.
This chapter shall be known and may be cited as "The Middletown
Township Pawnbroker's Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated. The singular shall include the plural, and the plural shall
include the singular.
APPLICANT
Any individual, partnership, association, business corporation,
nonprofit corporation, common law trust, joint-stock company or any
group of individuals, however organized, applying for a license under
this chapter and/or any person appearing as owner, partner, officer,
director, trustee or other official of a partnership, association,
business corporation, nonprofit corporation, common law trust, joint-stock
company or any group of individuals, however organized, on such application
for license under this chapter.
PAWNBROKER
Any person, who:
A.
Engages in the business of lending money on the deposit or pledge
of personal property, securities or written evidences of indebtedness;
B.
Purchases personal property with an expressed or implied agreement
or understanding to sell back at a subsequent time at a stipulated
price; or
C.
Lends money upon goods, wares or merchandise pledged, stored
or deposited as collateral security.
PAWNBROKING
The business of a pawnbroker as defined in this chapter.
PAWN TICKET
The card, book, receipt or other record furnished to the
pledger at the time loan is granted, containing the terms of the contract
for a loan.
PERSON
An individual, partnership, association, business corporation,
nonprofit corporation, common law trust, joint-stock company or any
group of individuals, however organized.
PLEDGE
An article or articles deposited with a pawnbroker as security
for a loan in the course of his/her business as defined in the preceding
definition.
PLEDGER
The person who obtains the loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he/she is or was acting for another, in which case a "pledger"
means the disclosed principal.
[Amended 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate, fail, neglect
or refuse to comply with any provision of this chapter, upon conviction
thereof in an action brought before a Magisterial District Judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be subject to
a thirty-day suspension of his/her operating license and/or be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this chapter continues or each
section of this chapter which shall be found to have been violated
shall constitute a separate offense.