The Town Board finds that:
A. The creation of a Town-specific licensing and reporting program for
personal property acquired by pawnbrokers, secondhand dealers and
jewelry and coin exchange dealers will curtail the distribution and
facilitate the recovery of stolen property in the Town of Irondequoit.
B. The establishment of such a licensing and reporting system to monitor
and track the transactions set forth in this chapter is necessary
for the protection of the citizens of the Town of Irondequoit and
is reasonable and appropriate for pawnbrokers, secondhand dealers
and jewelry and coin exchange dealers.
As used in this chapter, the following terms shall have the
meanings indicated:
ANTIQUES
Such items or collectibles recognized as such by established
dealer associations within the industry.
CHIEF OF POLICE
The Town of Irondequoit Chief of Police or his/her designee
or representative.
JEWELRY
Articles composed (in whole or in part) of gold, silver,
or other precious metals, gems or gemstones which, as constructed,
are designed to be worn for personal adornment.
JEWELRY AND COIN EXCHANGE DEALER
Persons or business establishments engaged in the business
of sale, purchase, or exchange of precious metals and/or jewelry for
other objects of precious metal, jewelry, United States currency,
bank drafts, other negotiable instruments as defined in the Uniform
Commercial Code or any other object or thing of value within the Town
of Irondequoit, including the sale, purchase, or exchange of such
goods from the Town of Irondequoit through Internet commerce sites.
PAWNBROKER
Any person or business establishment which holds goods as
collateral on short-term, high-interest loans or a person who qualifies
as a "collateral loan broker" pursuant to § 52 of the New
York General Business Law.
PRECIOUS METALS
Gold, silver, platinum, copper or coins, utensils, or objects
containing one or more of those metals.
SECONDHAND ARTICLE
Any article or object, with the exception of clothing, books,
that has previously been bought or sold at retail and/or which has
been previously used and/or is not in a new condition. This shall
include any "gift card" or other electronic payment device that is
usable at a single merchant or an affiliated group of merchants that
share the same name, mark, or logo, is issued in a specific amount,
and may or may not be increased in value or reloaded, or as otherwise
defined in Article 26, § 396(1), or Article 13, § 1315,
of the New York State General Business Law.
SECONDHAND DEALER
Any person or business establishment who deals in the purchase,
sale, exchange or pledge as security for a sum of money of any secondhand
article within the Town of Irondequoit, including the purchase, sale,
exchange or pledge as security for a sum of money for or of such goods
from the Town of Irondequoit through Internet commerce sites.
Any violation of the provisions of this chapter shall constitute
an offense and shall be punished as follows:
A. Any individual, partnership, corporation or any other legal entity
violating the provisions of this chapter or failing to take reasonable
action to prevent the violation of this chapter shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $200 for the first offense, $1,000 for the second
offense, and $3,000 for each subsequent offense. Each such violation
shall constitute a separate and distinct offense.
B. Any member of the Town of Irondequoit Police Department shall have
the authority, pursuant to New York State Criminal Procedure Law,
to issue an appearance ticket subscribed by him/her directing a designated
person to appear in a designated local criminal court at a designated
future time in connection with the alleged violation of this chapter
or any order made hereunder.
C. In addition to the above-provided penalties and punishment, the Town
of Irondequoit also may maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with the provisions of this chapter or to restrain by injunction any
offense against this chapter.
D. No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address the violation of the chapter,
and each remedy or penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the other remedies
or penalties allowed under other applicable law. This chapter shall
be enforced by the Chief of Police.