This article shall be known and cited as the "Pawnbroker, Secondhand
Dealer and Junk Dealer Ordinance."
The purpose of this article is to protect public health, safety
and welfare and to advance legitimate rational regulation of businesses.
In an effort to promote and protect public health and welfare, reduce
and/or eliminate the acceptance and resale of stolen or unauthorized
property and reduce crime, the Township enacts this article to license
and regulate pawnbrokers, secondhand dealers and junk dealers.
This article is adopted pursuant to and in accordance with Act
246, Public Acts of 1945 as amended, and MCLA § 445.401
et seq. and MCLA § 446.201 et seq. as amended.
As used in this article, unless the context requires a different
meaning, the following words and phrases shall have the meaning ascribed
by this section:
Any junk dealer engaged substantially in the business of
purchasing or receiving, wrecking or dismantling, and the sale or
exchange of motor vehicles for the purpose of salvaging parts or materials
therefrom.
Any place where an auto salvage dealer purchases, receives,
wrecks, dismantles, sells, or exchanges used motor vehicles or parts,
or materials salvaged therefrom.
Any vehicle used for the collection, transportation, or handling
of junk or secondhand property, except not including a towing vehicle
used to transport automobiles substantially used other than in transportation
of motor vehicles as part of an auto salvage dealer business.
Any person 18 years of age or older, who renders any services
in connection with the operation of a pawnbroker, secondhand dealer
or junk dealer business and who receives compensation from the business
or patrons thereof.
The propensity on the part of the person to serve the public
in a licensed area in a fair, honest and open manner.
Any item not specifically covered by other definitions contained
in this section.
Any personal property which is or may be salvaged for reuse,
resale, reduction or similar disposition, or which is possessed, transported,
owned, collected, accumulated, dismantled or assorted for any of the
aforesaid purposes. Without limiting the aforesaid definition of "junk,"
terms shall include used or salvaged rope, bags, paper, rags, glass,
rubber, wood pellets and similar articles of property and used motor
vehicles, machinery or parts thereof which are used, owned, or possessed
for the purpose of wrecking or salvaging parts or materials therefrom.
Metals available or used as scrap shall be considered as junk.
Any person whose substantial business is buying, exchanging,
collecting, receiving, storing, accumulating, selling or otherwise
handling junk.
Any place at which a junk dealer buys, exchanges, collects,
receives, stores, accumulates, sells or otherwise handles junk.
Any person who owns or controls a pawnbroker, secondhand
dealer or junk dealer business. This includes individuals, licensees,
managers, lessees, sponsors, partnerships, corporations, societies,
organizations, associations, limited liability companies, or any combination
of individuals of whatever form or character.
Any person 18 years of age or older who does business in
any form with a pawnbroker, secondhand dealer or junk dealer business.
Any person, corporation, member of a limited liability company,
member of a partnership, or firm who loans money on deposit, or pledge
of personal property, or other valuable thing, other than securities,
or, printed evidence of indebtedness, or who deals in the purchasing
of personal property or other valuable things on condition of selling
the same back again at a stipulated price.
Any place where a pawnbroker regularly conducts the business
of being a pawnbroker.
Any junk dealer engaged substantially in the business of
purchasing or receiving scrap iron and metal (except scrap motor vehicles
not purchased from a licensed auto salvage dealer or junk dealer)
and the storing, processing, recycling, and sale or exchange thereof.
Any place where a scrap iron and metal processor or recycler
engages in the business of receiving, storing, processing or recycling
scrap iron or metal.
Any person, corporation, member of a copartnership, or firm,
or limited liability company whose substantial business is that of
purchasing, storing, selling, exchanging, and receiving secondhand
personal property of any kind, or description. Excluded from the procedures
for fingerprinting and recording transactions and inspection records
shall be any business whose primary business is the purchase and resale
of clothing.
Any place at which a secondhand dealer buys, exchanges, collects
receives, stores, or sells secondhand property. Excluded from the
procedures for fingerprinting and recording transactions and inspection
records shall be any business whose primary business is the purchase
and resale of clothing.
Any owner, person, corporation, limited liability company, member
of a copartnership, or firm which is regulated pursuant to state law
and which is required to maintain and report transactions pursuant
to state law on the recommendation of the Chesterfield Township Police
Chief shall be permitted to be exempt from sections of this article
requiring recording and registration of transactions.
