[HISTORY: Adopted by the City Council of the City of Bradford 6-23-2015 by Ord. No. 3259. Amendments noted where applicable.]
A.
Findings. The City of Bradford Council makes the following findings
regarding the need to regulate pawnbrokers, secondhand dealers, junk
dealers, auto salvage dealers and scrap iron and metal processors
operating within the City:
(1)
Pawnbrokers, secondhand dealers, junk dealers, auto salvage dealers
and scrap iron and metal processors and businesses associated with
those occupations provide an opportunity for persons committing a
crime to conceal that crime and profit from that crime by using those
establishments to receive and transfer stolen property easily and
quickly.
(2)
Because of the propensity of pawnbrokers, secondhand dealers, junk
dealers, auto salvage dealers and scrap iron and metal processors
to attract criminals attempting to conduct transactions involving
stolen goods, those establishments have the potential to be generally
injurious to the maintenance and development of healthy adjacent commercial,
recreational and residential areas.
(3)
Consumer protection regulation is warranted in transactions involving
pawnbrokers, secondhand dealers, junk dealers, auto salvage dealers
and scrap iron and metal processors in light of the potential for
abuse.
(4)
To safeguard the public health, safety and welfare and to help stabilize
costs associated with the regulation of the establishments identified
in this chapter, it is necessary to require licensing and regulation
of those establishments.
B.
Purpose. The City Council enacts this chapter in order to further
the following objectives:
(1)
The prevention of pawnbrokers, secondhand dealers, junk dealers,
auto salvage dealers and scrap iron and metal processors and associated
businesses from being used as facilities for the commission or furtherance
of crimes.
(2)
The identification of criminal activities through timely collection
and sharing of transaction information.
(3)
The promulgation of consumer protection standards.
(4)
To protect property values, prevent blight and protect the public
health, safety and general welfare.
(5)
To recover the City's costs of regulation of the identified establishments.
For the purpose of this chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this section:
Any junk dealer engaged exclusively 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 material therefrom.
The City of Bradford, McKean County, Pennsylvania.
Any vehicles used solely or in part for the collection, transportation,
or handlings of junk, scrap, or secondhand property.
Any item not specifically covered by the 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,"
the term shall include used or salvaged rope, bags, paper, rags, glass,
rubber, wood pallets and similar articles of property and used motor
vehicles or parts thereof which are used, owned or possessed for the
purpose of wrecking or salvaging parts or materials therefrom.
Any person whose principal business is buying, exchanging,
collecting, receiving, storing, accumulating, selling, or otherwise
handling junk.
Any person, corporation, partnership, firm, association or
other establishment or entity required to be licensed pursuant to
this chapter.
Any person who loans money on deposit or pledges of personal
property, or other valuable things, other than securities or printed
evidence of indebtedness, or who deals in the purchasing of personal
property or other valuable things on conditions of selling the same
back again at a stipulated price. Any person who deals in the purchasing
of secondhand personal property or other valuable things with the
intent to resell, recycle, trade, or retain.
Items containing or being of gold, silver, platinum, including
but not limited to jewelry and silver services, but excluding ingots,
bullion or photographic film or any article containing less than 5%
gold, silver, or platinum by weight.
Any junk or scrap metal dealer engaged exclusively in the
business of purchasing or receiving scrap iron and metal (except scrapped
motor vehicles not purchased from a licensed auto salvage dealer or
junk dealer) and the storing, processing, recycling, and sale of exchange
thereof.
Any household furniture, used firearms, used wearing apparel,
used lumber, used bricks, used tile, used plumbing fixtures, used
electrical fixtures, used articles of precious metal, used jewelry,
used electronic equipment, used tools, and any other used articles
or personal property bought and sold by and from other than the original
purchaser or user.
It shall be unlawful for any person, corporation, partnership,
firm, association or other establishment to engage in the business
of pawnbroker, secondhand dealer, junk dealer, auto salvage dealer
or scrap iron and metal processor in the City of Bradford without
first paying a license application fee as set forth in this chapter,
securing a license, and otherwise complying with this chapter.
No person, individual or corporation, partnership, or firm shall
engage in the selling of goods or attempt to engage in the selling
of goods on a parking lot or parking lots or any other property not
owned by the seller without first obtaining the written permission
of the owner, occupant, lessee, agent or trustee of such property
to engage in such activity on the property.
Any person, corporation, partnership, firm, association or other
establishment whose business in whole or in part is that of purchasing,
selling, exchanging, storing, or receiving secondhand articles of
any kind is declared to be a secondhand dealer of junk or junk dealer,
provided that this definition shall not apply to retail merchants
who repossess their own merchandise sold on title retaining contract
or chattel mortgage basis or who accept merchandise as a part payment
on new sales.
A.
Application
for a license required under this chapter shall be made to the City
upon forms prepared by the City and provided to applicants. The applicant
shall state his name, whether a person, firm or corporation, the place
at which such business is to be located or maintained, the number
and description of collector vehicles to be used in the conduct of
business, and the applicant's residence(s) for a period of three years
preceding such application. The application so received by the City
shall be referred to the City Administrator and by him/her to the
Chief of Police and Code Enforcement Officer for the purpose of investigation
of the applicant and inspection of collector vehicles and the premises
to be used in the conduct of such business.
B.
After receipt
of such departments' recommendations, the application shall be submitted
to the City Council, accompanied by evidence that the business premises
have been inspected within the preceding six months and found to be
in compliance with all applicable ordinances and licensing requirements.
The City Council, upon a determination that neither the applicant
nor an officer, partner or owner of a company who may be applying
have not been convicted of any felony and/or listed misdemeanor offenses
related to the person's likelihood to serve the public in a fair,
honest, and open manner and that all requirements of this chapter
have been complied with, shall grant a license to said applicant.
The sole power to grant licenses hereunder is vested with City Council.
Licenses granted by the City Council shall be issued by the City Administrator.
C.
Licenses
shall be issued annually and shall be effective for a calendar year.
Licenses must be renewed each year. The City Administrator, after
consultation with the Chief of Police and Code Official, shall develop
a form for initial application and renewal of a license, requiring
such information as may be necessary to assure compliance with this
chapter.
A.
The fees for licenses issued under this chapter shall be set by resolution
of the fee schedule in accordance with 63 P.S. § 281-30.
This fee is due upon approval of the license. The initial fee shall
be for the remainder of the fiscal year in which the application was
approved. After that, renewal applications and the annual license
fee is due prior to the next calendar year beginning, but no later
than 30 days after the beginning of that calendar year. If an application
for renewal of a license is not received, and any required fee paid,
within 30 days of the beginning of the calendar year license period,
the license shall be deemed to have expired and a new license application
shall be necessary with the appropriate fee for a new licensee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No person or entity that is entirely devoted to charitable or religious
purposes and whose entire income is devoted to charitable and religious
purposes shall be subject to the fees prescribed for a license under
this section. Such fees are hereby waived as to such person, but they
shall apply for and obtain a license as provided in this chapter.
C.
The fees for inspections, if any, required prior to issuance of license
shall be included in the license fees. The fees for inspections requested
or required by a violation of this chapter shall be charged in addition
to those set forth above.
D.
The initial license fee and renewal license fee may be modified from
time to time by resolution of City Council.
E.
No person or entity whose primary function is in the buying and selling
of used clothing shall be subject to any portion of this chapter.
F.
No person or entity whose primary function is in the buying and selling
of automobiles, motorcycles, ATVs or other titled and/or registered
motorized equipment shall be subject to any portion of this chapter
unless that same person or entity has a secondary function as an auto
salvage dealer. If a person or entity has a primary function in the
buying and selling of automobiles, motorcycles, ATVs or other titled
and/or registered motorized equipment and has a secondary function
as an auto salvage dealer, this chapter will only be applicable to
that portion of the person or entity's business that is serving as
an auto salvage dealer.
G.
Any person or entity that, prior to the enactment of this chapter,
is lawfully operating a business that would require licensing under
this chapter shall be exempt from all future licensing and renewal
fees.
A.
No person or entity who has been convicted of a felony or misdemeanor
theft, receiving stolen property, false reports, false swearing, obstruction
of justice, perjury, or any other offense that directly relates to
the occupation herein licensed as provided for in this chapter shall
be deemed to be a suitable person to receive a license pursuant to
this chapter.
B.
Any person, corporation, partnership, firm, association or other
establishment to whom a license has been granted under this chapter
may have his license suspended or revoked by the City at any time
that the City determines that the licensee is not in compliance with
the requirements of this chapter or has been convicted of any violation
of this chapter after a reasonable notice and opportunity to be heard
before City Council.
C.
In case any person, corporation, partnership, firm, association or
other establishment, or any clerk, agent, servant, or employee of
the person, corporation, partnership, firm, association or other establishment
shall be found guilty of violating any section of this chapter in
a court of competent jurisdiction, the license issued to such entity
may be revoked and such entity shall not be permitted to carry on
such business within the City for a period of one year after such
conviction after which time a new application for license shall be
required.
All collector vehicles and premises licensed, used or intended
for use in connection with a license granted under this chapter shall
be inspected before a license is issued or renewed.
A.
In addition to any other requirements of state statutes, every person
licensed under this chapter shall require that the person from whom
goods or a pledge is purchased or pawned give:
B.
Every licensee, except those exempted by operation of Subsection E below, shall, every Tuesday by 5:00 p.m. provide to the Chief of Police or his designee by means of electronic transmission or hand delivery to City Hall a ledger of all transactions in which the licensee received used goods by pawn, trade, purchase, or consignment, since the submission of the last report. (The report should reflect the previous seven days' transactions running from Monday to Monday submitting the report on Tuesday). A transaction reported by electronic transmission under this chapter shall not be required to be reported on paper forms.
C.
All transactions, whether electronic or otherwise, shall require
for reporting purposes, from the person from whom goods or a pledge
is purchased or pawned:
(1)
Name, address, DOB and identification type and number and phone number.
(2)
Date and time of the transaction.
(3)
Complete detailed inventory of items, including any serial numbers.
(4)
Amount of money exchanged for the transaction.
(5)
A photograph that attempts to capture individual characteristics
of each item bought, traded, or pawned, shall be maintained by the
dealer for a period of not less than 24 months.
D.
A licensee required by this section to report transactions shall
be solely responsible for the costs associated with such reporting.
Licensees may, however, charge the customer from whom the reportable
item was purchased or pawned with a transaction registration fee which
is equal to the fee charged of the licensee by the company that maintains
the registration records, unless otherwise prohibited from doing so
by state or federal law.
E.
A licensee need not report transactions when the number of transactions
taking place at a business location in each ninety-day period does
not exceed 10. A pawnbroker, secondhand dealer, or other licensee
reasonably believing a location at which he or she conducts a business
qualifies under this subsection for exemption from reporting and wishing
to be exempt from the requirements to report transactions electronically,
shall sign, under penalties of perjury, a declaration to that effect
in a form developed by the Chief of Police or his designee, and once
the declaration is signed, so long as the volume of transactions does
not exceed 10 each ninety-day period, transactions taking place at
that business need not be reported electronically, but shall be reported
on paper form within three days of the date of transaction.
A.
All used items purchased, traded or taken in pawn shall remain in
possession of the pawnbroker for at least 15 days prior to sale. All
items taken in pawn shall be stored separate and apart from other
items.
B.
Due to the inherent fluctuation of market price for precious metals,
to include gold, silver, and platinum including but not limited to
jewelry and silver services, will retain unaltered, tagged to identify
seller for no less than seven days.
Every licensee under this chapter shall provide access to the
premises where business is conducted or property is stored to any
police officer, the Code Official, Building Inspector or the Fire
Marshal, without warrant, during regular hours of business, or at
any time the licensee or his agent are on the premises.
A.
No licensee under this chapter or employee thereof shall conceal
or misrepresent the identity by removing, concealing, defacing, adding
to, substituting, or altering the serial number or manufacturers number
on any motor vehicle, motor, appliance, mechanical device, watch,
clock, camera, precision instrument, outboard motor, radio, firearm
or any other article or thing where on the manufacturer has placed
numbers for the purpose of identification; by altering or replacing
any part of such article or thing bearing the serial or manufacturer's
number with a new or replaced part upon which the proper serial or
manufacturer's number has not been stamped or placed.
B.
No person licensed under this chapter shall knowingly deal in or
possess any motor vehicle, motor, appliance, mechanical device, watch,
clock, camera, precision instrument, outboard motor, radio, firearm,
or other article or thing from which the serial numbers have been
removed, concealed, defaced, added to, substituted or altered.
C.
In all prosecutions under this section, possession by any dealer,
distributor, wholesaler or person, firm, partnership, or corporation
in the business of buying and selling of any motor vehicle, motor,
appliance, mechanical device, watch, clock, camera, precision instrument,
outboard motor, radio, firearm, or other article or thing with the
manufacturer's number or identification number removed, concealed,
defaced, added to, substituted, or altered, shall be prima facie evidence
of violation of the provisions of this section.
A.
Whenever a law enforcement official from any agency notifies a licensee
not to sell an item, the item must not be sold or removed from the
premises. If the hold was conveyed verbally, the hold shall be confirmed
by the investigating agency within 72 hours either in writing or electronic
transmission. The order to hold an item shall expire 30 days from
the date it is placed unless the holding agency seizes the item as
evidence or determines the hold is still necessary and notifies the
business in writing or electronic transmission to continue the hold
for an additional 30 days.
B.
If an item is identified as stolen, or as evidence in a criminal
case, by any law enforcement agency, the investigating agency may,
but are not limited to:
C.
All holds of any item shall expire in 60 days from the date the hold
was issued, and the business holding the property may dispose of it
as if a hold had never been placed unless the item is necessary, for
evidentiary purposes, for an investigation which has resulted in criminal
charges being brought. In that case, the investigating agency may
continue the hold past 60 days and until the case is resolved. The
investigating agency must notify the business in writing, on official
department letterhead, of the following:
D.
It is the sole responsibility of the investigating officer, and/or
their agency, to notify the business promptly when the case is resolved
and there is no longer a need to hold said item.
No licensee shall sell or purchase by sale, barter, exchange
or otherwise, an article under a license issued pursuant to this chapter
between the hours of 9:00 p.m. and 7:00 a.m. of the following day.
Every person licensed under this chapter shall post in a conspicuous
place in or upon his shop, store, wagon, vehicle, building, or other
place of business, a sign having his name and occupation legibly inscribed
thereon, and shall keep a separate book or electronic record, open
to inspection by members of the City Police Department, or other public
officers, in which shall be written in the English language at the
time of the purchase or exchange of such articles or junk, all information
requested under this chapter and the following:
A.
A description of such articles or junk, including salvaged iron,
aluminum, brass, lead, copper, and other base metal and their compounds
or combinations, the quantity and/or weight of such items; and
B.
The name, description and residence of the person including a government
issued photo identification and the vehicle license plate or a nondriver's
identification number, from whom the same was purchased and received;
and
C.
The day and hour when such purchase or exchange was made.
No licensee shall receive any article from any person who is
at the time visibly intoxicated or from any person whom he has reason
to suspect is not the owner of the property or from any minor under
the age of 18 years without consent of the parents of such minor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of this chapter commits
a summary offense and, upon conviction, shall be sentenced to pay
a fine of not more than $1,000 or to imprisonment for not more than
90 days, or both. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this chapter. Each
provision of this chapter which is violated shall be considered a
separate violation. Such fine shall be in addition to any other fine
which may be imposed under the provisions of any other ordinances
of the City, Pennsylvania law, or federal law.
