[Adopted 8-17-2015 by Ord. No. 296-2015]
This article shall be known and may be cited as the "Mount Joy
Township Secondhand Dealers Ordinance."
The following terms, phrases, words and their derivations shall
have the following meanings; and, when not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular number, words in the singular number include
the plural number, and words of the masculine gender shall include
the feminine. The word "shall" is always mandatory and not merely
discretionary.
ANTIQUE OR SECONDHAND DEALER
Any person who, either wholly or in part, engages in or operates
the trade or business of buying and/or selling used goods such as
antiques, precious stones, metals, jewelry, tools, electrical devices,
coins, fixtures, appliances, household goods, firearms and bric-a-brac.
The foregoing enumeration of articles, goods and property shall not
be deemed to be exclusive or all-inclusive. Exempted are judicial
sales or sales by executors or administrators, sales of unredeemed
pledges by or on behalf of licensed pawnbrokers in the manner prescribed
by law, occasional or auction sales of household goods and other articles
sold from private homes (commonly known as "garage sales") and auctions
of real estate.
BUSINESS
Every kind of vocation, occupation, profession, enterprise,
establishment, and all other kinds of activities and matters, together
with all devices, machines, vehicles and appurtenances used therein,
which are conducted for profit or benefit, directly or indirectly,
on any premises in the Township.
DEALER
Any antique or secondhand dealer, junk dealer or pawnbroker.
JUNK DEALER
Any person who shall carry on the business of buying or selling
and dealing in worn out and discarded material that may be turned
to some use, especially scrap, iron, brass, lead, copper, aluminum
and other metals or alloys or other materials commonly referred to
as "junk."
LICENSE
Such document(s) as the Police Chief shall prescribe by rule
or regulation as evidence that the provisions of this article have
been properly followed.
PAWNBROKER
Any person who:
A.
Engages in the business of lending money on the deposit or pledge
of personal property other than choses in action, securities, or written
evidence of indebtedness; or
B.
Purchases personal property with an express or implied agreement
or understanding to sell it 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.
PERSON
An individual natural person, partnership, joint venture,
society, association, club, trustee, trust, or corporation, or any
officer, agent, employee, factor or any kind of personal representative
of any of the above, in any capacity, acting either for himself or
for any other person, under either personal appointment or pursuant
to law.
PLEDGE
Any article or articles deposited with a pawnbroker as security
for a loan in the course of his business, as defined under "pawnbroker."
PLEDGOR
The person who obtains a loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he is or was acting for another, in which case a "pledgor" means
the disclosed principal.
POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department
or any successor municipal or multimunicipal police department having
jurisdiction within the corporate boundaries of the Township.
PREMISES
All lands, structures, places and also the equipment or appurtenances
connected or used therewith in any business, and also any personal
property which is either affixed to, or is otherwise used in connection
with, any such business conducted on such premises.
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.
All persons subject to this article shall pay an annual license
fee as established by ordinance or resolution of the Board of Supervisors.
The Police Chief may promulgate such rules and regulations as
are necessary for administration and enforcement of this article.
Any such rules and regulations promulgated shall be approved by the
Board of Supervisors and shall be available for public inspection.