It shall be an affirmative defense to any prosecution or administrative
proceeding brought for the violation of any section of this chapter
pertaining to the retention of articles obtained in the course of
business operations, that, in the case of precious metals, retention
for the time period required would have resulted in serious and substantial
economic losses to the dealer, or the probability of such losses was
significant due to rapid and highly fluctuating market conditions,
provided the persons so charged shall prove the existence of the market
conditions giving rise to the aforesaid defense by a preponderance
of the evidence. Market conditions, in order to be a defense hereunder,
must be such that financial analysts would characterize trading as
at or approaching a level or occurrence in an atmosphere of panic
so as to clearly distinguish trading conditions from normal variations
in market movement in response to economic news or other events.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys’ fees, incurred by the Township in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
This chapter shall not apply to farmers selling farm produce,
the sale of goods for school activities, or the sale of goods for
legitimate fund-raisers.