[HISTORY: Adopted by the Borough Council of the Borough of
Heidelberg 9-20-2011 by Ord. No.
596. Amendments noted where applicable.]
A.
Findings. The Borough Council makes the following findings regarding
the need to regulate pawnbrokers, secondhand dealers, junk dealers,
auto salvage dealers and scrap iron and metal processors and precious
metal dealers operating within the Borough:
(1)
Pawnbrokers, secondhand dealers, junk dealers, auto salvage dealers,
precious metal 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 and untitled 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,
precious metal 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 Borough Council enacts this chapter in order to further
the following objectives:
(1)
The prevention of pawnbrokers, secondhand dealers, junk dealer, auto
salvage dealers, precious metal 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 Borough's costs of regulation of the identified
establishments.
For the purpose of this Ordinance, 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 there
from.
The Borough of Heidelberg, Allegheny County, Pennsylvania.
Any vehicles used for the collection, transportation, or
handlings of junk 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, copper wire, copper pipe, bronze items, aluminum
items 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 there from.
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 Ordinance.
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, corporation, partnership, firm, association or
other establishment or entity buying or selling or otherwise dealing
in the purchase or sale of precious metals or jewelry containing any
precious metal, diamonds or jewels of any kind.
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 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 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 Borough of Heidelberg without
first paying a license application fee as set forth in this ordinance,
securing a license, and otherwise complying with this Ordinance.
No person, individual or corporation, partnership, 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. (Property owner must notify
Borough of name, address, etc., of person authorized to sell from
parking lot.)
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 Ordinance shall be
made to the Borough upon forms prepared by the Borough 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 Borough shall be referred to the Borough Manager
and by him to the Chief of Police and Code Official, 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 Borough 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 Borough 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
misdemeanor offense related to the person's likelihood to serve
the public in a fair, honest, and open manner and that all requirements
of this Ordinance have been complied with, shall grant a license to
said applicant. The sole power to grant licenses hereunder is vested
with Borough Council. Licenses granted by the Borough Council shall
be issued by the Borough Manager after review and recommendation of
the Chief of Police of the Borough of Heidelberg.
C.
Licenses shall be issued annually and shall be effective for a calendar
year. Licenses must be renewed each year. The Borough Manager, 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
Ordinance.
A.
The fees for licenses issued under this Ordinance shall be set annually
by resolution for the initial license and for an annual renewal. 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.
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 Ordinance.
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 Ordinance 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 Borough Council.
A.
No person or entity who has been convicted of a felony or misdemeanor
that directly relates to the occupation herein licensed as provided
for in this Ordinance shall be deemed to be a suitable person to receive
a license pursuant to this Ordinance.
B.
Any person, corporation, partnership, firm, association or other
establishment to whom a license has been granted under this Ordinance
may have his license suspended or revoked by the Borough at any time
that the Borough determines that the licensee is not in compliance
with the requirements of this Ordinance or has been convicted of any
violation of this Ordinance after a reasonable notice and opportunity
to be heard before Borough 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 Ordinance in
a court of competent jurisdiction, the license issued to such entity
shall be revoked and such entity shall not be permitted to carry on
such business within the Borough 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 Ordinance
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 Ordinance shall require that the person from whom
goods or a pledge is purchased or pawned give:
(1)
His full and complete name.
(2)
His full and complete address.
(3)
Place of employment, if any.
(4)
Provide a driver's license, military ID or other state- or government-issued
and approved photo ID. If an approved photo ID is not provided, the
seller shall provide or the buyer shall take and maintain a colored
photograph of the seller along with a full thumbprint of the seller
impressed on a form and in a manner established and approved by the
Chief of Police.
(5)
Any state-issued photo identification card, a photocopy of which
will be retained by the licensee.
(6)
A signed sales sale/purchase slip containing the name and address
of the seller that contains the statement that the seller is the legal
owner of the goods.
B.
Every licensee, except those exempted by operation of Subsection E below, shall, within 24 hours of a transaction requiring make available for inspection reporting, and if required transmit to the Chief of Police by means of electronic transmission all transactions in which the licensee received used goods by pawn, trade, purchase, or consignment. A transaction reported by electronic transmission under this Ordinance 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 and all information gathered in § 47-10A(1) through
(6) of this Ordinance.
(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 digital image of each item bought, traded, or pawned, each item
being a separate image.
D.
A licensee required by this section to electronically 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 electronically 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 electronic
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.
All items taken in pawn shall have remained in possession of
the pawnbroker for at least 30 days prior to sale. All items taken
in pawn shall be stored separate and apart from other items not less
than three days.
Every licensee under this Ordinance 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 Ordinance 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, shotgun
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 Ordinance shall knowingly deal in or
possess any motor vehicle, motor, appliance, mechanical device, watch,
clock, camera, precision instrument, outboard motor, radio, 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, 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:
(1)
Seize the item and retain it as evidence; and/or
(2)
Place the item on hold and extend the hold as provided in this section;
and/or
(3)
Photograph, videotape, or otherwise electronically capture the item;
and/or
(4)
Order the item released to the proper owner, after the owner has
paid the cost of the item paid by the business.
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 Ordinance
between the hours of 9:00 p.m. and 7:00 a.m. of the following day.
In addition, no licensee shall sell or purchase by sale, barter, exchange
or otherwise, any junk between the hours of 6:00 p.m. and 7:00 a.m.
the following day.
Every person licensed under this Ordinance 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 Borough police department, Allegheny
County Sheriff's office, 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 Ordinance 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 the driver's
license number and the vehicle license plate or a non-driver's
identification number, from whom the same was purchased and received;
and
C.
The day and hour when such purchase or exchange was made.
A.
Articles or junk purchased or exchanged by a licensee shall be retained
by the licensee thereof for not less than 15 days before disposing
of them, in an accessible place in the building or other suitable
location, where such articles or junk are purchased and received.
A tag shall be attached to such articles or junk in some visible and
conspicuous place with a number written thereon to correspond with
the entry number in such book or electronic record. For items not
reported electronically, such licensees shall prepare and deliver
on Monday of each week to the Chief of Police before 12:00 noon a
legible and correct copy, written in the English language, from such
book, containing a description of each article or junk, including
salvage iron, aluminum, brass, lead, copper, and other base metal
and their compounds or combinations, the quantity and/or weight of
such items, purchased or received during the previous week, the hour
and day when the purchase was made, and the description of the person
from whom it was purchased. Such statement shall be verified by the
affidavit of the person subscribing his name thereto, provided that
this section shall not apply to old rags or waste paper, provided
further that the fifteen-day retention requirement shall not apply
to licensed scrap iron and metal processors.
B.
Any person who engages in the business of buying, exchanging, collecting,
receiving, storing, or selling any used motor vehicle(s) for the purpose
of wrecking or salvaging parts therefrom shall report each such transaction
to the Borough Police Department within five business days (excluding
Saturday and Sunday) from the date of the transaction. Such report
shall contain, as to each transaction, a description of each such
motor vehicle acquired, including its vehicle identification number,
the hour and day when the purchase was made and a description of the
person from whom it was acquired. Such report shall be made on forms
approved by the Borough police department and shall be made under
oath. The used motor vehicles shall be retained in the same physical
state in which they were at the time of acquisition for a period of
five business days (excluding Saturday and Sunday) after the time
the report is received by the Borough before being disposed of or
altered in any fashion.
No licensee shall receive any article from any person who is
at the time visibly intoxicated or from 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 written consent of the parents
of such minor who shall act as the seller and be responsible as the
seller.
Any person who shall violate any portion of this Ordinance shall,
upon conviction, pay a fine of not less than $500 nor more than $1,000
per occurrence or imprisonment for not more than 30 days or both.
Each day or portion thereof in which a violation exists shall be considered
a separate violation of this Ordinance. Each provision of this Ordinance
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 Borough, Pennsylvania
law, or federal law.
Any ordinance or part of any ordinance conflicting with the
provisions of this Ordinance are hereby repealed to the extent of
such conflict.
If any provision of this Ordinance shall be determined to be
unlawful, invalid, void or unenforceable, then that provision shall
be considered severable from the remaining provisions which shall
continue in full force and effect.
This Ordinance shall be in full force and effect 30 days after
its final passage.
