[HISTORY: Adopted by the Board of Commissioners of the Township
of Muhlenberg 3-18-2013 by Ord. No. 521 (Ch. 99 of the 1982 Code).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Township
of Muhlenberg Pawnshops and Secondhand Shops Ordinance."
The following terms are hereby defined as indicated for purposes
of interpretation, administration, and enforcement of this chapter:
Includes any person who otherwise in the normal course of
business purchases personal property not from a retail or wholesale
entity or auction for the purposes of reselling the property.
Shall include any person who:
Engages in the business of lending money on the deposit or pledge
of personal property other than choses in action, securities or written
endeavors or indebtedness; or
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares or merchandise pledged, stored
or deposited as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his/her business, as defined in Subsection
C of the definition of "pawnbrokers" in this section.
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 "pledger" means
the disclosed principal.
The Township of Muhlenberg Police Department or any successor
entity which provides law enforcement services within the Township.
Jewelry, cameras and photographic equipment, gold coins or
bars, silver bars, copper tubing, electronics equipment, such as televisions
or VCRs or radios, or computers or computer equipment or microwave
ovens, antiques, currency collectibles, such as coins or stamps, and
any other item of value likely to be the subject of criminal activity,
such as burglary or theft. Hereafter, the Police Department may update
this definition by sending a list of categories of "target goods"
to pawnbrokers and dealers in secondhand goods identifying themselves
as such.
The Township of Muhlenberg, Berks County, Pennsylvania.
Each pawnbroker or dealer in secondhand goods shall keep a book,
legibly written in the English language, in which shall be recorded:
A.
A full and accurate description
of all articles purchased or left in pawn with him/her, including
any serial number thereon.
B.
The date and time of pawning or
purchasing the same.
C.
The date and time when such pawned
or pledged article is to be redeemed.
D.
The amount of money lent or paid
therefor.
E.
The description of the person
or persons, including such person's name, date of birth, address,
driver's license number or social security number, and a physical
description, including sex, approximate age, race, height and any
identifying features.
A.
At the time of any transaction
in target goods, the pawnbroker or dealer in secondhand goods shall
make a record of the name, date of birth, address, driver's license
number or the social security number of the pawner or the seller in
secondhand goods in the transaction. Such information shall be supplied
to the Police Department as part of the report required hereunder.
B.
All pawnbrokers and dealers in
secondhand goods shall make out and deliver to the Chief of Police
or his duly authorized representatives, before 12:00 noon every Monday,
or the next following business day if the Monday is a holiday, a legible
and accurate report of all target goods taken in pawn or purchased
during the preceding business week. Such report shall contain the
name or names of the pawners or sellers and an accurate, detailed
description, together with serial numbers thereon, if any, of all
target goods taken in pawn or purchased, together with the amount
loaned on or paid for such target goods. Target goods, whether taken
in pawn or purchased, shall not be sold, resold or otherwise disposed
of for a period of at least 15 days after pawn or purchase by such
pawnbrokers or dealers, but this requirement shall not apply to the
redemption of a lawfully pledged article by the pledger. Pawnbrokers
and dealers shall permit the Chief of Police or his authorized representatives
to inspect and target goods in their possession at any time during
regular business hours. Failure to timely submit the list shall be
a violation of this chapter.
No pawnbroker or dealer in secondhand goods shall purchase or
take in pawn any goods of any kind from any person under 18 years
of age.
A.
Whoever violates any provision
of this chapter shall be fined not more than $600 and, in default
of payment thereof, shall be imprisoned for not more than 30 days.
Each day or portion thereof on which a violation exists shall be considered
a separate violation of this chapter. Each section of this chapter
which is violated shall be considered a separate violation. Such fines
shall be in addition to any other fine which may be imposed under
the provisions of any other ordinances of the Township, Pennsylvania
law, or federal law.
All other sections, parts and provisions of the Code of the
Township of Muhlenberg shall remain in full force as previously enacted
and amended, except as amended hereby.
In the event any provision, section, sentence, clause or part
of this chapter shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses or parts of this chapter, it being the
intent of the Board of Commissioners that the remaining chapter shall
be and shall remain in full force and effect.
This chapter shall take effect and be in force from and after
its enactment as provided by law.