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:
DEALERS IN SECONDHAND GOODS
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.
PAWNBROKERS
Shall include 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
endeavors or 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.
PLEDGE
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.
PLEDGER
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.
POLICE DEPARTMENT
The Township of Muhlenberg Police Department or any successor
entity which provides law enforcement services within the Township.
TARGET GOODS
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.
TOWNSHIP
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.
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.
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.