[Ord. No. 2015-220, 2/23/2015]
As used in this Part, the following terms shall have the meanings
indicated:
A person, association, corporation or partnership, or other
entity, who primarily engages in or operates the business of buying,
for the purpose of reselling, any used goods or articles.
A person, association, corporation or partnership, or other
entity, who primarily engages in or operates the business of buying,
acquiring and/or selling scrap metal.
[Ord. No. 2015-220, 2/23/2015]
[Ord. No. 2015-220, 2/23/2015]
1.
All said businesses shall conduct their business in conformity with
the following procedure:
A.
The owner of such business shall keep a log in which shall be legibly
written in the English language the name of the person, his/her address,
date of birth, a valid driver's license, valid state identification
card, valid passport or a valid military identification. The owner
of such business shall have a description of the article purchased
(which will include any serial number and/or service tag number),
a photograph of the article purchased, the date and time purchased,
the amount of money paid therefor and the signature of the seller.
The log shall be available for review by any law enforcement officer
and/or Township Zoning Officer/Codes Enforcement Officer.
B.
All owners of such businesses shall fill out at the time of transaction
a receipt of purchase containing the seller's name and address,
a description of the article purchased, and the date purchased. A
copy of receipts for all transactions during a given week shall be
provided to the Cambria Township Police Department at the end of each
week, in a manner prescribed by the Police Department. The dealer
will maintain a copy of the original receipt at the business for a
minimum of one year. (These receipts must be available for inspection
by any law enforcement personnel or Township Zoning Officer/Codes
Enforcement Officer upon request.)
C.
All goods purchased by such businesses must be retained in the possession
of the business for 30 days and must remain in the County of Cambria
during the waiting period.
D.
No such business shall purchase any article of value from any person
under 18 years of age, or from any intoxicated person, or any person
known to be a thief or associate of thieves, or receiver of stolen
property, or from any person whom the business has reason to suspect
or believes to be such, and/or from persons or person who are/is in
the possession of what reasonably can be concluded to be stolen property.
E.
All owners of such businesses who have reasonable suspicion or acquire
knowledge as to stolen/unlawfully obtained property shall immediately,
or as soon as possible, notify the Cambria Township Police Department
and/or other appropriate law enforcement agency.
[Ord. No. 2015-220, 2/23/2015]
1.
The provisions of this Part shall not apply to:
A.
Businesses selling articles on consignment.
B.
Transactions involving only clothing.
C.
Purchases made by dealers from wholesalers or other suppliers, but
shall only apply to those purchases made from the public.
D.
Bona fide trade, turn-ins or donation of secondhand goods, wares
or merchandises or other goods where no cash is transferred or paid
by the business.
[Ord. No. 2015-220, 2/23/2015]
Any person/business failing, neglecting or refusing to comply
with any of the above provisions of this Part shall, upon summary
conviction thereof in a summary proceeding before a District Justice
of Cambria County, be fined a sum of not more than $600 for the first
offense, plus costs. In default of payment of such fines and costs,
such person shall be imprisoned for a period not exceeding 30 days.
Every day that a violation continues shall be a separate violation.
[Ord. No. 2015-220, 2/23/2015]
1.
The provisions of this Part are severable. If any part of this Part
is declared to be unconstitutional, illegal or invalid, the validity
of the remaining provisions of this Part shall not be affected thereby.
2.
It is the intention of the Township of Cambria that this Part would
have been adopted had such unconstitutional, illegal or invalid part
not been included.
