It is hereby declared and found that, because of the increase
of incidents of property theft, the increase in the price of precious
metals and gems and the ease with which some secondhand dealers buy
and sell precious metals and gems without requiring identification
or proof of ownership, these secondhand dealers represent to persons
involved in crime an opportunity to dispose of stolen property. For
business enterprises to be allowed to continue to operate without
laws to control and regulate the purchase of such articles not only
jeopardizes the property rights of many people, but also extremely
hampers law enforcement agencies in their efforts to recover stolen
property and identify suspects. If law enforcement agencies are to
function in this area, a local law regulating secondhand dealers is
necessary. Thereby, the public health, morals and general welfare
of the County of Putnam will be protected and promoted and the best
interests of the people would be served by control and regulation
of secondhand dealers. It is the intention of the Legislature of Putnam
County that this chapter be established and shall constitute the complete
law in relation to the control and regulation of secondhand dealers
for the County of Putnam.
Every license shall expire one year after its issuance. Every
license may be renewed upon payment of the required renewal fee in
the amount of $250, and filing a renewal application with the Director
no earlier than 30 days, and no later than 15 days before the license
is due to expire.
No license under the provisions of this chapter shall be transferred
or assigned to any person or used by any person other than the licensee
to whom it was issued, his agents, employees or duly authorized representatives,
said agents, employees or duly authorized representatives having been
approved by the Director.
The unit daily price of each type and class of precious metal
shall be clearly displayed in Arabic numbers in such a manner that
the public will be informed of such prices.
If any articles composed wholly or in part of precious metals
or gems shall be advertised in any newspaper printed or circulated
in the County of Putnam or reported by law enforcement as having been
lost or stolen, and if any articles answering such advertised description
or any part thereof shall be in or come into the possession of any
licensed dealer, upon receiving actual written or oral notice of the
similarity of description of such articles, such dealer shall immediately
give information relating thereto to the appropriate law enforcement
agency. No disposition of such articles shall be effected until authorization
to do so shall be given to such dealer by the appropriate law enforcement
agency. The failure of the law enforcement agency within 30 days to
give the dealer further written notice that the articles are actually
lost or believed to be stolen and are needed in connection with a
pending investigation or prosecution shall constitute authorization
to dispose of said articles.
It shall be unlawful for a secondhand dealer to make a payment
in cash money to any seller or pledger.
Every secondhand dealer shall furnish to the appropriate law
enforcement agency all information requested by such agency relative
to all records required to be kept under this chapter.
It shall be the duty of any member of law enforcement, or the
Department of Consumer Affairs, having jurisdiction at the site where
a person is seen dealing in secondhand articles to enforce the provisions
of this chapter against any person found to be in violation of this
chapter.
This chapter shall not create any liability on the part of the
County of Putnam, its officers, agents or employees or any member
of law enforcement for any act or damage caused as a result of reliance
on this chapter or any administrative decision lawfully made thereunder.
If any section of this chapter or the application thereof to
any person or circumstance shall be adjudged invalid by a court of
competent jurisdiction, such order or judgment shall be confirmed
in its operation to the controversy in which it is rendered, and shall
not affect or invalidate the remainder of any other provision or any
section or the application of any part thereof to any other person
or circumstance and to this end, the provisions of each section of
this chapter is hereby declared to be severable.
This chapter shall apply to actions or transactions occurring
on or after the effective date of this chapter.