[HISTORY: Adopted by the City Council of
the City of Fitchburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-21-2004 by Ord. No. 250-04]
A.
The Fitchburg Police Chief may license suitable persons
to be pawnbrokers, pursuant to law. Such licenses shall not be valid
to protect the holders thereof in a building or place other than that
designated in the license, unless consent to removal is granted by
the Police Chief. Applications for new licenses under this rule may
be filed at any time with the Police Chief. Applications for the reissue
of licenses already existing should be filed at least 30 days before
the expiration of such licenses. All licenses issued hereunder shall
expire annually on the last day of December. Persons whose licenses
have expired and have not been reissued will be liable to prosecution
if carrying on the business for which the license is required. Every
person so licensed shall, at the time of receiving such license, file
a bond as provided by state law.
B.
Persons who engage in or carry on the business of
lending money on mortgages, deposits or pledges of wearing apparel,
jewelry, ornaments, household goods or other personal property, or
of purchasing such property on condition of selling the same back
again at a stipulated price, when the property so mortgaged, pledged
or purchased is deposited with the lender, must be licensed as pawnbrokers.
This provision, however, does not apply to loans made on stock, bonds,
notes or other written or printed evidence of ownership of property
or of indebtedness to the holder or owner of such securities. (MGL
c. 140, § 70 - 85)
A.
Licensed pawnbrokers may charge interest at the rate
of 3% per month, and in no event may they charge more than the rate
allowed by the Massachusetts Commissioner of Banks.
[Amended 4-7-2009 by Ord. No. 077-09]
B.
No such pawnbrokers shall charge or receive any greater
rate of interest, and interest shall be determined on the precise
sum advanced by the lender.
C.
No pawnbroker shall make or receive any extra charge
or fee for storage, care or safekeeping of any goods, articles or
things pawned with him. (MGL c. 140, § 78)
[Amended 6-3-2014 by Ord.
No. 100-2014]
Any officer of the Police Chief may, at any
time, enter upon any premises used by a licensed pawnbroker for the
purposes of his or her business, ascertain how he or she conducts
his or her business and examine all articles taken in pawn or kept
or stored in or upon said premises, and all books and inventories
shall be exhibited to any above named whenever a demand shall be made
for such exhibition. (MGL c. 140, § 73) (Penalty for refusal,
MGL c. 140, § 74)
Every licensed pawnbroker shall, at the time of making any loan, attach a number to the article taken in pawn, and shall make entry of such number in the book provided for by § 130-5.
A.
Every licensed pawnbroker shall keep a book of a style
and size in which shall be legibly written in ink, in the English
language, at the time of making each loan, an account and description,
including all distinguishing marks and numbers, of the goods, articles
or things pledged or pawned, the amount of money loaned thereon, the
day and hour when it was pawned, the rate of interest to be paid on
such loan, the number of such article as same. No entry made in said
book shall be erased, obliterated or defaced.
B.
Every pawnbroker shall photograph any person pawning
or pledging articles and keep such photographs with said books as
part of his or her records. (MGL c. 140, § 79)
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
For all loans, every pawnbroker shall also require
positive identification and record the type of identification presented
and record the date of birth from any person pawning or pledging any
article. Positive identification shall mean any picture identification
card issued by a governmental agency.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Each pledger shall be required by the pawnbroker
to sign his or her name, age and address on a card. In the event that
the pledger is unable to write, the pawnbroker shall fill in the name,
age and address on such card, together with a notation stating that
the pledger was unable to do so. Such card shall be retained seven
years in an alphabetical index file by the licensed pawnbrokers.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Every pawnbroker shall, at the time of making such loan, deliver to the person who pawns or pledges any goods, articles or things, a memorandum or note signed by him, containing the substance of the entry required to be made in his or her book by the provisions of § 130-5; and no charge shall be made or required by any pawnbroker for any such entry, memorandum or note. (MGL c. 140, § 80)
A.
Every licensed pawnbroker shall make out and deliver to the Fitchburg Police Chief, every day before the hour of 10:00 a.m., a legible and correct list containing an accurate description, including all distinguishable marks and numbers of all articles taken in pawn during the preceding business day, the respective numbers of such articles as provided by § 130-4, the amount loaned thereon, and the time when such articles were pawned. If during the preceding day no articles have been taken in pawn by such pawnbroker, he or she shall make out and deliver to the Police Chief before the hour of 10:00 a.m., a report of such fact.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
If any goods or articles pawned or pledged and in
the possession of a pawnbroker are subsequently determined to be stolen
property by a member of the Fitchburg or State Police, or if the rightful
owner identifies property in the possession of a pawnbroker and the
property so identified is confirmed to be stolen pawned goods by a
member of the Fitchburg or State Police, upon direction by the Fitchburg
or State Police said property shall be returned to the rightful owner
at no cost to such owner.
[Amended 6-3-2014 by Ord.
No. 100-2014]
A.
Every licensed pawnbroker shall post in a conspicuous
place in his or her shop or office a copy of the statutes, ordinances
and police regulations relating to pawnbrokers, to be furnished by
the Police Chief, and shall put in some suitable and conspicuous place
in his or her shop a sign having his or her name and occupation legibly
inscribed thereon in large letters.
B.
No pawnbroker shall place or maintain any signs or
devices upon or in connection with his or her licensed premises indicating
or tending to indicate that any form of business is conducted therein
which he or she is not legally authorized to pursue.
[Amended 6-3-2014 by Ord.
No. 100-2014]
No pawnbroker shall have his or her shop open
for the transaction of business, except between sunrise and 9:00 in
the evening of any weekday except Saturday, on which day such shop
may be kept open from sunrise until 10:00 in the evening.
A.
Articles deposited in pawn with a licensed pawnbroker
shall, unless redeemed, be retained by him or her on the premises
occupied by him or her for his or her business for at least four months
after the date of deposit.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
After the expiration of the applicable period of time,
he or she may sell the article by public auction, apply the proceeds
thereof in satisfaction of the debt or demand and the expense of the
notice and sale, and pay any surplus to the person entitled thereto
on demand.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
No such sale of any article which is not of a perishable
nature shall be made unless not less than 10 days prior to the sale
a written notice of the intended sale shall have been sent by registered
mail to the person entitled to the payment of any surplus as aforesaid,
addressed to his or her residence, as appearing in the records of
such pawnbrokers. Proof of registered mail shall be kept on file for
one year after the date of sale.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
No article taken in pawn by such pawnbroker shall
be disposed of otherwise than as above provided, any agreement or
contract between the parties thereto to the contrary notwithstanding.
E.
Articles of personal apparel shall not be deemed to
be of a perishable nature within the meaning of this section. (MGL
c. 140, § 71)
A.
No pawnbroker shall make a loan, directly or indirectly,
to a minor, knowing or having reason to believe him or her to be such.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
No pawnbroker shall loan money secured by deposit
or pledge of a firearm, rifle, shotgun or machine gun. (MGL c. 140,
§ 131B)
C.
No pawnbroker shall hold a license to sell, rent,
or lease a firearm, rifle, shotgun, or machine gun.
A.
Complaints concerning licensed pawnbrokers shall be
investigated by the Fitchburg Police Chief. An investigation shall
be made in all such instances.
B.
In the event the Police Chief determines that disciplinary
action should be instituted against a licensed pawnbroker, the Police
Chief shall cause to be served upon the licensed pawnbroker notice
as to the time, date and place of hearing of the charge with a statement
of the reasons for the proposed disciplinary action. Hearings shall
be conducted in accordance with Police Chief procedure.
The Police Chief may suspend or revoke licenses
provided for by this article for any cause which the Police Chief
deems sufficient. Offenses which may result in the suspension or revocation
of a pawnbroker's license include but are not limited to the following:
[Adopted 5-4-2011 by Ord. No. 055-2011]
The City of Fitchburg finds that there is a cognizable risk
for stolen metals to end up in the possession of even legitimate businesses
which trade in metals, including precious metals. Certain criminals
bring stolen metals, including precious metals, to dealers in jewelry
and scrap metal. The victims of theft have only small hope of recovering
their property unless the people and entities who receive scrap metals
and jewelry are regulated in a manner which identifies both the metal
received by the dealers and the persons who deliver the metal to these
dealers. There is an internet alert system used by the Fitchburg Police
Department, which reports stolen metals. Monitoring transactions within
the City and identifying both the metals and the persons selling or
delivering these metals will serve both to deter theft and to enable
the Fitchburg Police Department to trace and recover stolen property
and return it to the rightful owners.
As used in this Article II, the following terms shall have the meanings indicated:
Any metal which is subject to this Article II and is exchanged, sold, collected, bartered or received by a person dealing in metals.
The Chief of the Fitchburg Police Department or his or her
designee.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Receiving, purchasing, selling or bartering metals, including
precious metals and industrial scrap metals.
A chemical element that is malleable, opaque and ductile,
usually solid, which has a characteristic luster, is a good conductor
of heat and electricity, and can be melted or fused, hammered into
thin sheets, or drawn into wires, e.g., copper, aluminum, gold, silver
or iron or other metals.
Any metal which is considered valuable, such as silver, gold,
platinum, copper, without regard to the form or amount of such precious
metal.
A.
No person shall collect, deal in, exchange, buy, or keep a shop or place for the exchange, purchase, sale or barter of metals, including precious metals and industrial metals, in any building or place within the limits of the City without having a license from the Chief of Police. The license requirement and the other requirements of this Article II shall not apply to commercial haulers having valid, current United States Department of Transportation stickers affixed to their vehicles.
B.
The Chief of Police may, for a fee set by him, and based upon an application devised by him, license suitable persons to be dealers in and keepers of shops or locations for the purchase, sale or barter of precious metals at such places within the City as may be designated in such license. The Chief of Police may place reasonable conditions on such licenses which shall be inscribed on the face of the license. A license shall be limited to a specific address stated thereon. Subject to the notice and appeal provisions contained in § 130-23 of this Article II, the Police Chief may deny a license to any person who, in the exercise of his or her reasonable discretion, is unsuitable.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
All metal dealer licenses shall expire annually on June 30. The license holders shall be responsible for submitting an application for license renewal with the license fee to the Police Chief at least 30 days prior to June 30. Upon receipt of an application for renewal, the Police Chief shall consider the performance of the licensee during the previous year and shall determine whether the licensee had been found in violation of this Article II and other ordinances and regulations of the City applicable to metal dealers.
D.
The Police Chief may promulgate reasonable regulations not inconsistent with this Article II which shall be binding upon all licensees. No regulation shall take effect until the expiration of 30 days from the date the regulation(s) is delivered or mailed to the persons then licensed. The Police Chief shall deliver a complete set of regulations and any amendments thereto to the City Clerk. The Police Chief and the City Clerk shall maintain the complete set of all regulations in a book available to the public.
E.
The obligation to obtain a license as required by this section will
take effect 45 days after it is finally enacted.
No licensee shall, directly or indirectly, exchange any metals
with a person under the age of 18.
[Amended 11-1-2011 by Ord. No. 216-2011; 9-17-2014 by Ord. No. 217-2014]
No article exchanged, purchased or received shall be sold, or
altered in appearance, form or substance until a period of at least
21 days have elapsed from the date of its purchase or receipt. All
articles exchanged, purchased or received must be made available to
the Fitchburg Police Department upon request within 24 hours of such
request, and the Police Department may investigate to determine if
any article is, or may be, stolen property. This waiting period does
not apply to scrap metal yards which are exempt from any waiting period.
[Amended 11-1-2011 by Ord. No. 216-2011]
Every licensee shall electronically create and send to the Police
Chief, on a form, in the manner and at the time prescribed by the
Police Chief, a legible, a complete and accurate list containing an
accurate description of all metal articles received by the licensee
during the previous 24 hours. The description must include: the type
of metal; the size and/or quantity; whether the article is or may
be a precious metal; if applicable, whether the article is typically
used by or associated with a male or female; the wording of any engraving;
whether the article has any gems or precious stones; any identifying
number and every other identifiable trait.
A.
Every licensee shall, at the time of making any exchange or receipt of any article, assign and attach a number to each article received and shall make entry of such number in the book described in Subsection B.
B.
Every licensee shall keep a book in which shall be legibly written
in ink, in the English language, at the time the licensee receives
any article the following information:
(1)
An account and description, including all distinguishing or identifying
marks and numbers of every article received by the licensee.
(2)
The amount of money, if any, paid for the article.
(3)
The date and hour when it was received.
(4)
The name, age, permanent address and telephone number of the person
from whom purchased or received.
(5)
A copy of the document used to identify the person giving the article
to the licensee.
C.
Every licensee shall require positive identification from any person
selling or exchanging any article. The licensee shall copy and record
the type of identification presented and the date of birth from any
person giving or exchanging any article. Positive identification means
only a government-issued document with the person's name and
photograph. The licensee shall photograph any person exchanging any
article(s). A copy of the identification and the photograph shall
be kept with the book required by this section as part of his or her
records.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
No entry made in the book required by this section shall be erased, obliterated or defaced in any manner whatsoever. The book shall, at all times, be open for the inspection by the Police Chief or any police officer. The licensee shall keep and maintain all the records required by this Article II for a period of three years from the date of the last entry in any book.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Every licensee shall post, in some suitable and conspicuous place where he or she receives or exchanges articles a sign having his or her personal name, and his or her business name, if different, and his or her occupation legibly described thereon in large letters. The current license shall also be so posted. The location where transactions occur, the store or shop and all articles exchanged and or kept therein or received therein and the book and documents required by this Article II, may at all times, be examined by the Police Chief or any police officer at their request.
A.
Whoever, not having a valid license as required by this Article II, exchanges, collects, deals in or barters metals in any place or manner other than that designated in his or her license, or after notice to him or her that his or her license has been revoked, or whoever violates this Article II or any rule, regulation or restriction contained in his or her license, or any regulation promulgated by the Chief of Police shall be subject to the fines and sanctions described in this section. Each day of such violation shall constitute a separate offense.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
The fine for breach of the duty imposed by this Article II is $300. Each day on which the person continues in violation shall be considered as a separate violation.
C.
All invoices for the payment of municipal charges and bills, fines or violations under any provision of this Article II or arising in connection with enforcing this Article II are due and payable within 14 days after they are mailed or delivered unless a different due date is otherwise provided by law or ordinance. Any invoice remaining unpaid after its due date will accrue interest from the due date at the rate of interest charged on tax bills under the provisions of MGL c. 59, § 57, as the same may from time to time be amended. The fees and charges assessed under this Article II, together with interest thereon and costs relative thereto, shall be a lien upon the real estate as described in MGL c. 40, § 58. The lien shall take effect upon the recording of a list of unpaid municipal charges and fees by parcel of land and by the name of the person assessed for the charge or fee in the registry of deeds and, if a charge or fee which is secured by a municipal charges lien remains unpaid when the Assessors are preparing a real estate tax list and warrant to be committed under MGL c. 59, § 53, the enforcing authority in charge of collecting the charge or fee, or the Collector of Taxes shall certify the charge or fee to the Assessors, who shall forthwith add the charge or fee to the tax on the property to which it relates and commit it with their warrant to the Collector of Taxes as part of such tax.
D.
If the property to which such charge or fee relates is tax exempt,
the charge or fee shall be committed as a tax. A lien under this section
may be discharged by filing a certificate from the Tax Collector that
all municipal charges or fees constituting the lien, together with
any interest and costs thereon, have been paid or legally abated.
All costs of recording or discharging a lien under this section shall
be borne by the owner of the property.
E.
This Article II may also, in the discretion of the Chief of Police, be enforced by civil process or by noncriminal disposition as provided in MGL c. 40, § 21D. The Chief of Police or any Fitchburg police officer may issue tickets to enforce this Article II. If enforced civilly by ticket each day on which a violation exists shall be deemed to be a separate offense, and the violator shall be subject to the following fines:
F.
In addition to the penalties set forth above, the enforcing authority may seek an injunction from an appropriate court to restrain any violation of this Article II, any regulation promulgated by the Chief of Police or any condition inscribed on a license.
G.
The Chief of Police may terminate any license or refuse to renew any license for violation of this Article II, a regulation promulgated by the Chief of Police or any condition inscribed on the license. He or she shall use the procedure described in this section.
[Amended 6-3-2014 by Ord.
No. 100-2014]
(1)
Notice of violation. Whenever it comes to the attention of the Police Chief or any police officer that a violation of this Article II, a regulation of the Police Chief or a condition inscribed on a license, the Police Chief shall, by written notice, delivered personally or sent by certified mail to the licensee notifying him or her of the violation and ordering the person to cease and desist. Depending on the severity of the violation as determined by him, the Chief of Police may terminate the license. The Police Chief shall also provide notice described herein if he or she determines to deny an application for a license stating the reasons therefor.
(2)
Contents of notice. The written notice to the licensee shall contain
a description of the violation(s) and the date(s) of occurrence and
a citation to the section of the ordinance, regulation or license
condition which the licensee is alleged to have violated. The notice
will, if applicable, describe what the licensee must do to comply,
whether the Police Chief intends to terminate the license and the
effective date of the termination which shall afford the licensee
at least seven days to file an appeal of the proposed termination
to the Mayor. In the case of denial of a license, the notice shall
state the reasons for the denial.
(3)
Appeal. Upon receipt of a notice of license termination, or denial,
the licensee may, within seven days of receipt of the notice, file
a written appeal by delivery or certified mail to the Mayor's
office during the hours of 8:30 to 4:30 on days when City Hall is
open for business. When the Mayor receives an appeal, he or she shall
appoint a neutral hearing officer who will take testimony from any
persons with knowledge of the facts including any police officer and
the appellant. The appellant may be represented by counsel, and any
person so testifying will be subject to cross examination. The proceedings
will be governed by the rules of evidence applicable to an informal
administrative hearing. The hearing officer will assure that an appropriate
record, including any documents submitted, is made and kept. The decision
of the hearing officer will be written and final.
H.
The Chief of Police, subject to the process described in this section,
may refuse to renew any license. The Chief shall not issue a license
to any person convicted of a felony.
A.
Each section, each provision or requirement of any section of this Article II shall be considered separable. If any section, subsection, sentence, clause, phrase or portion of this Article II is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
B.
It is the intent of the City of Fitchburg, acting by and through its legislative and executive branches, to regulate the business of buying, selling and metals, including precious metals, and to prohibit certain behaviors and conduct as set forth in this Article II consistent with the Constitutions of the United States and the Commonwealth of Massachusetts and the statutory provisions of the Commonwealth of Massachusetts. Any ambiguity or doubt in interpreting or construing any section, word or provision of this Article II shall be resolved in a manner so as to further the expressed intent of the Article II.
