Township of Logan, NJ Chapter 129 Secondhand Goods, Precious Metals, Gems, Jewelry Dealers and Pawnbrokers

[HISTORY: Adopted by the Township Council of the Township of Logan 9-15-2009 by Ord. No. 12-2009. Amendments noted where applicable.]

§ 129-1 Purpose and intent.

[Amended 11-20-2012 by Ord. No. 11-2012[1]]

The purpose and intent of this chapter is to assist law enforcement officials in recovering stolen secondhand goods, precious metals and/or gems by requiring minimum reporting requirements for jewelry dealers and/or pawnbrokers.

[1] Editor's Note: This ordinance also changed the title of Ch. 129 from "Secondhand Precious Metals, Gems, Jewelry Dealers and Pawnbrokers" to "Secondhand Goods, Precious Metals, Gems, Jewelry Dealers and Pawnbrokers."

§ 129-2 Definitions, word usage.

A. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

B. As used in this chapter, the following terms shall have the meanings indicated:

ARTICLE

Any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof, whether separable or not, and also including material for manufacture, as defined in N.J.S.A. 51:6-1.

[Added 11-20-2012 by Ord. No. 11-2012]

MERCHANT

Any person, partnership, corporation or other entity, including jewelry dealers and/or pawnbrokers, who purchases secondhand goods, precious metals or gems from the public and sells or otherwise exchanges or trades the secondhand goods, precious metals or gems for resale, or makes appraisals of the secondhand goods, precious metals or gems or otherwise conveys, melts down or alters said secondhand goods, precious metals or gems in any form, and further includes anyone advertising the purchase or sale of any of the aforementioned items.

[Amended 11-20-2012 by Ord. No. 11-2012]

MINOR

Any person under the age of 18 years.

PRECIOUS METALS

Gold, silver, platinum and their alloys as defined in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.

PUBLIC

Individuals and retail sellers of secondhand goods, gems and precious metals, not to include wholesale transactions or transactions between other merchants.

[Amended 11-20-2012 by Ord. No. 11-2012]

PURCHASE

Not only the exchange of money for secondhand goods and/or precious metals, but the exchange or trading of any other tangible or intangible property for secondhand goods and/or precious metals.

[Amended 11-20-2012 by Ord. No. 11-2012]

SECONDHAND GOODS

Any article or personal property previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned.

[Added 11-20-2012 by Ord. No. 11-2012]

§ 129-3 Merchants' responsibilities and requirements.

[Amended 11-20-2012 by Ord. No. 11-2012]

Every merchant within the Township of Logan shall, upon the purchase of any secondhand goods and/or precious metals from the public, be required to do as follows:

A. Require photo identification of the person with whom he or she is transacting business. A copy of the photo identification must be retained on file with the purchase records.

B. Record on a numbered receipt the name, address and telephone number of the purchaser; the name, address and telephone number of the seller or sellers; the time and date of the transaction; the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.

C. Supply to the Chief of Police of the Township of Logan, within two days from the date of purchase, on a form approved by the Township of Logan, the information contained in Subsection B above, plus the following:

(1) A physical description of the seller.

(2) The receipt number.

(3) A full description of the item or items purchased, including but not limited to marks, numbers, dates, sizes, shapes, initials and monograms.

(4) The price paid for the item.

(5) The form must be signed by the seller and initialed by the clerk who made the transaction.

D. The secondhand goods and/or precious metals are to be made available for inspection by the Chief of Police of Logan Township or his or her designated representative for a period of five days from the date the information required above is received by the Chief of Police on the approved form. The secondhand goods and/or precious metals shall remain in the same condition as when purchased and shall not be changed, modified, melted or disposed of by the purchaser until the five-day period has expired. During this five-day period, the secondhand goods and/or precious metals shall be placed in public view at the purchaser's place of business. If the property is such that it would create a hardship on the merchant by holding the secondhand goods and/or precious metals for such period, the merchant may present the property to the Chief of Police or his or her representative in order that it may be photographed and, if deemed necessary by the Chief of Police or his or her designated representative, an investigation be implemented. The Chief of Police or his or her designated representative has the authority to grant the merchant a waiver of the requirement under this section.

§ 129-4 Exemptions.

[Amended 11-20-2012 by Ord. No. 11-2012]

This chapter shall not apply to purchases made by jewelers or other merchants from wholesalers or other suppliers, but shall only apply to those purchases made from the public or other retail purchases. The merchant shall keep records of all wholesale purchases for a period of two years from the date of such purchase, which records shall be opened to investigation by the Logan Township Police Department. All records of wholesale purchases or copies of such records shall remain at the business location within Logan Township for a period of two years from date of such purchase.

§ 129-5 Purchases from minors.

No merchant within the Township of Logan shall purchase any precious metals from any person under the age of 18 years.

§ 129-6 Violations and penalties.

Violation of any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.

§ 129-7 Severability.

Should any section, clause, sentence, phrase or provision of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.

§ 129-8 Repealer.

All prior ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.

§ 129-9 When effective.

This chapter shall take effect immediately upon final passage and publication in accordance with law.