[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 8-26-1997 by Ord. No. 97-14 (Ch. 13, Part 10, of
the 1992 Code). Amendments noted where applicable.]
[Amended 5-2-2011 by Ord. No. 11-02]
This chapter is enacted to promote and foster the health, protection,
safety, morals, welfare and benefit of the citizens and inhabitants
of the Township of Middletown and the public at large, in their persons
and their property, by requiring dealers in precious metals to undertake
certain identification, reporting and recordkeeping procedures deemed
necessary and proper by the Township so as to aid and assist law enforcement
officials, including the Township Police Department, in the investigation
of robberies, burglaries and other thefts occurring within the Township,
and so as to aid and assist law enforcement officials, including the
Township Police Department, in the recovery of property stolen and
taken during such robberies, burglaries and other thefts.
In interpreting and applying the provisions of this chapter,
minimum requirements for the promotion of the public safety, comfort,
convenience and general welfare shall be followed. Where the provisions
of this chapter impose greater restrictions than those of any statute,
other ordinance or regulation, the provisions of this chapter shall
be controlling. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, other ordinance or regulation shall be controlling.
This chapter shall be known and may be cited as "The Middletown
Township Precious Metals Ordinance."
[Amended 5-2-2011 by Ord. No. 11-02]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meaning indicated
hereinbelow. The singular shall include the plural, and the plural
shall include the singular.
An individual, partnership, association, corporation (whether
nonprofit or for-profit), business entity, or any other group of individuals,
however organized, who or that purchase precious metals, or any individual,
partnership, association, corporation (whether nonprofit or for-profit),
business entity, or any other group of individuals, however organized,
who or that act as an agent for an individual, partnership, association,
corporation (whether nonprofit or for-profit), business entity, or
any other group of individuals, however organized, for and/or in the
purchase of precious metals.
Any item that is and/or that contains gold of 10 karat fineness
or greater, silver and/or platinum, including but not limited to jewelry
and silver services.
[Amended 5-2-2011 by Ord. No. 11-02; 4-21-2014 by Ord. No. 14-02]
A.Â
Dealers to be licensed. A dealer in precious metals shall be
licensed in accordance with the Pennsylvania Precious Metals Act (P.L.
92, No. 17).[1] This license shall be posted or otherwise prominently
displayed so as to be in full view of the public at all times.
[1]
Editor's Note: See 73 P.S. § 1931 et seq.
B.Â
Dealers to keep records. A dealer in precious metals shall keep
a record of every transaction involving precious metals. Such records
shall completely, accurately and legibly record the details of every
such transaction, set forth on a form that meets and satisfies all
of the requirements for information as set forth in this section,
below, and that is approved by the Office of Attorney General of the
Commonwealth of Pennsylvania and the Sheriff of Bucks County. The
record shall include, but not be limited to:
(1)Â
The name, address, age, sex, race and driver's license
number, if any, of the seller. The identity of the seller shall be
established and verified by requiring the seller to produce an identification
issued by a governmental agency with a photo of the seller thereon,
if available, and at least one other corroborating means of identification.
Otherwise, identification sufficient to reliably establish the person's
true identity shall be required, which item(s) of identification shall
be recorded and photocopied by the dealer in precious metals. The
seller shall be required to sign the form on which is recorded the
information required by this section.
(2)Â
An accurate description of the items of precious metal purchased,
including all names, initials, serial numbers or other identifying
marks or monograms on each item purchased.
(3)Â
A digital photograph of the property purchased that completely,
accurately and legibly depicts the items of precious metal purchased,
including, whenever possible, all names, initials, serial numbers
or other identifying marks or monograms on each item purchased.
(4)Â
The time and date and location of the transaction, which shall
be recorded at the time of the transaction.
C.Â
Records to be maintained by dealer. The records of transactions described in Subsection B above shall be maintained by the dealer in precious metals for a period of two years from the date of the transaction and shall be available for inspection at any time by any law enforcement official.
D.Â
Records to be filed with the Township. A complete, accurate and legible copy of every such record of transaction described in Subsection B above shall be filed with the Middletown Township Police Department and the Bucks County District Attorney by the close of the next working day after the day on which the precious metal is purchased. The transaction records shall include photocopies and/or digital copies of the forms, descriptions and photographs described in Subsection B above.
E.Â
Records to be filed in electronic inventory tracking database systems. A complete, accurate and legible copy of every such record of transaction described in Subsection B above shall be filed on, in and with any and all electronic inventory tracking database systems as selected and identified by the Middletown Township Police Department by the close of the next working day after the day on which the precious metal is purchased. The transaction records shall include photocopies and/or digital copies of the forms, descriptions and photographs described in Subsection B above, together with any and all other information required by each and every such electronic inventory tracking database system, all in the form and format as required by each such electronic inventory tracking database system.
F.Â
Inspection of precious metals. Each item of precious metal purchased
by a dealer in precious metals shall be retained in unaltered condition
for 20 full working days after report of its purchase and all of the
records of the transaction associated therewith have been filed with
the Middletown Township Police Department and the Bucks County District
Attorney. Each item of precious metal purchased by a dealer in precious
metals shall be available for inspection by law enforcement officials
and personnel during this twenty-day period, within the regular business
hours of the dealer in precious metals. A search warrant or order
of court shall not be required for such inspection as described herein
unless such inspection is requested to occur at a time that is not
within the regular business hours of the dealer in precious metals.
G.Â
Business with minors. A dealer in precious metals shall not
conduct or engage in a transaction involving precious metals with
any person under the age of 18 years.
[Added 4-21-2014 by Ord. No. 14-02]
A.Â
Participation by Township in electronic inventory tracking database
systems. On or before June 1, 2014, the Middletown Township Police
Department shall identify and select one or more online electronic
inventory tracking database systems for the purpose of aiding and
assisting law enforcement officials, including the Township Police
Department, in the investigation of robberies, burglaries and other
thefts occurring within the Township, and for the purpose of aiding
and assisting law enforcement officials, including the Township Police
Department, in the recovery of property stolen and taken during such
robberies, burglaries and other thefts. The Middletown Township Police
Department shall register and enroll in, on and with each such online
electronic inventory tracking database system so identified and selected.
In addition to any and/all other rules, regulations and/or requirements
of the Township, each such online electronic inventory tracking database
system shall utilize, maintain and employ technology that protects
all records, data and information entered and/or provided by the Township
Police Department and/or dealers in precious metals from any and all
forms of unauthorized access and/or malicious intrusion. The Township
Police Department and each and every dealer in precious metals shall
access each and every such online electronic inventory tracking database
system by means of a confidential, separate and distinct user identification
and password issued by the online electronic inventory tracking database
system directly to the Township Police Department or to each and every
such dealer in precious metals, as the case may be.
B.Â
Participation by dealers in precious metals in electronic inventory tracking database systems. On or before July 1, 2014, each and every dealer in precious metals shall register and enroll in, on and with each such online electronic inventory tracking database system identified and selected by Middletown Township Police Department as described in Subsection A above and shall further conform with and abide by any and all such rules, regulations and/or requirements of the Township and/or each such online electronic inventory tracking database system. Any and all fees imposed by the Township in relation to enrollment, registration and/or participation in each and every such online electronic inventory tracking database system identified and selected by Middletown Township Police Department shall be paid to the Township by a dealer in precious metals within 30 days of the issuance of an invoice by the Township. Any and all such fees shall be established, from time to time, by the Township as part of the Township Fee Schedule Resolution.[1]
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
[Amended 6-23-1998 by Ord. No. 98-08; 4-21-2014 by Ord. No. 14-02]
Any person, firm or corporation who shall violate, fail, neglect
or refuse to comply with any provision of this chapter, upon conviction
thereof in an action brought before a Magisterial District Judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this chapter continues or each
section of this chapter which shall be found to have been violated
shall constitute a separate offense.
