[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra 6-27-2011 by Ord. No. 734. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Palmyra
Borough Pawn Shops and Secondhand Shops Ordinance."
The following terms are hereby defined for purposes of interpretation,
administration, and enforcement of this chapter:
Palmyra Borough, Lebanon County, Pennsylvania.
Includes any person who otherwise in the normal course of
business purchases personal property not from a retail or wholesale
entity or auction for the purposes of reselling the property.
Includes any person who:
Engages in the business of lending money on the deposit or pledge
of personal property other than choses in action, securities or written
endeavors or indebtedness;
Purchases personal property with an express or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares or merchandise pledged, stored
or deposited as collateral security.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his/her business as defined Subsection
C of the definition "pawnbrokers."
The person who obtains a loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he is or was acting for another, in which case a "pledger" means
the disclosed principal.
The Palmyra Borough Police Department or any successor entity
which provides law enforcement services within the Borough.
Jewelry, cameras and photographic equipment, gold coins or
bars, silver bars, copper tubing, electronics equipment such as televisions
or VCRs or radios or computers or computer equipment or microwave
ovens, antiques, currency collectibles such as coins or stamps, and
any other item of value likely to be the subject of criminal activity
such as burglary or theft. Hereafter, the Police Department may update
this definition by sending a list of categories of "target goods"
to pawnbrokers and dealers in secondhand goods identifying themselves
as such.
Each pawnbroker or dealer in secondhand goods shall keep a book
legibly written in the English language in which shall be recorded:
A.
A full and accurate description of all articles purchased or left
in pawn with them, including any serial number thereon.
B.
The date and time of pawning or purchasing the same.
C.
The date and time within which such pawned or pledged article is
to be redeemed.
D.
The amount of money lent or paid therefor.
E.
The description of the person or persons, including such person's
name, date of birth, address, driver's license number or social
security number, and a physical description including sex, approximate
age, race, height, and any identifying features.
A.
At the time of any transaction in target goods, the pawnbroker or
dealer in secondhand goods shall make a record of the name, date of
birth, address, driver's license number or the social security
number of the pawner or seller in secondhand goods in the transaction.
Such information shall be supplied to the Police Department as part
of the report required hereunder.
B.
All pawnbrokers and dealers in secondhand goods shall make out and
deliver to the Chief of Police or his duly authorized representatives,
before 12:00 noon of every Monday, or the next following business
day if the Monday is a holiday, a legible and accurate report of all
target goods taken in pawn or purchased during the preceding business
week. Such report shall contain the name or names of the pawners or
sellers and accurate, detailed description, together with serial numbers
thereon, if any, of all target goods taken in pawn or purchased, together
with the amount loaned on or paid for such target goods. Target goods,
whether taken in pawn or purchased, shall not be sold, resold or otherwise
disposed of for a period of at least 15 days after pawn or purchase
by such pawnbrokers or dealers, but this requirement shall not apply
to the redemption of a lawfully pledged article by the pledger. Pawnbrokers
and dealers shall permit the Chief of Police or his duly authorized
representatives to inspect any target goods in his possession at any
time during regular business hours. Failure to timely submit list
shall be a violation of this chapter.
No pawnbroker or dealer in secondhand goods shall purchase or
take in pawn any goods of any kind from any person under 18 years
of age.
A.
Whoever violates any provision of this chapter shall be fined not
less than $500 nor more than $1,000, plus costs of prosecution, and
in default of payment thereof, shall be imprisoned for not more than
90 days. Each day or portion thereof in which a violation exists shall
be considered a separate violation of this chapter. Each section of
this chapter which is violated shall be considered a separate violation.
Such fine shall be in addition to any other fine which may be imposed
under the provisions of any other ordinances of the Borough, Pennsylvania
law, or federal law.[1]