[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 3-18-2013 by Ord. No. 521 (Ch. 99 of the 1982 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Township of Muhlenberg Pawnshops and Secondhand Shops Ordinance."
The following terms are hereby defined as indicated for purposes of interpretation, administration, and enforcement of this chapter:
- DEALERS IN SECONDHAND GOODS
- 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.
- Shall include any person who:
- A. 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; or
- B. Purchases personal property with an express or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or
- C. 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 in Subsection C of the definition of "pawnbrokers" in this section.
- 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.
- POLICE DEPARTMENT
- The Township of Muhlenberg Police Department or any successor entity which provides law enforcement services within the Township.
- TARGET GOODS
- 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.
- The Township of Muhlenberg, Berks County, Pennsylvania.
Each pawnbroker or dealer in secondhand goods shall keep a book, legibly written in the English language, in which shall be recorded:
A full and accurate description of all articles purchased or left in pawn with him/her, including any serial number thereon.
The date and time of pawning or purchasing the same.
The date and time when such pawned or pledged article is to be redeemed.
The amount of money lent or paid therefor.
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.
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 the seller in secondhand goods in the transaction. Such information shall be supplied to the Police Department as part of the report required hereunder.
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 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 an 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 authorized representatives to inspect and target goods in their possession at any time during regular business hours. Failure to timely submit the 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.
Whoever violates any provision of this chapter shall be fined not more than $600 and, in default of payment thereof, shall be imprisoned for not more than 30 days. Each day or portion thereof on 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 fines shall be in addition to any other fine which may be imposed under the provisions of any other ordinances of the Township, Pennsylvania law, or federal law.
All other sections, parts and provisions of the Code of the Township of Muhlenberg shall remain in full force as previously enacted and amended, except as amended hereby.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this chapter, it being the intent of the Board of Commissioners that the remaining chapter shall be and shall remain in full force and effect.
This chapter shall take effect and be in force from and after its enactment as provided by law.