[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 4-6-1981 by HB No.
5-81. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, unless otherwise specified, pawnshop dealers, dealers
in secondhand personal property and junk dealers.
Any person, corporation, member or members of a corporation
or firm who buy, sell, take in trade or are otherwise in the business
of buying and selling secondhand personal property. "Dealers in secondhand
personal property" shall include but not be limited to the following:
antique dealers; coin dealers; gun dealers; television dealers; electrical
appliance dealers; jewelry dealers; gold and silver dealers; pawnshops,
when trading or buying secondhand personal property; and any dealer
who purchases or otherwise acquire any secondhand heating equipment,
plumbing fixtures or similar property from a junk dealer.
Every person, corporation, member or members of a corporation
or firm who buy, sell, trade or are otherwise in the business of buying
and selling any junk or scrap materials.
Any person, corporation, member or members of a corporation
or firm who loans money on deposits or pledge on personal property
or other valuable things, other than securities or printed evidences
of indebtedness, or who deals in the purchasing of personal property
or other valuable things on condition of selling the same back at
a stipulated price.
Every dealer shall keep at the place of business a book or books
in which shall be legibly written, in English, at the time of each
transaction in the course of the business, an accurate account of
such transaction, except as to the purchase of rags, bones, old iron
and paper by junk dealers, setting forth an accurate description of
goods, articles or things purchased or taken in pledge or received
on account of money paid therefor and the name, residence and description
of the person selling or delivering the same and the license number
of the motor vehicle, wagon or pushcart in which the goods, articles
or things are delivered. Said description of the person shall include
the race, sex, approximate height and date of birth and any distinguishing
feature of such person.
No dealer or his agent or employee shall receive, buy, trade,
exchange or otherwise acquire an interest in any goods or thing from
any person under the age of 18 years. Any statement made to a dealer
or his agent or employee by a person under the age of 18 years to
the effect that he is over the age 18 years shall not excuse such
dealer, agent or employee from any violation of this provision. In
this regard, the dealer must require proof of identity.
No person who sells or otherwise disposes of goods, wares or
merchandise to a dealer or his agent or employee shall fail or refuse
to give his true name, correct date of birth and correct address.
Reliable identification will be required by the dealer.
A.
All goods, articles or things consisting, in whole or in part, of
aluminum, babbitt, brass, bronze, copper (light and heavy), lead,
low-carbon chrome, low-carbon manganese, molybdenum, Monel Metal,
pewter, nickel, tin, vanadium and zinc and all stoves, ranges, plumbing
fixtures or supplies, electrical fixtures or wiring, gas fixtures
or appliances, water faucets, pipes, locks, bathtubs, hot-water heaters
and household furniture and furnishings of every description purchased
or received on account of money paid therefor or deposited with any
dealer, except regular motor vehicle dealers, for the purpose of sale,
trade or speculation by such dealer for the account of the owner or
otherwise, except motor vehicles and parts thereof, rags, bones, old
iron and paper purchased by junk dealers and except as otherwise provided
in this chapter, shall be reported to the Chief of Police. Such goods,
articles and merchandise so described shall be kept on the premises
of the dealer as hereinafter provided and shall not be sold, altered
or otherwise disposed of for a period of at least 15 days from the
date of purchase or deposit, as aforesaid, unless consent, in writing,
is first had and obtained from the Chief of Police; and any such goods,
articles or merchandise shall not be sold or otherwise disposed of
for an additional 15 days on written notice from the Chief of Police
that there are reasonable grounds to believe that such goods, articles
or items of merchandise have been stolen.
B.
Jewelry and precious metals. Precious stones, articles of jewelry
and any item composed, in whole or part, of gold, silver or platinum,
when deposited with a dealer for the purpose of sale, trade or speculation
by such dealer for the account of the owner or otherwise, shall be
reported to the Chief of Police. All such items shall be kept on the
premises of the dealer, as herein provided, and shall not be sold
or otherwise disposed of for a period of at least 30 days from the
date of purchase or deposit. No dealer shall melt, vulcanize or otherwise
destroy or change the identify of or dispose of any item described
in this subsection for a period of 30 days from its receipt.
C.
Information required.
(1)
The dealer shall not purchase or otherwise acquire such equipment
or supplies unless the seller furnishes the dealer with a signed statement
showing his name and address, a description of the material being
purchased or acquired, the location or locations from which he secured
the material, the signature of the owner of the premises from which
the material was removed and the name and address of the owner of
the premises from which the material was removed. If the seller is
unable to read and write, the owner of the premises from which the
material was removed may complete this statement for him.
(2)
All such statements given to dealers under the provisions of this
section shall be retained by them for at least one year and made available
to the Chief of Police so as to compare the information on the form
and statement with the materials in the custody of the dealer.
(3)
The Chief of Police, at periodic intervals in his discretion, may
conduct inspections of dealers, as herein defined, to assist in the
enforcement of this section.
D.
Other purchases. Nothing contained in this section shall apply to
any merchandise purchased from other dealers having a fixed place
of business or to any merchandise deposited by one dealer with another
dealer for sale, provided that the former dealer has complied with
the provisions of this chapter.
A.
Every dealer shall every day except Sunday, before the hour of 10:00
a.m., deliver to the Chief of Police a legible and accurate description
of every article or thing received by him during the business day
next preceding, except as to the purchase of rags, bones or paper
by a junk dealer, and the license number of any motor vehicle, wagon
or pushcart in which the goods, articles or things are delivered,
together with a description of the person selling or delivering the
same, including the name and address, social security number, if the
vendor has one, race, sex, approximate height and date of birth and
any distinguishing features of such person. Such daily report shall
further include a description of material being purchased or acquired
and, when applicable, the location or locations from which the material
was secured and the name of the owner of the premises from which the
material was secured.
B.
Instructions. In preparing said list, the following instructions
shall be strictly adhered to:
(1)
All articles, such as guns, pistols, typewriters, microscopes, bicycles,
etc., shall be reported by the maker's name and number, together
with any initials, inscriptions or any peculiar distinguishing marks
or characteristics.
(2)
Diamonds and other precious stones shall be described by giving the
approximate weight of the stone, style of mounting, whether lady's
or gentleman's ring, the number of stones and any initials, inscriptions,
scratch numbers or peculiar distinguishing marks or characteristics.
(3)
Watches shall be designated by the kind of metal, maker's name,
movement number, case number, kind of movement, whether lady's
or gentleman's and any initials, inscriptions, scratch numbers
or peculiar distinguishing marks or characteristics.
(4)
All jewelry shall be described as to kind, character and whether
lady's or gentleman's, number of stones, name of each stone
and any initials, inscriptions or peculiar distinguishing marks or
characteristics, in the case of rings, the design or setting and whether
lady's, gentleman's or child's.
(5)
Chains shall be designated by kind, character of metal or other material,
design of link and whether lady's, gentleman's or child's
and, in all cases, any inscriptions, initials or peculiar distinguishing
marks or characteristics.
(6)
Silverware shall be designated by the kind or character, maker's
name and any initials, inscriptions or peculiar distinguishing marks
or characteristics.
(7)
Furs shall be designated by kind; character; whether lady's,
gentleman's or child's; color; maker's, owner's
or alterer's name, if any attached; or any initials, inscriptions
or peculiar distinguishing marks or characteristics.
(8)
Field, marine and opera glasses, binoculars, etc., shall be designated
by a full description, maker's or owner's name and all initials,
inscriptions or peculiar distinguishing marks or characteristics.
(9)
Instruments, such as surgical, architectural, mathematical, surveying,
etc., shall be designated by the kind, character, design, name of
maker and any initials, inscriptions or peculiar distinguishing marks
or characteristics, whether upon the case or the instruments.
(10)
Tools shall be designated by the trade in which the same may
be used, whether carpenter's, machinist's or otherwise,
also, all numbers, name of maker or number and any initials, inscriptions
or peculiar distinguishing marks or characteristics, whether upon
the tools or upon the box or case.
(11)
Clothing shall be designated by kind; character; whether lady's,
gentleman's or child's; color; size; material; maker's,
owner; alterer's name, if attached; and any initials, inscriptions
or peculiar distinguishing marks or characteristics.
The provisions of this chapter shall not apply to secondhand
material purchased from any regular motor vehicle dealer, public utility
corporation, governmental agency, industrial plant, licensed electrical
or plumbing contractor or to purchases at judicial sales.
Every person who shall be convicted of violating any of the
provisions of this chapter shall be guilty of a misdemeanor shall
pay a fine not exceeding $500 and/or imprisoned for not more than
60 days.
