Big Bear Lake Municipal Code Ch. 5.80 Sale or Trade of Personal Property

The city council finds that stolen property has been, and is presently being, sold or traded at public gatherings known as "swap meets;" that innocent purchasers are thereby defrauded; that the opportunity to dispose of stolen property with little risk of detection encourages crime and juvenile delinquency; that the sheriff is unable to control the sale of stolen property or to recover it for its owners without a means of control such as that set forth in this chapter; that the immediate preservation of the public peace and safety requires this chapter to be passed as an emergency measure.

(Ord. 82-72 § 1(part), 1982)

"Identifiable, tangible personal property" as used in this chapter, means tangible personal property which bears a serial number or personalized initials or inscription and shall include tangible personal property which, at the time it is offered for sale or exchange, bears evidence of having had a serial number or personalized initials or inscription. This chapter shall not apply to retail or wholesale business firms operating at permanent locations in the city, whose principal business is the sale or resale by the firms themselves of personal property directly to the consumer or retailer.

(Ord. 82-72 § 1 (part), 1982)

Every person who attends a public meeting, assembly or gathering outside this city for the purpose of selling, trading or offering for sale or trade any identifiable, tangible personal property shall, prior to the time that he offers any property by him to the public for sale or exchange, submit a list of all of the identifiable, tangible personal property proposed to be sold or traded together with the other information as set forth in Section 5.80.020 to the owner, manager or proprietor of the premises. Any person any pays a fee for the privilege of selling or trading personal property or who displays any personal property to the public at a swap meet or location where personal property is generally sold or traded other than by the licensed owner or lessee, shall be deemed to have attended a public meeting, assembly or gathering for the purpose of selling or trading all identifiable, tangible personal property in his immediate possession, even though some or all of the identifiable, tangible personal property has not been included in the list of property or has not (yet) been offered for sale or exchange.

(Ord. 82-72 § 1(part), 1982)

A. The list of property referred to in the Section 5.80.020 shall contain the following:

1. The name, address and description of the person who proposes to sell or trade identifiable, tangible personal property;

2. An accurate enumeration and description of all of the identifiable, tangible personal property, the description to include the serial number or other identifying mark(s);

3. A certification by the proposed seller or trader that all the information in the form is accurate, that he is the lawful and legal owner of the listed property, and that such property is free of liens and encumbrances.

B. Upon demand by any peace officer, the owner, manager or proprietor shall deliver him the list of property to compare with the property being sold or traded. Unless the list is delivered to a peace officer, the owner, manager or proprietor shall deliver the list to the sheriff within twenty-four hours after its submission to the owner, manager or proprietor.

(Ord. 82-72 § 1(part), 1982)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. No person shall be deemed to have substantially complied with the provisions of this chapter:

A. If he fails to list all identifiable, tangible personal property proposed to be sold or traded; or

B. If he fails to list the correct serial number or identifying mark(s) of the property; or

C. If he willfully gives false information on the list relating to the identity of himself or the property even though such information is not specifically required by this chapter.

(Ord. 82-72 § 1 (part), 1982)