Part 3

Pawnbrokers, Secondhand Dealers, Auto Dismantlers and Junk Dealers

Unless otherwise expressly stated, or the context clearly indicates a different intention, the following terms shall, for the purpose of this part, have the meanings indicated in this section. (Added by Ord. 69, adopted 12-23-57)

An "auto dismantler" is any person who buys, sells, exchanges, otherwise deals in or in any other manner comes into possession of any motor vehicle as defined in the statutes, for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle, whether for the purpose of selling, utilizing or otherwise disposing of the component parts of such vehicle, or for the purpose of selling, utilizing or otherwise disposing of the component materials of such vehicle either as junk or otherwise. (Amended by Ord. 317, adopted 11-14-66)

A "junk dealer" is any person having a fixed place of business in the City and engaging in, conducting, managing, or carrying on the business, either wholesale or retail, or buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk.

(Added by Ord. 69, adopted 12-23-57)

A "pawnbroker" is any person engaging in, conducting, managing or carrying on a business of loaning money on the security of personal property pledged in his keeping, or of purchasing personal property, and agreeing at or before the time of purchase to resell the same to the vendor at a stipulated price.

(Added by Ord. 69, adopted 12-23-57)

A "pawnshop" is defined to be any room, store or place in which the business of a pawnbroker is conducted.

(Added by Ord. 69, adopted 12-23-57)

A "secondhand dealer" is any person whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand personal property.

The provisions of this part shall not apply to any identifiable secondhand tangible personal property which has been acquired in good faith as part or complete payment for other personal property by a person whose principal business is primarily that of selling new personal property directly to the consumer.

(Amended by Ord. 317, adopted 11-14-66)

"Identifiable," as used in this part, means secondhand tangible personal property which bears a serial number or personalized initials or inscription and shall include secondhand tangible personal property which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. (Added by Ord. 317, adopted 11-14-66)

Every pawnbroker, secondhand dealer, junk dealer or auto dismantler shall submit an original and duplicate report of all identifiable secondhand tangible personal property which he has purchased, taken in trade, taken in pawn, accepted for sale or consignment, or accepted for auctioning to the Chief of Police not later than 12 noon of the day following the acquisition of such property on forms obtained from the Chief of Police. The triplicate copy of the report will be retained by the dealer for a period of three years. Every such report and all goods, wares, merchandise and things pledged to, purchased by, or received by any such pawnbroker, secondhand dealer, junk dealer or auto dismantler shall be open at all times during business hours to the inspection of any police officer of the City. (Amended by Ord. 317, adopted 11-14-66)

Every report and record required by the terms of this part to be filed or kept shall be written or printed in English language in a clear and legible manner. Such report shall show the hour of the day when each article was received on deposit, pledged or purchased, and the true name and address, as nearly as the same are known or can be ascertained, of the person by whom such article was left on deposit, pledged, or sold, together with a description of such person. Such report shall show the number of the pawn ticket, amount loaned, amount of purchase and an accurate description of each article left on deposit, pledged or purchased. A copy of this part, to be furnished by the City Clerk, shall be kept conspicuously posted in the place of business of every such pawnbroker, secondhand dealer, or auto dismantler. (Amended by Ord. 317, adopted 11-14-66)

(Repealed by Ord. 317, adopted 11-24-66)

The Chief of Police shall cause to be filed in the office of the Police Division all reports received pursuant to the terms of this part and the same shall be open to inspection only by members of the Police Division of the City.

(Added by Ord. 69, adopted 12-23-57)

No person engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer, auto wrecker, or any agent or employee of any such person, shall fail, refuse, or neglect to file any report in accordance with the provisions of this part, or shall fail, refuse or neglect to keep any record as required by this part, or shall fail, refuse or neglect to exhibit to any police officer of the City immediately upon demand for the privilege of such inspection, any such record or any goods, wares, merchandise or things pledged to or purchased or received by such person.

(Added by Ord. 69, adopted 12-23-57)

No pawnbroker, secondhand dealer, junk dealer or auto wrecker shall sell or otherwise dispose of any article or thing within 30 days after such article or thing has been purchased or received by him.

(Added by Ord. 69, adopted 12-23-57; amended by Ord. 971, adopted 1-11-94)

(Repealed by Ord. 317, adopted 11-14-66)

No person shall engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, auto dismantler or junk dealer, without having first obtained a permit from the City to do so in the manner provided by this article.

(Amended by Ord. 317, adopted 11-14-66)

If any person shall engage in, conduct, manage, or carry on, at the same time, more than one of the businesses defined and referred to in this part, such person shall be deemed to be engaged in conducting, managing and carrying on each such business separate and apart from the other such business, and such person shall comply in all respects with the provisions of this article relating to each such business, and no person shall fail, refuse or neglect to do so. (Added by Ord. 69, adopted 12-23-57)