Loading...
HomeMy WebLinkAboutOrdinances - MC-12-1057 - 10/01/2012 - ART I PAWNBROKERS AND SECOND HAND DEALERSORDINANCE NO. MC-12-1057 An Ordinance Amending Various Sections of Article I, Pawnbrokers and Secondhand Dealers, in the Municipal Code, City of McHenry, Illinois WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The following definitions in Section 12-21 of Article I in the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: 2. Secondhand Dealer: Every owner, operator or employee engaged in the business ofthe pur- chase, sale, trade or barter of secondhand articles, including but not limited to recyclable ma- terials, scrap metal, electronics, video game systems/video games/video game accessories, jewelry, collectable coins, valuable and/or precious metals and stones, or household goods, shall be deemed to be a secondhand dealer, whether such dealer operates from a fixed store- front business, or is conducting business on a temporary, short-term basis from a non -fixed location. 4. Junk/Scrap: Manufactured articles or parts that are non -precious metals that have been dis- carded and are useful only as materials for reprocessing or recycling. SECTION 2: The following definitions shall be added to Section 12-21 of Article I in the Municipal Code, City of McHenry, Illinois: 5. Individually Identifiable Articles: Non-junk/scrap articles that are individually identifiable by a serial number, or other applied numbers, letters, characters or makings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. Precious Metals: Manufactured articles or part consisting primarily of gold (chemical sym- bol Au), silver (chemical symbol Ag), platinum (chemical symbol Pt) or palladium (chemical symbol Pd), but not including articles merely plated with these materials or article that are similar in color to these metals but not actually consisting of them. SECTION 3: Section 12-22, Exemptions, of Article I in the Municipal Code, City ofMcHen- ry, Illinois, shall be amended to read as follows: Page 1 This article shall not apply to: The purchase or sale of used motor vehicles, including motorcycles and motor driven cycles, as defined in the Illinois Vehicle Code; or, 2. Charitable organizations that accept donated goods for resale as a fund raising program for the charity; or Any articles purchased by a pawnbroker or secondhand dealer from another pawnbroker or secondhand dealer; or 4. Businesses that solely deal in collectable coins and paper currency. SECTION 4: Section 12-24-1-A-ii-b of Article I in the Municipal Code, City of McHenry, Il- linois, is hereby repealed and the remaining subsections shall be re -lettered. SECTION 5: Section 12-24-2-B-i of Article I in the Municipal Code, City of McHenry, Illi- nois, shall be amended to read as follows: Licensees do not need to record/report any information pertaining to the sale ofjunk/scrap material. SECTION 6: Section 12-28, Waiting Periods, of Article I in the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: No articles received on deposit or pledge of any pawnbroker, shall be permitted to be re- deemed or removed from the place of business of such pawnbroker for the space of forty- eight (48) hours after the delivery of the signed receipt required by Section 12.25, Pawnbro- kers Issuance of Signed Receipt. No articles pawned or pledged shall be sold or disposed of by any pawnbroker within one (1) year from the time the pawner or pledger shall make de- fault in the payment of interest on the money so advanced by the pawnbroker, unless by the written consent of the pawner or pledger. Individually Identifiable Articles (excluding precious metals): No pawnbroker or secondhand dealer shall expose for sale, or sell or barter, or melt, crush/compact, destroy, or otherwise dispose of any non-scrap/junk article that is individually identifiable within thirty (30) days of the time of purchasing or receiving the same, nor until the same has been in or upon the premises where the same are offered, exposed, bartered, or sold at least thirty (30) days. Dur- ing this thirty (30) day time period, articles must be kept on site and available for inspection pursuant to Section 12-33, Inspection of Premises by Police, upon request. Page 2 3. Precious Metal Articles: No pawnbroker or secondhand dealer shall expose for sale, or sell or barter, or melt, crash/compact, destroy, or otherwise dispose of any non-scrap/junk article within ten (10) days of the time of purchasing or receiving the same, nor until the same has been in or upon the premises where the same are offered, exposed, bartered, or sold at least ten (10) days. During this ten (10) day time period, articles must be kept on site and available for inspection pursuant to Section 12-33, Inspection of premises by Police, upon request. 4. Waiting Period Exemptions: a. Coins, paper money and bullion that have no distinguishing characteristics that sepa- rate them from other such items are not subject to a waiting period so long as the transaction has been recorded in compliance with Section 12-24, Record of Transac- tions. b. Junk/scrap articles shall have no waiting period restriction so long as the transaction has been recorded in compliance with Section 12-24, Record of Transactions. SECTION 7: Section 12-33, Inspection of Premises by Police, of Article I in the Municipal Code, City of McHenry, Illinois, shall be amended to read as follows: The police chief or his designee shall have general supervision over all pawnbrokers and secondhand dealers and shall also have power to inspect their respective places of business. This inspection shall be limited to (1) confirming the proper posting of a pawnbroker license or a secondhand dealer li- cense and (2) inspection of record books, computers and inventory directly related to the purchase and sale of articles deemed to be identified as transactions under this article. All inspections must take place at the business and during normal operating hours of the business. SECTION 8: If any section, paragraph, subdivision, clause, sentence or provision of this Or- dinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and con- tinue in full force and effect. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Page 3 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon Voting Nay: None Absent: None Abstain: None APPROVED: ✓LQL 2�x� Njayor Susan E. Low (SEAL) ATTEST: Qiltyj erk Jan' a 'Jones Passed: Octobe2 Approved: October 1, 2012 Page 4 CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the .l" day of October, 2012, the foregoing Ordinance entitled An Ordinance Amending Various Sections of Article I, Pawnbrokers and Secondhand Dealers, in the Municipal Code, City of McHenry, Illinois, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. MC-12-1057, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 15th day of October, 2012, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is en- trusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this _15`h day of October, 2012. IkGA VeeC. Jan cc ones, C rk City of M enry, McHe ounty, Illinois (SEAL)