Legislation

Being a by-law of the City of Dartmouth with respect to the licensing of junk dealers, second hand dealers and pawnbrokers.

The Council of the City of Dartmouth enacts as follows:

1. In this by-law:

(a) "City" means the City of Dartmouth;

(b) "Junk Dealer" means a person, firm, corporation or partnership engaged, either permanently or temporarily, in the business of buying junk;

(c) "Pawn" means to give, pledge or deposit goods as security for the payment of a debt or return of a loan;

(d) "Pawnbroker" means a person, firm, corporation or partnership whose business it is to lend money on goods left, pledged or deposited as security for a loan;

(e) "Second Hand Dealer" means a person, firm, corporation or partnership engaged in the business of buying or selling, or both, of second hand goods, and for greater clarity, the sale of second hand goods includes the sale of antiques.

2. (1) No junk dealer, second hand dealer or pawnbroker shall carry on the business of a junk dealer, second hand dealer or pawnbroker in the City without having a valid licence pursuant to this by-law.

(2) Notwithstanding subsection (1), a junk dealer or pawnbroker who sells second hand goods shall not be required to have a second hand dealer's licence if he has a valid junk dealer's or pawnbroker's licence.

3. A license obtained pursuant to Section 2 shall be prominently displayed in the place of business of the licensed junk dealer, second hand dealer or pawnbroker.

4. No person shall be eligible for a licence pursuant to Section 2 if, within the 5 years prior to the application for a licence:

(a) in the case of an individual, he or she,

(b) in the case of a corporation, any officer of director;

(c) in the case of a partnership, any partner has been convicted of the possession of stolen goods.

5. (1) Any junk dealer, second hand dealer or pawnbroker holding a licence under this by-law who is convicted of possession of stolen goods shall have his license revoked.

(2) Any junk dealer, second hand dealer or pawnbroker whose licence is revoked pursuant to subsection (1) shall not be eligible for a new licence under this by-law for a period of 5 years from:

(a) the date of conviction; or

(b) the date of any subsequent conviction for the same offence whichever is the later date.

6. (1) Every junk dealer shall keep a written record of the following:

(a) the name and address of every person from whom he purchases junk;

(b) the date of purchase and a description of the junk purchased;

(c) the license number of any motor vehicle used in delivering the junk to the junk dealer.

(2) Every second hand dealer shall keep a written record of the following:

(a) the name and address of every person from whom he purchased second hand goods;

(b) the date of purchase and description of the second hand goods purchased;

(c) the license number of any motor vehicle used in delivering the second hand goods to the second hand dealer.

(3) Every pawnbroker shall keep a written record of the following:

(a) the name and address of every person who pawns goods with him;

(b) the date the goods were pawned and the description of goods pawned; and

(c) the licence number of any motor vehicle used in delivering the goods pawned to the pawnbroker.

7. The records referred to in section 6 shall be:

(a) kept by the junk dealer, second hand dealer or pawnbroker for a period of 3 years from the date of the transactions recorded therein;

(b) made available immediately for scrutiny upon the request of a police officer.

8. (1) Every junk dealer, second hand dealer and pawnbroker shall file records, in the form attached hereto as Schedule "A", with the Chief of Police of the City.

(2) The records required by subsection (1) shall be filed every seven days, and shall show all transactions which took place within the previous seven day period.

9. (1) If any person:

(a) offers goods for sale to a junk dealer; or

(b) offers goods for sale to a second hand dealer; or

(c) attempts to pawn goods to a pawnbroker under circumstances which would reasonably induce a dealer or pawnbroker to believe the goods were illegally obtained, then a dealer or pawnbroker so approached shall immediately inform the City police.

(2) A second hand dealer, junk dealer or pawnbroker shall supply the name and address of any person offering for sale, or attempting to pawn, goods obtained by illegal means if that information is known to the dealer or pawnbroker.

10. The fee for a licence pursuant to this by-law shall be $400.00 per year or part thereof.

11. A licence granted under this by-law shall expire on the 31st day of December each year.

12. Any person contravening or failing to comply with any provisions of this by-law shall be liable on conviction to a fine not exceeding two thousand dollars and in default of payment thereof to imprisonment for a period not exceeding sixty days.

13. By-law J-100 as amended is hereby repealed.

_______________________________
Mayor

_______________________________
City Clerk

TO: THE CHIEF OF POLICE
Dartmouth, N. S.

Date:_______________________19

I hereby certify that the following is a correct copy of the entries in my book of all articles received during the 7 days immediately preceding the date of this Certificate in compliance with the By-law regulating the same, and that the said entries are in

Report
of_________________Signature__________

A.M.

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P.M. Make

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Serial Number

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Color

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Model or other information

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PERSON SELLING ARTICLE

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AGE------ NAME (PRINT)--------SIGNATURE

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HEIGHT----------ADDRESS

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WEIGHT---------NATIONALITY

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NATIONALITY

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POLICE REMARKS AND OTHER INFORMATION

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