SPRINGDALE CODE OF ORDINANCES: Chapter 94 SECONDHAND GOODS*

ARTICLE I.
IN GENERAL

Cross reference(s)--Businesses, ch. 26; environment, ch. 42; health and sanitation, ch. 54; planning, ch. 90.

State law reference(s)--Scrap metal dealers, A.C.A. § 17-37-101 et seq.

It shall be unlawful to operate or carry on the business of junk dealer, auto salvage yard, or to keep any junk shop, store or place for the purchase or sale of junk, rags, old rope, paper or bagging, old iron, brass, copper or empty bottles, salvage or demolished automobiles or parts therefrom, used furniture or appliances without having obtained a license therefor as is hereinafter provided. Applications for such licenses shall be made in conformance with the provisions of chapter 26, pertaining to businesses.

(Code 1973, § 17-1)

Cross reference(s)--Solid waste, ch. 102.

State law reference(s)--Authority to regulate, A.C.A. § 14-54-104.

Sec. 94-27. Zoning restriction.

Licenses shall not be issued to create or establish any salvage or junkyard business unless the premises, area or piece or parcel of land to be licensed is located in an authorized district as shown by the ordinances and zoning plats of the city on file in the office of the city clerk.

(Code 1973, § 17-2)

Sec. 94-28. Entrances, exits; fences.

Any premises, area or piece or parcel of land licensed and used as a junkyard or salvage yard whether now existing or hereafter created shall have entrances and exits, areas, pieces or parcels of land enclosed with walls, or other fences.

(Code 1973, § 17-3)

Sec. 94-29. Penalty.

Any person who violates any provision of this article shall, upon conviction, be punished as provided by section 1-9 and each day's failure of compliance with any of such provision shall constitute a separate violation.

(Code 1973, § 17-8)

ARTICLE III.
RECORD KEEPING

Sec. 94-30. Definitions.

For the purpose of this section the following words and phrases shall be defined as follows:

Items of household furniture shall mean and include the following items: Chairs, tables, sofas, lounges, and lamps of all types; pianos, organs, beds and the components thereof; chests and other items of whatever nature used for the household storage of clothing.

Major appliances shall mean to include the following items: Stoves, and ranges refrigerators and freezers; clothes washers and dryers; dishwashers; trash compactors and vacuum cleaners.

Money purchase shall mean when dealers of secondhand articles pay by cash or by check for the purchase of secondhand articles.

Secondhand article shall mean any item of tangible personal property, except those expressly excluded herein, which shall have been sold either one or many times previous to the sale of the item regulated herein. The term "secondhand article" shall include video games, compact disks, (CD's), digital video disks, (DVD's), and gaming systems; it shall not include used books, motor vehicles, motor vehicle parts, items of household furniture, nor major appliances.

(Ord. No. 3946, § 1, 8-22-06; Ord. No. 3981, § 1, 10-24-06)

Sec. 94-31. Penalties.

(Ord. No. 3946, § 1, 8-22-06; Ord. No. 3981, § 1, 10-24-06)

Sec. 94-32. Register of purchases--Required.

Any person carrying on or engaging in the for profit business of purchasing secondhand articles and any person who shall purchase such articles for profit incidental to any other business activity shall maintain a daily register of the names and addresses of all parties from whom money purchases are made with the description of the article purchased from such person.

(Ord. No. 3946, § 1, 8-22-06; Ord. No. 3981, § 1, 10-24-06)

Sec. 94-33. Exceptions--Not applicable to pawnbrokers; other exceptions.

Nothing contained in sections 94-30 through 94-35 shall apply to pawnbrokers within the City of Springdale, Arkansas, as pawnbrokers are required to maintain certain records pursuant to Arkansas Code Annotated. Further, nothing contained in section 94-32 shall be construed to apply to returns of merchandise to any person where the article returned has been previously purchased from such person by the person making such return; nor apply to purchases of articles from any sale held pursuant to the orders of any court.

(Ord. No. 3946, § 1, 8-22-06; Ord. No. 3981, § 1, 10-24-06)

Sec. 94-34. Delivery to chief of police.

All daily registers required to be kept under section 94-32 shall be furnished on the 1^st and 15^th of each month to the chief of police, or the chief's designated agent. The records required to be provided to the chief or the chief's designated agent may be mailed by regular mail, electronic mail, or by personal delivery to the chief or the chief's designated agent.

(Ord. No. 3946, § 1, 8-22-06; Ord. No. 3981, § 1, 10-24-06)

Sec. 94-35. Purchase from minors.

It shall be unlawful for any person who deals in secondhand articles to make a money purchase of any secondhand article from any minor without first obtaining the consent of the parent or guardian of such person.

(Ord. No. 3946, § 1, 8-22-06; Ord. No. 3981, § 1, 10-24-06)

Secs. 94-36--94-39. Reserved.

ARTICLE IV.
PAWN SHOPS AND PAWNBROKERS

Sec. 94-40. Definition of pawnbroker.

Pawnbroker means a person engaged in the business of lending money upon the security of goods deposited with it or left in pawn, with or without a fixed period of redemption, whether or not a fixed place of business is maintained for such purposes.

(Ord. No. 4033, § 1, 2-27-07)

Sec. 94-41. Electronic recordkeeping by pawn shops or pawnbrokers.

(a) Each and every owner or operator of a pawn shop or pawnbroker doing business in the City of Springdale, Arkansas, shall within six months of the adoption of this article, maintain an electronic inventory tracking system which is capable of delivery and transmission of all statutorily-required information via computer to the entity designated by the Springdale Police Department.

(b) The owner or operator of a pawn shop or pawnbroker will be required to upload the information to the entity designated by the Springdale Police Department within two business days of the receipt of the goods purchased (pawned).

(Ord. No. 4033, § 1, 2-27-07)

Sec. 94-42. Delivery to chief of police.

Until the electronic recordkeeping is implemented as provided by the previous section, persons or businesses required to keep the records specified in section 94-41 shall deliver a copy of the records for the past seven days to the chief of police or his/her designee, typewritten and in a form approved by the chief of police, by 9:00 a.m. on the first business day of each week.

(Ord. No. 4033, § 1, 2-27-07)

Sec. 94-43. Removal of property.

No property bought or received in pawn shall be sold, leased or otherwise removed from the pawnbroker or dealer's place of business, except for redemption by the person who placed the property in pawn, for a period of seven days after the record of acquisition as required in this article has been delivered to the chief of police or his/her designee.

(Ord. No. 4033, § 1, 2-27-07)

Sec. 94-44. Inspection of records.

The records required to be kept pursuant to this article and all properties bought, received or held by any pawnshop owner or pawnbroker shall be open and accessible to any officer of the police department for inspection or other official business at any and all times.

(Ord. No. 4033, § 1, 2-27-07)

Sec. 94-45. False or incorrect information.

No pawnbroker or owner/operator of a pawnshop shall report any false or incorrect information on the records and reports required in this article.

(Ord. No. 4033, § 1, 2-27-07)

Sec. 94-46. Violations.

The failure on the part of any owner or operator of a pawn shop or pawnbroker to comply with the provisions of this section shall be deemed a misdemeanor, and punishable as set out in section 1-9 of this Code.

(Ord. No. 4033, § 1, 2-27-07)

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