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THE CORPORATION OF THE CITY OF COURTENAY
BYLAW NO. 2524
A Bylaw to provide for the regulation of second-hand dealers
WHEREAS, Council may, pursuant to s. 8(6) of the Community Charter, regulate in relation to
business;
AND WHEREAS, Council considers it necessary to regulate the businesses of second-hand
dealers within the City of Courtenay;
AND WHEREAS, Council may, pursuant to s. 59 of the Community Charter, require and prohibit
in relation to persons engaged in the business activity of purchasing, taking in barter or receiving
used or second hand goods;
AND WHEREAS, Council may, pursuant to s. 154 of the Community Charter, delegate its
powers, duties and functions to an officer or employee of the City;
AND WHEREAS, Council has given notice of its intention to adopt this Bylaw by publishing
such notice in the Comox Valley Echo on January 11th, 2008 and January 15th, 2008, and has
provided an opportunity for persons who consider they are affected by this Bylaw to make
representations to Council at a Council meeting pursuant to s. 59 of the Community Charter on
January 21st, 2008;
NOW THEREFORE the Council of the City of Courtenay, in open meeting assembled, enacts as
follows:
SECTION 1 - INTRODUCTION
1.1
TITLE
This bylaw may be cited for all purposes as "Second-Hand Dealers Bylaw No. 2524, 2008"
1.2
DEFINITIONS
In this bylaw:
"Authorized Person" means the person appointed by Council as head of the Regulatory and
Property Services Department, or a person designated in writing by the head of the Regulatory
and Property Services Department, to carry out any act or function under this Bylaw.
"Chief of Police" means the appointed Officer in Charge of the Comox Valley Detachment of
the Royal Canadian Mounted Police, or a person designated in writing by the appointed Officer
in Charge of the Comox Valley Detachment of the Royal Canadian Mounted Police to carry out
any act or function under this Bylaw;
"City" means the City of Courtenay;
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"licence" means a licence to carry on a business under the Business Licence Bylaw 2523, 2008;
"minor" means a person under the age of majority established by the Age of Majority Act and
does not include any person who, when requested to do so by any person holding a licence,
produces picture identification that on reasonable examination indicates that the person is not
under the age of majority;
"pawn" means the deposit of property as a pledge or collateral security for a debt;
"pawnbroker" means a person who carries on the business of taking property in pawn, or who
operates a pawnbroker's premises;
"pawner" means a person who pawns property to a pawnbroker
"picture identification" means:
a)
a driver's license or passport issued by the Government of Canada or any other
photo identification card issued by a ministry, department, or agency of any
province of Canada or of the Government of Canada;
b)
a driver's license issued by the government of a state of the United States or a
ministry, department or agency of any such government; or
c)
a passport issued by a government of a foreign state recognized by Canada; that
has not expired and includes a photograph of the bearer, and the date of issuance
of which is not more than five years before the date of its production, under this
Bylaw, for the purpose of identification;
"police force" means the Comox Valley Detachment of the Royal Canadian Mounted Police;
"premises" means any shop, store, or other place of business;
"purchase" means to buy, barter, deal in, take in exchange, take in part payment, acquire, acquire
on consignment, or receive, but does not include pawning;
"register" means the second-hand dealers' register referred to in sections 2.2 and 2.3;
"second-hand dealer" means a person who carries on the business of buying, selling, taking in
trade, procuring, offering for sale or accepting in pawn second-hand property, or who operates a
second-hand dealer's premises, and for clarity, "second-hand dealer" includes a pawnbroker;
"second-hand property" means used or pre-owned goods, chattels, wares and merchandise
bought, sold, procured or taken in pawn, and without limiting the foregoing, includes:
a)
jewellery, other than costume jewellery;
b)
electronic home entertainment products, equipment and accessories including
c)
televisions, stereos, computers, telephones, cameras and audio and video
equipment;
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d)
small household appliances including blenders, toasters, coffee makers, vacuums;
e)
construction tools, machinery and parts;
f)
motor vehicles or motor vehicle parts, or both, for the purpose of reselling parts or
components;
g)
metal salvage including pipes, wires, chains, beams, railings, tubes;
h)
musical instruments;
i)
bicycles; and
j)
collectibles;
but does not include:
a)
clothing, shoes, boots and personal accessories;
b)
furniture;
c)
household items such as dishes, pots, pans, cooking utensils and cutlery;
d)
books, papers, magazines, vinyl records, long playing records; or
e)
recyclable cardboard, plastics, glass, paper, bottles, cans and similar household
goods;
f)
large household appliances including washers, dryers, fridges, stoves,
dishwashers; and
g)
electronic equipment and accessories procured for the purposes of recycling
without an exchange or promise of consideration.
1.3
GENERAL PROVISIONS
1.3.1 Unless otherwise defined herein, words and phrases in this Bylaw shall have the meaning
given to them in the Interpretation Act, the Local Government Act and the Community
Charter.
SECTION 2 - REGULATION OF SECOND HAND DEALERS
2.1
Each second-hand dealer must establish and maintain a record, to be called the "Second-
hand Dealer's Register", of all second-hand property purchased or taken in pawn by the
second-hand dealer.
2.2
Each second-hand dealer must, immediately after the purchase or taking in pawn of any
second-hand property, set out in a register in the English language a record of the
purchase or pawn, in chronological order by date of purchase. The record must include:
a) the name and address of the person from whom the second-hand property is
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purchased, or of the pawner from whom the second-hand property is taken in pawn;
b) confirmation of the identity of the seller or pawner by way of picture identification,
which must match the information provided under 2.2 (a);
c) a complete and accurate description of the second-hand property, including the make,
model, and serial number and any identifiable or distinguishing marks on the second-
hand property;
d) a notation as to whether the second-hand property was purchased or taken in pawn;
e) the price paid for the property or the amount paid for the property in pawn; and
f) the date and hour of purchasing the second-hand property or taking the second-hand
property in pawn.
2.3
Each second-hand dealer must:
a) record all information required under section 2.2 electronically;
b) transmit to the Chief of Police electronically, to a database provided by the City of
Courtenay via the Internet using a site licence and password provided by the Chief of
Police, a report consisting of that information set out in sections 2.2 (c) to (f) with
respect to each entry in the electronic register of property purchased or taken in pawn
by the second-hand dealer business, immediately after the purchase or the pawn
occurs;
c) before the close of each business day, print out a hard copy of all electronic register
information recorded during the course of the day, and maintain all such hard copies
as a manual version of the register; and
d) whenever the second-hand dealer is unable, for any reason, to record entries
electronically, revert to maintenance of a handwritten register in the form attached as
Schedule "A" to this Bylaw until electronic recording is again available so that no
gap in the second-hand dealer's record keeping or reporting will exist.
e) if the second-hand dealer is unable, for any reason, to record or transmit
electronically the report required under section 2.3(b), once electronic recording and
transmitting is again available, immediately transmit to the Chief of Police electronic
records for all purchases or pawns made by the second-hand dealer business and not
previously recorded or transmitted.
2.4
A second-hand dealer must not amend, obliterate or erase any entry in the register, either
wholly, partially, electronically or manually.
2.5
Each second hand dealer must:
a) keep at its business premises the register, or any portion of the register, that contains
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any entry that is less than 24 months old;
b) keep within the Province of British Columbia, the register for seven years after the
date of the last entry; and
c) If the second-hand dealer sells, leases, licences or otherwise disposes of its business
to any person or business, transfer possession of the whole register to such person or
business.
2.6
A second-hand dealer must not carry on the business of buying or selling second-hand
property or the taking in pawn of any second-hand property except at the premises
designated in the licence issued under the Business License Bylaw 2523, 2008.
2.7
A second-hand dealer must not purchase or take in pawn any second-hand property from
any person between 8 p.m. of one calendar day and 8 a.m. of the next calendar day.
2.8
A second-hand dealer must not purchase or take in pawn any second-hand property if the
serial number or other identifiable marking has been wholly or partially tampered with or
the second-hand property otherwise shows evidence of theft.
2.9
A second-hand dealer must not purchase or take in pawn any second-hand property from
a minor.
2.10
Each second-hand dealer must place and maintain the second-hand dealer's name and
business address plainly and visibly in English lettering on the front of the second-hand
dealer's premises and on both sides of any vehicle or vessel used in carrying on the
dealer's business.
2.11
Each second-hand dealer, with respect to each item of second-hand property that is
purchased or taken in pawn, must:
a) not alter, sell, exchange, or otherwise dispose of the second-hand property; and
b) not suffer or permit any other person to alter, sell, exchange, or otherwise dispose of
the second-hand property
for a period of 30 calendar days from the date the item is purchased or taken in pawn.
2.12
Notwithstanding section 2.11, a second-hand dealer may return an item of second-hand
property to its original seller or pawner at any time.
SECTION 3 - SEVERABILITY
3.1
If any section, subsection, clause, sub-clause or phrase of this bylaw is for any reason
held to be invalid, unlawful or unenforceable by the decision of any Court of competent
jurisdiction, that section subsection, clause, sub-clause of phrase shall be struck from the
Bylaw and its severance shall not affect the validity of the remaining portions of this
Bylaw.
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SECTION 4 - OFFENCE AND PENALTY
4.1
Every person who violates any provision of this Bylaw, or who permits, suffers or allows
any act to be done in violation of any provision of this Bylaw, or who neglects to do
anything required to be done by any provision of this Bylaw, commits an offence
punishable upon summary conviction and is subject to a fine not less than $2,000 and not
more than $10,000.00, or a term of imprisonment not exceeding three months, or both.
4.2
Each day during which any violation, contravention or breach of this Bylaw continues
shall be deemed a separate offence.
4.3
This Bylaw may be enforced my means of a ticket in the form prescribed for the purpose
of section 264 of the Community Charter.
4.4
Pursuant to section 264(1)(b) of the Community Charter, Bylaw Enforcement Officers,
the Chief of Police, members of the police force and the Authorized Person are
designated to enforce this Bylaw.
4.5
Pursuant to section 264(1)(c) of the Community Charter, the words or expression in
Column 1 of Schedule "B" to this Bylaw designate the offence committed under the
Bylaw section number appearing in Column 2 opposite the respective words or
expression.
4.6
Pursuant to section 265(1)(a) of the Community Charter, the fine amount in Column 3 of
Schedule "B" to this Bylaw is the fine amount that corresponds to the words or
expression and section number set out in Columns 1 and 2 opposite the fine amount.
4.7
Council hereby delegates to Bylaw Enforcement Officers and the Authorized Person the
authority to refer any disputed ticket informations to the Provincial Court.
Read a first time this 7th day of January, 2008
Read a second time this 7th day of January, 2008
Read a third time this 7th day of January, 2008
Finally passed and adopted this 21st day of January, 2008
Mayor
Manager of Corporate Administration
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Schedule "A"
Form of Second-Hand Dealer s Register
The name and address of the person from whom the second-hand property is purchased, or of the
pawner from whom the second-hand property is taken in pawn:
___________________________________________________________________
The type of the picture identification and the name of the authority that issued it, which must
match the information provided above:
___________________________________________________________________
A complete and accurate description of the second-hand property including the make, model, and
serial number and any identifiable or distinguishing marks on the second-hand property:
___________________________________________________________________
A notation as to whether the second-hand property was purchased or taken in pawn:
___________________________________________________________________
The price paid for the property or the amount paid for the property in pawn:
___________________________________________________________________
The precise date and hour of purchasing the second-hand property or taking the second-hand
property in pawn:
___________________________________________________________________
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Schedule "B"
Municipal Ticket Information Fine Schedule
Column 1
Column 2
Column 3
Description of Offence
Section #
Fine
Fail to establish/maintain register
2.1
$500.00
Fail to record address
2.2(a)
$200.00
Fail to confirm identity
2.2(b)
$200.00
Fail to record description of goods
2.2(c)
$200.00
Fail to record price
2.2(e)
$200.00
Fail to record date
2.2(f)
$200.00
Fail to transmit
2.3 (b)
$300.00
Receive property from minor
2.9
$200.00
Dispose of property within 30 days
2.11 (a)
$500.00
Allow disposal of property within 30 days
2.11(b)
$500.00
THE CORPORATION OF THE CITY OF COURTENAY
BYLAW NO. 2558
A Bylaw to Amend Second-Hand Dealers Bylaw No. 2524, 2008
The Council of the City of Courtenay, in open meeting assembled, enacts as follows:
1.
This bylaw may be cited for all purposes as "Second-Hand Dealers Amendment Bylaw
No. 2558, 2008"
2.
That "Second-Hand Dealers Bylaw No. 2524, 2008" be hereby amended as follows:
(a)
That the definition of "Authorized person" be hereby repealed and substituted
therefore with the following definition:
"Authorized Person" means the person appointed by Council as the Corporate
Officer, or a person designated in writing by the Corporate Officer to carry out
any act or function under this Bylaw.
(b)
That the following sections be hereby repealed:
4.5
Pursuant to section 264(1)(c) of the Community Charter, the words or
expression in Column 1 of Schedule "B" to this Bylaw designate the
offence committed under the Bylaw section number appearing in
Column 2 opposite the respective words or expression.
4.6
Pursuant to section 265(1)(a) of the Community Charter, the fine amount
in Column 3 of Schedule "B" to this Bylaw is the fine amount that
corresponds to the words or expression and section number set out in
Columns 1 and 2 opposite the fine amount.
3.
This Bylaw shall take effect upon the date of its adoption.
Read a first time this 20th day of October, 2008
Read a second time this 20th day of October, 2008
Read a third time this 20th day of October, 2008
Finally passed and adopted this 2nd day November, 2008
Mayor
Manager of Corporate Administration