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THE CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NUMBER 2014-0005 (LI-3)
BEING A BY-LAW TO AMEND LICENCING BY-LAW NO. 2002-0169
(LI-3), SCHEDULE 11 RELATING TO OWNERS OR KEEPERS OF
SALVAGE SHOPS OR SALVAGE YARDS; OWNERS OR KEEPERS
OF SHOPS, STORES OR OTHER PLACES FOR THE PURCHASE,
SALE OR EXCHANGE OF SECOND HAND GOODS; PERSONS
OTHER THAN THOSE BEFORE MENTIONED WHO INGAGE IN THE
BUSINESS OF PURCHASING, SELLING OR EXCHANGING; AND
PERSONS WHO GO FROM HOUSE TO HOUSE OR ALONG ANY
STREET WHETHER PUBLIC OR PRIVATE FOR THE PURPOSE OF
COLLECTING, PURCHASING OR OBTAINING SECOND HAND
GOODS.
WHEREAS pursuant to the Municipal Act 2001, as amended,
the Council of the Corporation of the Town of Georgina may enact by-
laws for the licencing, regulating and governing of businesses and
occupations in the Town of Georgina;
AND WHEREAS Council deems it advisable to amend the
Licencing requirements respecting the owners/operators of salvage
yards, pawnshops and second hand goods dealers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF GEORGINA HEREBY ENACTS AS FOLLOWS:
1. That definition of Second Hand Goods Dealer in Section 1 of
By-law 2002-0169, Schedule 11 is deleted and the following is
hereby inserted:
“Pawnbroker/Pawnshop Operator” means a person who
carries on the business of taking by way of pawn or pledge or
any article for the repayment of money lent thereon and
includes a person who offers a buy-back service in relation to
such articles;
“Pawnshop” means the premise, store or shop of a
Pawnbroker/ Pawnshop Operator;
”Second Hand Goods Dealer” means a person who carries on
the business of selling goods by way of retail that have
previously been used for the purpose for which such goods
were designed and includes any person who travels from place
to place to sell second hand goods;
THE CORPORATION OF THE TOWN OF GEORGINA
BY-LAW NUMBER 2014-0005 (LI-3)
PAGE 2 of 3
2. That the following text from Section 3 subsection 5 and 6 of By-
law 2002-0169, Schedule 11 be deleted in their entirety:
“3 (5) Subject to subsection (6) hereof, no person to whom this
Schedule relates shall alter, repair, dispose of, or in any
way part with any goods or articles purchased or taken in
exchange until after the expiration of fifteen (15) days,
exclusive of Sundays and holidays, from the date of
purchase or such exchange and during these fifteen (15)
days the good or articles so obtains shall remain on the
premises in respect to which the licence is issued and be
kept in a separate location from goods previously
purchased and shall be subject to inspection at any time
during business hours by any police officer, licence
Inspector, Licence Issuer or any person duly authorized
by the Licence Issuer.”
“3 (6) Notwithstanding the provisions of subsection (5) thereof:
a) Scrap metal or recyclable materials purchased or
taken in exchange may be altered or disposed of after
the expiration of five (5) days, exclusive of Sundays
and holidays; and
b) Any police officer investigating any transaction
involving the purchase or exchange of scrap metal, on
completing his investigation, may authorize the
release of such scrap metal or recyclable materials for
alteration or disposal prior to the expiration of five (5)
days.”
3. The following be inserted into Section 6 of By-law 2002-0169
(LI-3), Schedule 11
6. Mandatory Retention Period
1) No Pawnbroker or Second Hand Goods Dealer shall sell,
exchange, alter, melt or otherwise dispose of any Second
Hand Goods within thirty (30) days, exclusive of Sundays
or Holidays, or earlier from the date of obtaining
possession.
2) Thirty (30) days after providing a transaction record
relating to such Second Hand Goods as required by this
By-law and, during this period, such goods shall be kept
in the premise used by the Pawnbroker or Second Hand
Goods Dealer for the sale of Second Hand Goods and
shall be separate from and not mixed with other Second
Hand goods in the same premises.
3) No Salvage Yard shall sell, exchange, alter, melt or
otherwise dispose of any item that has or ought to have a
serial number, VIN number or RIN number, any precious
metal including but not limited to copper, gold and silver
or any electronics newer than 5 years old unless they are
visibly and obviously damaged beyond repair within
twenty-one (21) days, exclusive of Sundays or Holidays,
or earlier from the date of obtaining possession.
THE CORPORATION OF THE TOWN OF GEORGINA
BY-LAW NUMBER 2014-0005 (LI-3)
PAGE 3 of 3
4) Notwithstanding the provisions of subsection (3) thereof:
a. Scrap metal or recyclable materials purchased or
taken in exchange may be altered or disposed of
after the expiration of five (5) days, exclusive of
Sundays and holidays; and
5) Any police officer investigating any transaction, on
completing their investigation, may authorize the release
of such products or materials for alteration or disposal
prior to the expiration of the mandatory retention period.
6) Exemption - Salvage Yards Only
a. Any transaction business to business is exempt
from the twenty-one (21) day hold period as long
as the Salvage Yard owner/operator is reasonably
satisfied the business he/she is purchasing from is
in fact a bonefide and legitimate business.
4. The short title of By-Law 2002-0169, Schedule 11 be hereby
deleted in its entirety and replaced with the following:
RELATING TO OWNERS/OPERATORS OF SALVAGE SHOPS
/ YARDS, PLACES FOR THE PURCHASE OR
SALE/EXCHANGE OF SECOND HAND GOODS,
PAWNSHOPS, SECOND HAND GOODS DEALERS
READ and enacted this 15th day of January, 2014.
Fie
‘Robert Grossi, Mayor
TU Dus bed
i Aubichon, Town Clerk
Y:\CO1 BYLAWS\DRAFTS\Salvage Yard\ Amendement to By-law 2002-0169 (LI-3) Schedule 11.doc.docx