City Of Chilliwack Bylaw No. 3078 A Bylaw to regulate used and second hand goods WHEREAS Council considers it necessary to regulate the business of buying and selling used and second hand goods and scrap metal in the City of Chilliwack; NOW THEREFORE the Council of the City of Chilliwack in open meeting assembled, enacts as follows: 1. 2. This Bylaw may be cited as the “Used and Second Hand Goods Regulation Bylaw 2004, No. 3078”. “Used And Second Hand Goods Regulation Bylaw 2001, No. 2767” is hereby repealed. INTERPRETATION 3. In this Bylaw: “City” means the City of Chilliwack; “Council” means the Council of the City of Chilliwack; “Exchange” means a transaction involving scrap metal which consists of: (i) an offer of scrap metal by a seller to a Second Hand Goods Dealer who deals in scrap metal; (ii) acceptance of the scrap metal by the Second Hand Goods Dealer; and, (iii) transfer of money or other valuable consideration from the Second Hand Goods Dealer to the seller by way of compensation for the scrap metal. “RCMP” means the Officer in Charge at the Chilliwack RCMP Detachment and includes their designate; “Second Hand Goods Dealer” means any person licensed pursuant to the City’s Business Licence Bylaw, in force from time to time, to carry on the business of selling, purchasing, taking in barter or otherwise dealing in used or second hand goods including wares, merchandise, furniture, household goods, auto parts, bicycles or any other used article or thing; “transaction” means any process by which second hand goods come into the possession of a Second Hand Goods Dealer; and, “Transaction Report” means a report of transactions submitted to the RCMP in the form specified in this Bylaw. “Used And Second Hand Goods Regulation Bylaw 2004, No. 3078” – Page 2 REQUIRED TO RETAIN ITEM 4. Every Second Hand Goods Dealer shall retain any article or thing purchased or otherwise acquired by way of a transaction, and shall not alter, sell, exchange or otherwise dispose of the article or thing, until 30 days after a Transaction Report has been delivered to the RCMP as set out in Section 10 of this Bylaw. Every Second Hand Goods Dealer shall retain any scrap metal acquired by way of an exchange and shall not alter, sell, exchange or otherwise dispose of the scrap metal or complete and finalize the exchange until 7 days after a transaction report has been delivered to the RCMP as set out in Section 10 of this Bylaw. 5. INSPECTION 6. Every Peace Officer and Bylaw Enforcement officer is authorized to enter and inspect, at all reasonable times, any place, premises, article or thing associated with the carrying on of the business of dealing in second hand goods or scrap metal. Every Second Hand Goods Dealer shall, at all reasonable times, permit any Peace Officer or Bylaw Enforcement Officer to inspect any place, premises, article or thing associated with the carrying on of their business. 7. TRANSACTION RECORD 8. Every Second Hand Goods Dealer shall establish and maintain a transaction record in the English language of every article or thing which has come into the dealer’s possession by way of a transaction, and the information shall be recorded at the time of the transaction involving the article or thing, and the transaction record shall contain: (1) a correct account and description of the article or thing purchased or otherwise received, including the serial number, model number or any other descriptive mark or name on the article or thing; the date and time of the transaction; the amount of money exchanged in the transaction; and the name, street address, telephone number, brief physical description, date of birth, confirmation of identity by way of picture identification, and signature of the person from whom the article or thing was purchased or otherwise received. (2) (3) (4) 9. Every Second Hand Goods Dealer must retain all transaction records for a period of not less than seven (7) years from the date of the transaction, and such transaction records must be retained regardless of any change in the ownership of the Second Hand Goods Dealer’s business. “Used And Second Hand Goods Regulation Bylaw 2004, No. 3078” – Page 3 TRANSACTION REPORT 10. Every Second Hand Goods Dealer shall: (1) for each transaction, electronically record a Transaction Report either in the form specified in Schedule “A” of this Bylaw, or in a substantially similar form so long as all the information required by the form in Schedule “A” is provided; immediately after the transaction, electronically transmit the Transaction Report over the Internet to the electronic database maintained by the RCMP for this purpose; print and preserve, before the close of each business day, a hard copy of all electronic transaction information recorded during the course of each business day; and, employ alternative methods, including handwritten records, facsimile transmissions or other means, to maintain a continuous record of transactions and to ensure that all transactions are reported to the RCMP if, at any time or for any reason, the Second Hand Goods Dealer is unable to record transactions electronically or transmit Transaction Reports electronically. (2) (3) (4) REGULATIONS 11. No Second Hand Goods Dealer shall: (1) delete, erase, obliterate or remove, or allow or permit to be deleted, erased, obliterated or removed, any entry made in the transaction record as set out in Section 8 of this bylaw; engage in a transaction involving any article or thing if the serial number or other similar mark identifying the article or thing has been altered, erased, obliterated or removed; or engage in a transaction involving any article or thing with any person under the age of 18 years. (2) (3) EXEMPTION 12. This Bylaw shall not apply to: (1) (2) (3) (4) (5) a person who is licensed by the Province of British Columbia to deal in used motor vehicles; a person who deals only in used books, magazines, papers, vinyl records or long play records; a person who deals only in antiques; a person who deals only in used furniture, dishes, pots, pans and cooking utensils; a person who deals only in used clothing, footwear or costume jewelry; “Used And Second Hand Goods Regulation Bylaw 2004, No. 3078” – Page 4 EXEMPTION (continued) (6) a person who only purchases, sells or collects recyclable materials for the sole purpose of recycling. Recyclable materials shall include bottles, cans, plastics, glass, cardboard, paper or other recyclable materials but shall not include scrap metal that is not part of a can or food container; a thrift store or charity store which receives used goods by donation; transactions involving used goods purchased at a public auction where the seller’s name and address is recorded in the records of the auction house; transactions involving new merchandise received from a licensed manufacturer, wholesaler or distributor and invoiced to the dealer; or, transactions involving an exchange or trade of used items for another used item or service where no money is given by the used goods dealer to the person from whom the article or thing was purchased or received. (7) (8) (9) (10) OFFENCE 13. Any person who refuses to allow any Peace Officer or Bylaw Enforcement Officer to inspect such place, premises or thing associated with the carrying on of a business regulated by this bylaw shall be guilty of an infraction of this bylaw. Any person who violates any provision of this bylaw, or who allows or permits any act or thing to be done in violation of any provision of this bylaw, or who neglects to or refrains from doing anything required to be done by any provision of this bylaw, is guilty of an offence against this bylaw and each day that a violation continues to exist is deemed to be a separate offence against the bylaw. 14. PENALTY 15. Any person who commits an offence contrary to the provisions of this bylaw is liable on summary conviction to a penalty of not less than $500.00 and not more than $10,000.00 in addition to the costs of the prosecution. Pursuant to the authority granted in Section 60(4) of the Community Charter, the Director of Development or designate, may, for reasonable cause, cancel, suspend or refuse to issue a business licence to businesses regulated by this Bylaw. 16. SEVERABILITY 17. If any portion of this Bylaw is held invalid by a Court of competent jurisdiction, such invalidity shall not affect the remaining portions of the bylaw. “Used And Second Hand Goods Regulation Bylaw 2004, No. 3078” – Page 5 Received first reading on the 15th day of November, 2004. Received second reading on the 15th day of November, 2004. Received third reading on the 15th day of November, 2004. NOTICE given under Section 59 of the Community Charter on the 19th day of November, and 26th day of November, 2004. Received second and third reading, as amended, on the 6th day of December, 2004. Received second and third reading, as amended, on the 17th day of January, 2005. Reconsidered, finally passed and adopted on the 21st day of February, 2005. “Clint Hames” Mayor “Robert L. Carnegie” Clerk “Used And Second Hand Goods Regulation Bylaw 2004, No. 3078” – Page 6 Schedule “A” Enter Item Information What is the Item: Please chose a category for the item? Who makes this item? What is the item’s model number or name? What is the Serial Number of the item: Enter any Engravings, Initials or Markings on the item: How much are you paying for the item: What is the Item’s Primary Colour: (Manufacturer) (Model) (Serial) (Markings) (Amount Paid) (Colour) (eg. “Camera”) Proceed to next step Customer Information Name Last: XXX First: XXX Middle: XXX Identification Type: DRL Issue: BC No: XXX Date of Birth Year: 1900 Month: 01 Day: 00 Address Street: XXX City: Vancouver Province: BC Postal Code: XXX Country: C-Cad The following item(s) will be submitted. Description XXX Make XXX Model XXX Serial XXX Slip: XXX Amount Paid XXX Cancel Click this button if the information presented is incorrect, or you wish to cancel. More Click this button if there are more items to add. Submit items to police Click this button when you are finished, the information is correct and you wish to transmit items to the Police.
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