§ 22-139. Pawn transactions involving motor vehicles.

(a)

Possession.

(1)

For the purposes of this code section, possession of the motor vehicle certificate of title which has come into the possession of a pawnbroker through a pawn transaction made in accordance with the law shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain physical possession of the motor vehicle at any time.

(2)

Unless otherwise agreed, a pawnbroker has upon default the right to take possession of the motor vehicle. In taking possession, the pawnbroker or his agent may proceed with judicial process of this can be done without breach of the peace or may proceed by action.

(3)

A pawn broker shall not lease back to the seller or pledgor any motor vehicle during a pawn transaction or during any extension of continuation of the pawn transaction.

(b)

Fees.

(1)

In addition to charges and fees provided for in code section 22-140, a pawnbroker may charge the following fees in a pawn transactions (or in any extension or continuation of a pawn transaction) involving a motor vehicle or a motor vehicle certificate of title:

a.

A fee equal to no more than any fee imposed by the appropriate state to register a lien upon a motor vehicle title, but only if the pawnbroker actually registers such lien;

b.

No more than $5.00 per day in storage fees, but only if an actual repossession pursuant to default takes place on a vehicle which was not already in the pawnbroker's possession and only for each day the pawnbroker must actually retain possession of the motor vehicle; and

c.

A repossession fee of $50.00 within 50 miles of the office where the pawn originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee of $250.00 beyond 300 miles, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker's possession.

(2)

Any pawn transaction involving a motor vehicle shall be accompanied by a disclosure ticket containing the language set forth in code section 22-138.

(Ord. No. 03-2007, § 1, 2-26-07)