(a) A person who violates this chapter is guilty of a misdemeanor, punishable by a fine of five hundred dollars ($500.00) or 10% of the value of any property impounded pursuant to this section, whichever amount is greater and court costs. If a peace officer has probable cause to believe that a person is engaging in a business as a transient merchant without having first obtained a license in the manner provided for in this chapter, the peace officer shall immediately take into custody and impound all goods offered for sale by the transient merchant until the matter has been adjudicated by a court of proper jurisdiction.
(b) Recovery of impounded goods; security. The transient merchant may obtain his or her impounded goods prior to adjudication by paying, either in cash or by security bond, one thousand dollars ($1,000) or an amount equal to the value of the impounded property, whichever amount is greater.
(c) Sale of impounded goods; notice. If the transient merchant is convicted of violating this chapter and fails to pay the fine and court costs provided in subsection (a) hereof within seven (7) days after the date of conviction, the Howell City Police Department shall sell the impounded goods by publishing notice in a newspaper of general circulation in the county at least five (5) days before the sale. The notice shall describe the property and shall state the time and place of public sale at which the impounded property may be purchased by the highest bidder.
(d) Conduct of sale; disposition of proceeds; liability. The Howell City Police Department shall conduct the sale and shall deposit from the proceeds of the sale an amount equal to the fine and court costs provided in subsection (a) hereof with the court in which the transient merchant was convicted. Any proceeds of the sale which exceed the fine shall first be used to reimburse the Police Department for the Department's actual costs of sale, with the remaining proceeds, if any, to be returned to the transient merchant. By disposing of the property in the manner provided in this chapter, the Howell City Police Department shall not be liable to the transient merchant for the sale.
(Ord. 749. Passed 10-20-03; Ord. 797. Passed 3-26-07.)