[Ord. of 9-28-1982]
For the purpose of this article the following words and phrases,
as used in this section, shall, except as otherwise provided by law,
have the following meanings:
A person, who, by going from place to place, collects by
purchase or otherwise junk or old metals or secondhand articles, whether
or not by previous contract and arrangement.
A person engaged in the business of the purchase, sale, barter
or exchange of junk, old metals or secondhand articles, whether at
retail or wholesale.
A person who maintains a place where secondhand articles,
other than junk or old metals, are bought, sold or bartered.
All used or discarded articles or materials in general, including
scrap iron, that may be treated so as to be used again in some form.
Any metal or article made from metal which has been worn
and used.
All articles, materials, goods and merchandise, worn or used
previously, collected or purchased, bartered and sold.
A place where junk, old metals or secondhand articles are
bought, sold or bartered.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
(a)
Dealer in or keeper of a shop for junk, old metals or secondhand
articles. No person shall be a dealer in or keeper of a shop for the
purchase, sale or barter of junk, old metals or secondhand articles
in the city without first having obtained a license therefor. Applications
for such licenses shall be approved by the Commissioner of Public
Safety or his designee.
(b)
Collector of junk, old metals or secondhand articles. No person shall
be a collector of junk, old metals or secondhand articles in the city
without first having obtained a license therefor. Applications for
such licenses shall be approved by the Commissioner of Public Safety
or his designee.
(c)
Dealer in or keeper of shops for secondhand articles, other than
junk or old metals. No person shall be a dealer in or keeper of a
shop for the purchase, sale or barter of secondhand articles, except
a dealer who takes such secondhand articles in payment, in whole or
in part, for new articles of the same nature, without first having
obtained a license therefor. Applications for such licenses shall
be approved by the Commissioner of Public Safety, or his designee.
[Ord. of 5-26-1998]
Every license shall include the name, residence and place of
business of licensee and hours of operation.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
Every keeper of a shop for the purchase, sale or barter of any
of the articles referred to in this article shall keep a book in which
shall be written the time of every purchase of any such article, a
description thereof and the name, age and residence of the person
from whom such purchase was made. Such book shall at all times be
open to the inspection of any police officer of the city. No article
purchased or received by such dealer or keeper of a shop regulated
by this article shall be sold until at least 30 days from the date
of its purchase or receipt has elapsed, unless the name and address
of a person to whom such articles have been sold, with other facts
as may be necessary to facilitate the tracing of such articles, have
been entered in the book mentioned in the section. Every dealer or
keeper of a shop regulated by this article shall put, in a suitable
and conspicuous place in his shop, a copy of the secondhand dealer
license presently in effect and a sign having his name and occupation
legibly inscribed thereon in large letters.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
No dealer or keeper of any shop regulated by this article and
no junk collector shall, directly or indirectly, either purchase or
receive by way of barter or exchange any of the articles referred
to herein from a minor knowing or having reason to believe him to
be such.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
All shops regulated by this article shall be closed, except
between the hours of 7:00 a.m. and 7:00 p.m. of each day of the week,
and no keeper thereof shall purchase any of the articles referred
to herein, except during such hours.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
A collector as defined in Section 10-2(b) shall be issued an identification card at the time of licensing by the City Clerk. The identification card shall bear the signature of the City Clerk and shall contain the collector's name, residential address, business name, business address, the licensee number assigned by the City Clerk and the date of expiration.
The identification card shall be in the possession of the collector
at all times when in the process of collecting, transporting or hauling
junk, metals or secondhand articles and shall be displayed upon request.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
Rags and wastepaper kept or collected by junk dealers shall
not be kept or stored except in a substantial brick, cement or stone
building; and all articles of junk or old metals shall be hidden from
the public, either by storing the same in buildings or by the erection
of a suitable fence. All such premises shall be kept clean and orderly
and shall be so conducted that they will not constitute a menace to
public health or safety or create a public nuisance. The Commissioner
of Public Safety or his designee shall report to the City Council
the name and address of any licensee who does not so keep and maintain
his premises.
[Ord. of 4-28-1998; Ord. of 5-26-1998]
Every shop regulated by this article and all articles of merchandise
therein and any place, vehicle or receptacle used for the collection
or keeping of the articles referred to herein may be examined at any
time by the Commissioner of Public Safety or his designee.
[Ord. of 5-26-1998]
A shop for the retail sale of secondhand articles shall be kept
safe and orderly by reasonable standards in accordance with the provisions
of the State Board of Building Regulations 180 CMR Section 120 (on
file in the office of the Building Inspector) and MGL, c. 138 (the
Fire Safety Codes). Every shop maintained under this section shall
be required to receive a certificate of occupancy from the City Building
Inspector.
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Minimum standards include:
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Aisle width:
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36 inches for a building with the capacity of less than 50 persons.
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44 inches for a building with the capacity of more than 50 persons.
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Exit sign at each door.
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Height of merchandise: 18 inches from sprinklers.
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Hours of operation consistent with Section 10-5 of this article and posted.
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[Ord. of 4-28-1998; Ord. of 5-26-1998]
(a)
The Commissioner of Public Safety or his designee shall make one inspection of every shop maintained for the retail sale of secondhand articles each year prior to the April renewal of licenses. The Commissioner or his designee shall include in the inspection the minimum standards as set forth in Sections 10-3 and 10-8.1 of this article.
(b)
This chapter may be enforced by the noncriminal disposition process
in accordance with the provisions of MGL c. 40, § 21D. Enforcing
persons shall be police officers and/or the City Building Inspector.
After an initial warning for noncompliance, the fine shall be $50
for each subsequent incident or violation.
(c)
The Commissioner of Public Safety or his designee shall report to
the City Council any violation resulting from an inspection or complaint
listing the name and business address of every licensee who does not
comply with the requirements of this article. A copy of his report
and recommendation, if any, shall be forwarded to the licensee.
(d)
After having first given the licensee an opportunity to be heard,
the City Council may revoke the license or order that it not be renewed.
[Ord. of 4-28-1998, Ord. of 5-26-1998]
The City Clerk shall make available to the applicant one copy
of this article for the purpose of orientation.
