City of Pittsfield, MA
Berkshire County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Solid waste collection and disposal — See Ch. 8.
Licenses, registrations and permits, generally — See Ch. 11.
Motor vehicles generally — See Ch. 13.
Pawnbrokers and secondhand dealers — See Ch. 15.
STATE LAW REFERENCES
Licensing of junk dealers by cities — See MGL c. 140, § 202.
[R. O. 1947, ch. 31, § 1; Ord. No. 568A, § 1; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981; Ord. No. 514, § 1, 6-14-1985; Ord. No. 643, § 1, 9-14-1989]
No person, unless he is duly licensed by the licensing board, shall:
(a) 
Be a dealer in or keeper of a wrecker, salvage or junkyard; or
(b) 
Go about picking up or collecting rags, junk, old metal or other waste matter; or
(c) 
Keep in the open or allow to stand on any premises, public or private, for a period of more than 10 days, any abandoned, wrecked, junked, dilapidated, nonoperating, unregistered or not lawfully inspected motor vehicle, defined as set forth in MGL c. 90, § 1, as amended from time to time; or
[Ord. No. 1192, § I, 9-12-2017]
(d) 
Operate a scrap metal and/or processing yard.
[R. O. 1947, ch. 31, § 3; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981; Ord. No. 394, § 1, 2-27-1981; Ord. No. 458, § 1, 6-29-1983; Ord. No. 518, § 5, 8-19-1985]
(a) 
The city council, or its designee, may grant licenses for the purposes mentioned in section 10-1 to such persons and upon such conditions as it may deem expedient, and may revoke the same at its discretion. Provided, however, that before any license granted under subsection (b) of section 10-1 is revoked, the city council shall obtain the recommendation of the commissioner of public utilities. Upon receipt of a report of a violation of any part of this Code pertaining to the disposal of waste materials or the rules and regulations promulgated hereunder, the commissioner of public utilities shall suspend for not more than 30 days the privileges of the licensee. The suspension and the reasons therefor shall be referred to the city council for such further action as may be appropriate.
(b) 
A record of the licenses so granted shall be kept by the city clerk.
[R. O. 1947, ch. 31, § 3; Ord. No. 266, § 2; Ord. No. 592, § 1; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
The fee for every license mentioned in section 10-1 shall be $15. The fees for all such licenses shall be paid to the city clerk and treasurer for the use of the city.
[R. O. 1947, ch. 31, § 4; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-24-1981]
All licenses granted under the provisions of this chapter shall expire on the first day of May next after the date thereof, unless sooner revoked. Such licenses shall not be transferable and may be revoked at any time by the city council upon violation of any of the conditions or provisions thereof.
[R. O. 1947, ch. 31, § 5; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981; Ord. No. 514, § 1, 6-14-1985]
(a) 
Every keeper of a shop or yard mentioned in subsection (a) of section 10-1 shall keep a book in which shall be written by him at the time of every purchase of any of the articles mentioned in subsection (a) of section 10-1 a description of the articles purchased including distinguishing marks or features, inscriptions or numerals, and the name, age, address, signature and driver’s license number of the seller or other photo I.D. number, the day and hour when, and the amount for which such purchase was made. Every such shop or yard, and all articles of merchandise therein, also every such book hereinbefore referred to in this section, shall at all times be open to the inspection of the mayor, city council, chief of police, and of any person authorized by them to make such inspection.
(b) 
Every licensee mentioned in subsection (d) of section 10-1 shall maintain a book of records, in which he shall keep a record of all material purchased or received by him in the course of his daily business. Said records shall contain the name and address of the person from whom said material was purchased or received and the date and hour when such purchases were made, and a general description of the material purchased.
(c) 
Every licensee under section 10-1 shall also put in some suitable and conspicuous place on his shop or in his yard a sign with his name and occupation legibly inscribed therein in large letters.
[R. O. 1947, ch. 31, § 6; Ord. No. 384, § 1; 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
No keeper of a shop or yard mentioned in subsection (a) of section 10-1 shall, directly or indirectly, purchase or receive by way of barter or exchange any of the articles mentioned in subsection (a) of section 10-1 from any minor, knowing or having reason to believe him to be such; and no article purchased by such shopkeeper shall be sold by him until a period of at least one week from the time of its purchase or receipt by him shall have elapsed, unless he first enters on his book, as required by section 10-5, the name and address of the purchaser and such other facts as may be necessary to enable him to keep track thereof.
[R. O. 1947, ch. 31, § 7; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
Every shop or yard mentioned in subsection (a) of section 10-1 shall be closed on Sunday. On all other days it shall be open only between sunrise and 10:00 p.m.
[R. O. 1947, ch. 31, § 12; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
Junkyards shall be shut off from public view by a suitable fence or other enclosure satisfactory to the city council or a committee thereof. They shall be kept clean and orderly, and shall be so conducted that they will not constitute a menace to public health or safety, nor create a public nuisance.
[R. O. 1947, ch. 31, § 8; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
(a) 
Every person licensed under subsection (b) of section 10-1 who wishes to dispose of waste at the resource recovery facility, as defined in chapter 8, shall be furnished with one vehicle sticker by the city clerk at the time the license is issued. Stickers for additional vehicles operating under the control of the designated licensee will be made available by the city clerk at a cost of $10 per vehicle.
(b) 
Stickers will be conspicuously placed on the driver’s side window of the vehicle cab and shall contain a number assigned to said licensee.
[R. O. 1947, ch. 31, § 8; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981; Ord. No. 518, § 5, 8-19-1985]
(a) 
The bags, baskets, vehicles or other conveyances used in the ordinary course of business by a person licensed under section 10-1 may be examined at any time by the chief of police or by any police officer, or the commissioner of public utilities or his agents, and in addition by Vicon Recovery Associates or any representative of the city upon delivery to the resource recovery facility or a landfill area operated by Vicon Recovery Associates or the city.
(b) 
The licensee will be responsible for the removal, cleanup and proper disposal of all unacceptable waste from the resource recovery facility.
[R. O. 1947, ch. 31, § 11; Ord. No. 266, § 3; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
Every person licensed under subsection (b) of section 10-1 shall have the licensee’s name upon the outside of each side of every vehicle used in the conduct of their business or occupation for which the license is issued in plain legible words and figures of not less than 1 1/2 inches in height and so that the same may be distinctly seen.
[R. O. 1947, ch. 31, § 9; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
No person licensed under subsection (b) of section 10-1 shall pursue such business between the hours of 6:00 p.m. and 7:00 a.m. or upon Sunday.
[Ord. No. 568A, § 1; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981; Ord. No. 643, § 1, 9-14-1989; Ord. No. 1150, §§ I––III, 9-29-2015]
If the Fire Chief of the fire department finds any vehicle or parts thereof in violation of section 10-1(c), he shall make diligent search and inquiry to determine both the record owner of the land upon which the vehicle or parts thereof are located and the record owner of the vehicle, and he shall notify them in writing by certified mail, return receipt requested, at their last known addresses that he has found such violation and the nature thereof, and he shall demand that, and it shall be the joint and several duty of, such record owner of such land and the record owner of such vehicle to cause such vehicle to be removed from the premises within five days of notice as hereinafter provided. The mailing of such notice shall be sufficient proof thereof, and the delivery of notice shall be equivalent to mailing. If the mailing address of the owner of the land upon which the vehicle is located is not known, and the land is unoccupied, such notice shall be posted upon such land and shall be deemed to be notice to the owner thereof. If the mailing address of the owner of the vehicle is not known or if the owner cannot be determined, the notice shall be posted upon the vehicle and shall be deemed to be notice to the owner thereof.
If within five days of such notice the person to whom such notice is directed shall so request in writing, he shall be given a hearing before the Fire Chief of the fire department or some subordinate designated by the Fire Chief of the fire department. Such hearing shall be commenced in not more than five days after the filing of such request, and findings shall be made not later than five days after the hearing and notices thereof sent forthwith to all parties concerned. In the event that a finding is made against the party concerned, he shall have not more than seven days in which to cause the vehicle or parts thereof to be removed from the premises.
The chief of the fire department or any member of his department designated by him is hereby authorized, after the expiration of five days if no hearing is requested by a concerned party, or after the expiration of seven days if a hearing is conducted and a finding is made against a concerned party, to remove and store or have removed and stored by a designated agent any such vehicle or parts thereof that the parties concerned have failed to remove. Such vehicle or parts thereof so removed and stored, if not claimed by the lawful owner within 48 hours of its removal, may be disposed of by the chief or any designated representative or agent, without liability on his part, the part of any such representative or agent or on the part of the city.
[R. O. 1947, ch. 31, § 2; Ord. No. 266, § 1; Ord. No. 384, § 1, 10-16-1980; Ord. No. 390, § 1, 1-29-1981]
The following persons and organizations shall be exempt from the provisions and conditions of this chapter:
(a) 
Persons who buy or sell secondhand books only.
(b) 
Societies, associations and corporations organized solely for religious or charitable purposes.
[Ord. No. 390, § 1, 1-29-1981]
No solid waste, as defined in chapter 8, collected by any person licensed under this chapter shall be delivered to any facility for the conversion of waste to energy or landfill, other than those operated by Vicon Recovery Associates or the city.
[1]
Editor’s Note: Ord. No. 390, § 1, adopted 1-29-1981, amended the Code by adding a new § 10-16. The editor, in his discretion, in order to preserve Code format and better facilitate the inclusion of new material, has renumbered the new § 10-16 as § 10-15 and former § 10-15 as § 10-16.
[1]
Editor’s Note: Ord. No. 674, § 6, approved 5-29-1991, repealed § 10-16, penalties, as derived from Ord. No. 384, § 1, approved Oct. 16, 1980; Ord. No. 390, § 1, approved 1-29-1981; Ord. No. 620, § 1, approved 12-15-1988; and Ord. No. 643, § 1, approved 9-14-1989. The user’s attention is directed to § 10-18.
[Ord. No. 390, § 1, 1-29-1981]
In case any one or more of the provisions contained in this chapter shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this chapter, but this chapter shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
[Ord. No. 674, § 6, 5-29-1991]
Any person who violates any provision of this chapter shall pay the fines as stated below:
1st offense
$50
2nd offense
$100
3rd and each subsequent offense
$300
Each day in which any violation exists shall be deemed to constitute a separate offense. The provisions of this chapter shall be enforced by the fire department, public health department, public utilities department, and the police department.