Town of Middleborough, MA
Plymouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Middleborough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 188.
Pawnbrokers — See Ch. 217.
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
Every person who is licensed by the Board of Selectmen as a keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles shall keep a book in which, at the time of each such purchase, sale or barter, shall be legibly written in the English language an account and description, including all distinguishing marks and numbers of the property purchased, sold or bartered. The full name and residential address of each person purchasing, selling or bartering such property and the date of each such transaction shall be entered in such book. Only property purchased by the keeper of such a shop at a cost of $50 or greater, or bartered for with property valued at $50 or greater, shall be required to be listed in such book.
A book required to be kept pursuant to § 180-1 shall be open at all reasonable times to inspection by any police officer of the Town of Middleborough. Any person who has possession or control of a book required to be kept pursuant to § 180-1 shall permit such inspection.
The property described in a book kept pursuant to § 180-1 shall, on demand of a police officer authorized pursuant to § 180-2 to inspect such book, be exhibited to such police officer.
Whoever violates any provision of this bylaw shall be punished by a fine of not more than $300 for each offense.
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
Every person or party who is a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles shall have a license issued by the Board of Selectmen. The license issued by the Board of Selectmen shall be subject to applicable provisions of MGL c. 140, including without limitation MGL c. 140, § 54 and §§ 202 to 205, inclusive.
Any person or party holding a license or who is required to have a license pursuant to this bylaw (hereafter "licensee") who in the course of business buys, trades for, barters for or otherwise acquires precious metals, jewelry or gemstones shall hold such items for a period of 30 days from the date of acquisition of the items before selling, trading, bartering or otherwise disposing of the items. During the thirty-day period, a licensee shall not melt or otherwise alter the appearance of such items.
A. 
A licensee shall submit to the Chief of Police a weekly report of all precious metals, jewelry or gemstones acquired by the licensee during the week prior to the report. Reports shall be written in English and legible.
B. 
Reports shall include as to each such item:
(1) 
A description of each item;
(2) 
The date the item was acquired; and
(3) 
The name, address, date of birth and driver's license number/state of issue of the person from whom the item was acquired.
C. 
A weekly report shall be submitted on Monday or Tuesday of each week and shall include all such items acquired during the week prior to the date the report is submitted (Sunday through Saturday, inclusive).
A licensee may store and transmit reports required under § 180-7 electronically, subject to approval of the format of the reports by the Chief of Police.
A licensee shall take a color photograph of all persons from whom the licensee acquires precious metals, jewelry or gemstones. A licensee shall also take a color photograph of all precious metals, jewelry and gemstones acquired by the licensee. The licensee shall retain the color photographs of the persons and items for not less than 30 days from the date of acquisition of the items depicted in the photographs and shall make the photographs available for review by members of the Middleborough Police Department upon request.
As used in this bylaw, the following words and phrases shall have the following meanings:
GEMSTONES
Diamonds or other precious stones consisting of mineral or petrified material and used or suitable for use in jewelry.
JEWELRY
Items containing precious metals, sometimes set with gemstones, intended for wear for personal adornment, including without limitation watches, pocket watches and other devices for keeping time.
PRECIOUS METALS
Items containing gold, silver or platinum in whatever form.
Whoever violates any provision of this bylaw shall be subject to a fine of $300 for each violation.