[HISTORY: Adopted by the Town of Greenfield as amended 3-21-2012 by Order No. FY 12-102 (Ch. 83 of the 2002 Bylaws). Subsequent amendments noted
where applicable.]
The purpose of this chapter is to ensure public safety, protection
of the environment, deterrence and aid in detection of sale of stolen
goods, protection of visual/aesthetic qualities of the neighborhood
and Town, and to provide means of recourse for concerns regarding
these by neighbors or the Town.
A.
This chapter is adopted under authority of MGL c. 140, § 54.
B.
In accordance with MGL c. 140, § 54 and the Town of Greenfield
Home Rule Charter Section 6-9, the Greenfield Board of License Commissioners
is the licensing and regulatory authority for the purposes of this
chapter, and as such may make rules and regulations relative to the
business of junk dealers and junk collectors, may provide supervision
thereof, may make additional rules and restrictions particular to
any junk dealer or junk collector business, and said licenses may
be revoked after a hearing for cause.
C.
In accordance with MGL c. 140, § 202, the Board of License
Commissioners shall set reasonable license fees for junk dealers and
junk collectors.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment for the sale of antiques, secondhand articles,
or collectible items.
In accordance with MGL c. 140B, § 1(b), an automobile
graveyard is deemed to be any establishment or place of business or
any area of any lot, whether inside or outside of a building, which
is maintained, operated, or used for collection, storage, keeping,
abandonment, buying, or selling of wrecked, scrapped, ruined, or dismantled
motor vehicles or motor vehicle parts and/or for the dismantling or
demolition of such.
In accordance with MGL c. 140B, § 1(a), junk is
deemed to be any article or material that will no longer be used for
its original intended purpose, but instead will be discarded, collected,
stored, or sold for salvage, recycling, or conversion to another article,
product, or material. This includes but is not limited to items such
as old, scrap, or used copper, brass, iron, steel or other ferrous
materials; old, scrapped, or used paper, lumber, rope, rags, plastic,
rubber, glass, or other nonferrous material; junked, dismantled, wrecked,
or inoperative automobiles/motor vehicles, or parts thereof; old,
scrapped, or used machinery, batteries, electronics; or trash, waste,
etc. Any motor vehicle that is unregistered and inoperative and that
has been stored outside for more than six months shall be considered
junk.
Any person who, by going from place to place, collects, by
purchase or otherwise, junk, old metals, or secondhand articles, whether
or not by previous contract or arrangement.
Any person who deals in or keeps a shop for the purchase,
sale, or barter of junk, old metals, or secondhand articles, as these
items are defined in this chapter and the Massachusetts General Laws.
In accordance with MGL c. 140B, § 1(c), a junkyard
is an establishment or place of business or any area of any lot, whether
inside or outside of a building, which is maintained, operated, or
used for the collection, storage, keeping, abandonment, buying, or
selling of junk, or for the maintenance or operation of an automobile
graveyard, including for dismantling, demolition, processing, or conversion
of such, and the term shall include garbage dumps and sanitary fills.
Any metalwares, including but not limited to silverware,
pewter, stainless steel, copper, or brass, or precious metals of extraordinary
value such as gold, silver, etc.
Any item being resold for use that will maintain the original
intended purpose of the product. This includes but is not limited
to items such as clothing, furniture, antiques, household items, appliances,
collectibles, etc. In keeping with MGL c. 140, § 55, books,
prints, coins, and postage stamps shall not be deemed to be within
the meaning of this definition nor within that of this chapter. Also
not included in this definition are motor vehicles.
The Town of Greenfield.
A.
Anyone collecting, storing, dealing in, or keeping a shop or yard
for the purchase, sale, or barter of junk, old metals, or secondhand
articles must first obtain a junk dealer and/or junk collector license
from the Board of License Commissioners. This does not include pawnbrokers
or tag sales, which are regulated elsewhere, nor those dealing exclusively
in secondhand books, prints, coins, postage stamps or used clothes.
[Amended 10-19-2016 by Order No. FY 17-052]
B.
The Board may issue different categories of junk dealer or junk collector
licenses; i.e., for secondhand articles, for old metals, for junk/salvage
yards or auto graveyards, or any combination thereof.
A.
Junk dealer and junk collector licenses may only be issued to suitable
persons.
B.
Issuance of junk dealer and junk collector licenses is contingent
on compliance with all municipal and commonwealth requirements.
C.
Junk dealer and junk collector licenses are nontransferable, site-specific,
and expire on May 1 of each year.
D.
The Board of License Commissioners may make rules, restrictions,
or conditions for all junk dealer and junk collector businesses or
particular restrictions for individual businesses.
E.
Automotive graveyards are required to post an environmental remediation
bond in the amount of $10,000,000.
Every junk dealer and junk collector shall keep a record containing
the following information:
A.
A description
of each item purchased, traded for, or otherwise obtained or collected
for this business;
B.
The name
of the person or business from whom or which the item was obtained;
C.
The residence
or place of business of the person or business from whom or which
the item was obtained; and
D.
The date
when the transaction was made.
Such records shall, upon reasonable request, be made available
for inspection by any Town of Greenfield inspector, enforcement officer,
or police officer and to the Board of License Commissioners.
A.
The provisions of this chapter may be enforced by any available means in law or equity, including, but not limited to, enforcement by noncriminal disposition pursuant to MGL c. 40, § 21D and Town of Greenfield Code Chapter 1, Article II. When enforced through noncriminal disposition, the penalties shall be $100 per each violation, with each calendar day constituting a separate violation.
B.
In addition to noncriminal disposition, any licensee violating any
provision of this chapter or any of the conditions or restrictions
of its license will be subject to a civil penalty of $100 for the
first offense, $200 for the second offense, and $300 for the third
and subsequent offense(s), and/or suspension or revocation of its
license.
C.
Anyone who collects, deals in, or keeps a shop or yard for the purchase,
sale, or barter of junk, old metals, or secondhand articles without
a license or after notice that his/her junk dealer or junk collector
license has been revoked or suspended will be in violation of this
chapter.
