Town of Dartmouth, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 6-4-2013 (§ 61.5 of the 2011 General By-Laws). Amendments noted where applicable.]
GENERAL REFERENCES
Transient vendors — See Ch. 328.
Waste management — See Ch. 352.
This chapter is promulgated in accordance with Massachusetts General Laws, Chapter 140, Sections 54 through 56, relative to the collecting, dealing, purchasing, selling and bartering of junk, old metals and secondhand articles.
A. 
The terms "junk", "old metals" and "secondhand articles" shall be referred herein collectively as "used goods", shall be interpreted as expansively as possible in the enforcement of this chapter, and therefore shall include without limitation, unless otherwise precluded by law, any jewelry, precious metals, precious stones and electronic equipment, media and software that were previously purchased by a consumer, whether at retail or wholesale, regardless of whether such items are in "new" or "mint" condition or have been removed from their original packaging.
B. 
The term "person" shall include, without limitation, individuals, corporations, partnerships, societies, associations, trusts and any other entity that has the ability to act under the law.
C. 
The term "precious metals" shall include any precious metal, including, without limitation, gold, silver and platinum, without regard to the form or amount of the same.
D. 
The term "precious stones" shall include any precious stone, including, without limitation, diamonds, rubies, sapphires and emeralds, regardless of the size, cut or quality of said stones.
E. 
Any terms that have not been defined specifically herein shall have their normal English meanings unless the context indicates otherwise.
A. 
No person shall collect, by going from place to place within the Town, and whether by purchase, barter or otherwise, used goods, unless that persons holds a license to do so that has been granted by the Select Board ("collector's license"). A collector's license does not entitle the holder of the same to sell or barter away used goods. Furthermore, a collector's license does not entitle the holder of the same to collect the following used goods: jewelry, precious metals and precious stones. A collector's license shall not be required for either:
(1) 
A non-profit organization that collects, upon request, used goods for charitable purposes, and that is properly registered under federal law and the laws of the Commonwealth of Massachusetts; or
(2) 
A junk removal company that hauls away used goods by contract for their disposal at a refuse or recycling facility, and that is licensed to do so pursuant to Massachusetts General Laws, Chapter 111, Sections 31A and 31B.
B. 
No person shall be a dealer in, or the keeper of a shop that engages in the purchase, sale or barter of, used goods, unless that person holds a license to do so that has been granted by the Select Board ("dealer's license"). A dealer's license does not entitle the holder of the same to go from place to place within the Town in order to obtain used goods. In order to be granted a dealer's license, the applicant must demonstrate, whether by lease or ownership, the existence of a geographically fixed storefront location at which the dealing, purchase, sale or barter of used goods will occur, and any dealer's license that is issued shall be for such specific location only. Multiple storefront locations shall require separately issued dealer's licenses for each location. Any such lease must be valid through at least the conclusion of the term of the requested license.
C. 
The same person may obtain both a collector's license and a dealer's license. No license that is issued pursuant to this chapter may be transferred to another person or location without the approval of the Select Board. All such licenses shall apply to any agents and employees of the license holder, and shall be subject to Massachusetts General Laws, Chapter 140, Sections 202 through 205, inclusive. The Select Board may attach such conditions as it deems to be proper to any license that is issued pursuant to this chapter. No such license may be issued to any person who is currently known to be under investigation by any law enforcement agency that has jurisdiction within the Town.
D. 
Every transaction of a used good that this is subject to this chapter, and that transpires either without the necessary license as required by this section, or in violation of the terms, conditions, limitations or restrictions of any such license, shall be subject to a fine of $20.
A. 
Every person whose business activities are subject to this chapter shall adhere, and shall ensure that his agents and employees adhere, to the following record-keeping requirements with respect to every transaction, whether purchase, barter or otherwise, in which used goods are obtained from an individual:
(1) 
All such records shall be in the English language.
(2) 
All such records shall be computerized. The format of the computer record-keeping system shall be approved in advance by the Chief of Police. A preapproved system may be used, or a different system may be submitted to the Chief of Police for review.
(3) 
The record for each transaction shall include the name, address and date of birth of the individual selling or bartering the used good. This identifying information shall be obtained through any government issued identification card, including a driver's license that contains both a picture of the individual and that information. A photocopy of this identification card shall be included with the records. An individual shall be required to present such an identification card each time that said individual sells or barters used goods.
(4) 
The record for each transaction shall accurately describe the used good that has been bartered or sold by the individual. Such description shall include, without limitation, all distinguishing marks, stickers, brand or model names or numbers, serial numbers, etchings, engravings and inscriptions, as well as a general description of the nature of the item. For any type of media or software, the artist and/or title also shall be described in the record.
(5) 
The record for each transaction shall include the date on which the transaction occurred, and the price for which the used good was purchased from the individual, or the item or merchandise that was bartered to said individual for the same.
(6) 
The record for each transaction shall include a detailed physical description of the selling or bartering individual, as well as a color photograph of the same. Each such photograph shall be taken when the individual is facing the camera, and shall be clear and of such quality that the individual can be clearly identified. Sunglasses and nonreligious scarves, hats or other headgear may not be worn for such photographs. A new photograph shall be taken each time that a particular individual sells or barters used goods.
(7) 
The record for each transaction shall include a photograph of the used good that is obtained from the selling or bartering individual. Each such photograph shall be clear and of such quality that the used good can be clearly identified. When more than one such item is obtained during a single transaction, separate photographs should be taken for each item.
(8) 
All photographs that are required by Subsection A(6) and (7) shall be stored in a digitized format. Each such digitized photograph must be retrieved and a clear copy provided whenever a law enforcement officer requests the same.
(9) 
The record for each transaction shall include a unique identifying number that is assigned to the used good so obtained. Each such item should be physically tagged with the corresponding identifying number in the record.
(10) 
All such records shall be maintained completely and accurately for at least two years, unless a longer period of time is required by law.
(11) 
At the close of each business day, a complete and accurate copy of the records relating to all new transactions for that day, which adhere to all of the requirements of this section, shall be transmitted electronically to the Chief of Police, or his designee. Additionally, a hard copy of all such records shall be created at that time and retained in accordance with Subsection A(10).
(12) 
All such records shall be made available to the Select Board, the Town Manager and any law enforcement officer upon request.
B. 
Every violation of this section shall be subject to a fine of $20, with each day of a continuing violation being a separate violation. Multiple violations may result from the improper record keeping practices with respect to any particular used good.
A. 
No person whose business activities are subject to this chapter, nor any agent or employee of the same, shall obtain, whether by purchase, barter or otherwise, any used good if it appears that said item has had any serial numbers, etchings, engravings, inscriptions, or any other identifying marks forged, altered, or obliterated.
B. 
Every violation of this section shall be subject to a fine of $20.
A. 
No person whose business activities are subject to this chapter, nor any agent or employee of the same, shall obtain, whether by purchase, barter or otherwise, any used good from any individual who has not yet reached the age of 18.
B. 
Every violation of this section shall be subject to a fine of $20.
A. 
No person whose business activities are subject to this chapter, nor any agent or employee of the same, shall sell, donate or barter away any used good until more than 30 days have elapsed since it was obtained by the same; further, no such person, nor any agent or employee of the same, shall remove from the Town any used good until more than 30 days have elapsed since it was obtained by the same; further, no such person, nor any agent or employee of the same, shall dispose of, destroy, break down, or alter that appearance or composition of any used good until more than 30 days have elapsed since it was obtained by the same; provided, that the Chief of Police, or his designee, may permit, in writing, the earlier disposal, destruction, alteration, removal, sale, donation or barter of any such item.
B. 
Every violation of this section shall be subject to a fine of $20, with each day from the day of the original violation to the 30th day under this section being a separate violation.
Any person whose business activities are subject to this chapter, and any agent or employee of the same, shall make available for inspection, upon request by any law enforcement officer, any used good that is currently in their possession. Every violation of this section shall be subject to a fine of $20, with each day of a continuing violation being a separate violation.
In accordance with the provisions of Massachusetts General Laws, Chapter 140, Section 54, the Select Board may make additional rules and regulations for collector's licenses and dealer's licenses, including with respect to the form of the application for such licenses, and the fees that are payable to the Town with the submission of the same. Every violation of each such rule or regulation shall be subject to a fine of $20, with each day of a continuing violation being a separate violation.
A. 
No person shall permit, whether by short-term rental, long-term rental or otherwise, their real property to be used by any other person, or any agent or employee of the same, for business activities that are subject to this chapter, unless that other person holds a valid dealer's license to do so at that property.
B. 
Each minute that any property is permitted to be used in violation of this section shall be considered a separate offense, and shall be subject to a tiered schedule of fines as follows:
(1) 
One hundred dollars per violation for the first 30 violations during any given day;
(2) 
Two hundred dollars per violation for the 31st through 60th violations during any given day;
(3) 
Three hundred dollars per violation for any violation after the 60th violation during any given day.
A. 
Each fine for a violation of this chapter shall be issued in accordance with the non-criminal disposition procedures as provided in Chapter 60, Article I, of the General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D.
B. 
Additionally, in accordance with the provisions of Massachusetts General Laws, Chapter 140, Section 54, any violation of this chapter by a license holder may result in license revocation, whether temporarily or permanently, by the Select Board after a noticed hearing.
The provisions of this chapter are severable, and should any particular provision thereof be invalidated by a court of competent jurisdiction, the remainder of this chapter shall continue in full force and effect.