[HISTORY: Adopted by the City of Sanford 5-15-2018 by Order No. 18-116-01. Amendments noted where applicable.]
In general, all words, phrases, and terms used in this chapter
shall have their customary and usual meanings; as used in this chapter,
the following words, phrases, and terms shall have the meanings indicated.
Old iron, chains, brass, copper, tin, lead, or other base
metals, old rope, old bags, rags, wastepaper, paper clippings, scraps
of woolens, clips, bagging, rubber, and glass, and empty bottles of
different kinds when less than one gross, and all articles discarded
or no longer used as a manufactured article composed of any one or
more of the materials mentioned. "Junk" also includes steel or other
scrap ferrous or nonferrous metal and material, salvaged household
items, and salvaged vehicles and equipment.
Any person, firm, or corporation that collects junk or makes
a business of purchasing junk and selling or exchanging that junk
with a salvage dealer. "Salvage collector" does not include any person
that, as part of a commercial enterprise or business, sells pursuant
to a written contract or bill of sale junk in a manufacturing or production
process or the collection of cans and bottles for the purposes of
redemption.
Any person, firm, or corporation engaged in the purchase,
sale, exchange, or barter of junk as defined herein, and salvaged
vehicles and equipment which are not sold, bought, or exchanged by
a State-licensed dealer pursuant to 29-A M.R.S.A. § 851
et seq. or State-licensed solid waste facility pursuant to 38 M.R.S.A.
§ 1310-N et seq. Salvage dealing does not include the business
of can and bottle redemption.
A.
A salvage collector shall produce documentation of an issued salvage
collector license at the time of a transaction with a salvage dealer.
B.
A salvage transaction may be by credit card, debit card, or check.
Cash transactions are not allowed.
C.
Salvage transactions do not include the purchase, transfer or otherwise
conveyance between salvage dealers or secondhand dealers.
A salvage dealer or salvage collector will not either directly
or indirectly purchase, acquire, or receive, by way of barter or exchange,
any junk from a person who has not attained the age of 18 except when
said minor shall be accompanied by a parent or legal guardian who
shall sign the transaction record in person before said dealer or
collector.
A.
A salvage dealer will not knowingly, either directly or indirectly,
purchase, acquire, or receive, by way of barter or exchange, any junk
from a person known to be a thief or a receiver of stolen property.
B.
The Police Department may advise the salvage dealer of any person
previously convicted as a thief or receiver of stolen property.
A.
If a law enforcement officer has reasonable suspicion that salvage
material or junk being held by a salvage dealer is stolen or related
to criminal activity, the officer may issue a written order to the
salvage dealer, specifying the scrap metal that must be retained and
the length of time, which may not exceed seven days, that the salvage
dealer must retain the identified salvage material or junk.
B.
Prior to the expiration time period of the hold, a law enforcement
officer may impose an additional hold period, which may not exceed
seven days. The law enforcement officer imposing the additional hold
shall provide the salvage dealer a written description of the salvage
material or junk to be retained and the length of time the salvage
material or junk must be retained.
A.
Salvage dealers shall keep and maintain a record of all transactions
for a period of no less than three years and shall make the records
available to any law enforcement officer.
B.
Every transaction record shall contain the following information:
(1)
The name and address of the salvage collector. Proof of identification
is required with a driver's license, military identification
card, passport or other form of government-issued photo identification.
The photo identification shall be photocopied and a record made of
the distinct identification number and kind of photo identification;
(2)
The date of the transaction;
(3)
A general description of the predominant types of salvaged material
or junk, which shall be made in accordance with the custom of the
trade;
(4)
The weight, quantity or volume, recorded in accordance with the custom
of the trade;
(5)
The consideration paid;
(6)
A signed statement that the seller is the owner or is otherwise authorized
to sell the salvaged material or junk on a form provided by the salvage
dealer that conspicuously bears the warning that making a false statement
is a Class D Crime under 17-A M.R.S.A. § 453; and
(7)
The make, model, and number and state of issue of the license plate
of the vehicle being used to deliver the salvage material or junk.
C.
A transaction does not include a transaction in which a salvage dealer
purchases, transfers, or otherwise conveys metal to a scrap metal
processor.
No person, firm or corporation may engage in the business of
salvage dealer or salvage collector without first obtaining a license
for each such purpose from the City. Licenses under this chapter shall
not be issued unless the City Clerk receives affirmation from the
Inspection Team that the applicant's proposed operation meets
all applicable requirements. Any person carrying out such activity
without a license is in violation of these provisions. Failure to
comply with any of these requirements shall be deemed a violation
of this chapter and is adequate grounds for the denial, revocation,
or suspension of a license.
License applications under this chapter shall be processed according to the procedures established in this chapter and Chapter 149, Licensing. A license may be issued after the annual fee required has been paid through the City Clerk's office. The fee for a license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for salvage collectors and salvage dealers.
