City of Haverhill, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Haverhill as Ch. 17 of the 1963 City Code (Ch. 167 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 108.
Licensing — See Ch. 171.
Pawnbrokers, secondhand article and old gold — See Ch. 187.

§ 167-1 License required.

A. 
No person without a license granted by the City Council and issued by the City Clerk on application therefor shall:
(1) 
Be a dealer in, or keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles.
(2) 
Go about picking up or collecting rags, paper, junk, old metal or other waste matter.
B. 
Those persons who obtain a license pursuant to the provisions of Chapter 187 of this Code shall be exempt from the provisions of this chapter.
[Added 3-27-2007 by Doc. 7]

§ 167-2 Secondhand furniture and book dealers excepted.

Persons who do not buy or sell any secondhand articles except books or furniture shall be exempt from the provisions and conditions of this chapter.

§ 167-3 Conditions of issuance; fees.

A. 
The City Council may grant licenses for the purposes mentioned in § 167-1 to such persons as they may deem suitable and all licenses thus granted shall contain a clause stipulating that the persons so licensed agree to abide by and be subject to all the provisions of this chapter or any ordinance which may hereafter be adopted by the City Council relative to any such purposes or persons. The fees for such licenses shall be fixed and determined by the City Council according to the provisions of law and of § 167-4.
B. 
All applications for licenses hereunder shall be investigated and reported on to the City Council by the Chief of Police.
[Added 3-27-2007 by Doc. 7]

§ 167-4 Term of license; nontransferable; revocation.

All licenses so granted shall expire on the first of May next after the date thereof, unless sooner revoked, except that licenses granted in the month of April shall continue in force for one year from the first day of May next following. Such licenses shall not be transferable and may be revoked at pleasure by the City Council.

§ 167-5 Records of purchases required; contents.

[Amended 8-11-1981 by Doc. 143]
Every dealer or keeper of a shop as mentioned in § 167-1A shall keep a book in which shall be recorded at the time of every purchase or acquisition by him of any of the articles mentioned in § 167-1A a description of the articles purchased or acquired, the name, age and residence of the person from whom and the day and hour when such purchase or acquisition was made. Each article purchased or acquired will be tagged with the corresponding number. The form of such book shall be prescribed or approved by the Chief of Police, and no entry made therein shall be erased, obliterated or defaced. The book shall at all times be open to the inspection of the City Council, its authorized agent and the Chief of Police.

§ 167-6 Weekly list of articles received to be delivered to Chief of Police.

[Amended 8-11-1981 by Doc. 143]
Every dealer or keeper of a shop as aforesaid shall make out and deliver to the Chief of Police every week before the hour of 12:00 noon of the following Monday, upon blank forms to be furnished by the Chief of Police, a legible and correct list containing an accurate description of all articles purchased or acquired by him during the preceding week, the price or the barter made therefore and the time when such articles were purchased or acquired and the name, age and residence of the seller or person from whom such articles were acquired.

§ 167-7 Conspicuous signs required; inspection of goods by police.

Every dealer or keeper of a shop mentioned in § 167-1A shall maintain in some suitable and conspicuous place on the outside of his shop or place of business a sign having his name and occupation legibly inscribed thereon in large letters. Every such shop or place of business, and all articles of merchandise therein, may be inspected and examined at any time by the City Council or its duly authorized agent or by any police officer, and all articles purchased, acquired or held by any such dealer or keeper of a shop shall be exhibited to any police officer whenever a demand be made for such exhibition.

§ 167-8 Articles to be clearly photographed or videotaped; stop order by Chief of Police.

[Added 3-27-2007 by Doc. 7[1]]
A. 
All articles purchased, received or acquired by any dealer or keeper of a shop as mentioned in § 167-1A shall be clearly photographed and the photograph shall be attached to the records of purchases required by § 167-5. In the alternative, any dealer or keeper of a shop as mentioned in § 167-1A may clearly capture the articles purchased, received or acquired on videotape, digital recording or some other video recording device, along the license plate and vehicle in which the items are being transported, provided that the video recording system and its installation location are approved by the Chief of Police or his designee at the time of installation or replacement, and, any video taken is maintained for a period of 60 days.
B. 
The Chief of Police, or his designee, having received a report of a lost or stolen property, may issue a stop order to any dealer or keeper of a shop as aforesaid prohibiting the resale of a particular article until it can be determined whether said article is like or similar to those which have been reported lost or stolen. The stop order, which shall be effective for no more that 48 hours from issuance, shall be withdrawn immediately upon a determination that the particular article is not reported lost or stolen.
[1]
Editor's Note: This document also repealed former § 167-8, Articles to be held 30 days before resale, as amended.

§ 167-9 Hours of business.

No shop or place of business as aforesaid shall be kept open for the transaction of business on Sundays or except between the hours of sunrise and 9:00 p.m. on other days, and no dealer or keeper of a shop as aforesaid shall make purchase of or barter for any of the articles mentioned in § 167-1A on Sundays or except during the period between sunrise and 9:00 p.m. on other days.

§ 167-10 Collector's badges; hours.

[Amended 3-27-2007 by Doc. 7]
Every collector of rags, paper, junk, old metal or other waste matter licensed under § 167-1B shall wear an identification badge on his person approved by the Chief of Police or his designee, and so placed as to be distinctly seen and read. All bags, baskets, vehicles or other conveyances used in the ordinary course of business by any collector licensed as aforesaid may be examined or inspected at any time by the Chief of Police or any police officer. No person so licensed as a collector shall pursue such business between the hours of 6:00 p.m. and 7:00 a.m. nor on Sundays.

§ 167-11 License number to be displayed on vehicles used in business.

Every person licensed as a dealer, keeper of a shop or collector under the provisions of § 167-3 and owning or having the care of or driving any truck, wagon, dray, cart, handcart, sleigh, sled, hand sled or other vehicle used or to be used in the City for the carrying, transporting or collection of junk, old metals, rags, papers, bottles or secondhand articles shall place upon the outside and upon each side thereof the number of his license in plain, legible figures of not less than three inches in length, and so that the same may be distinctly seen and read.

§ 167-12 Purchases from minors prohibited.

No person licensed as aforesaid shall directly or indirectly either purchase, acquire or receive by way of barter or exchange any of the articles aforesaid of any minor knowing or having reasonable cause to believe him to be such.

§ 167-13 Restriction on business operations.

All licenses granted under the provisions of this chapter shall designate the place where the person licensed may carry on his business, and he shall not engage in or carry on his business under his license in any place other than the one so designated.

§ 167-14 Special restrictions as to location of business.

No person shall deal in, collect or store old rags, old papers or other such refuse material in any building within a circle the radius of which is two miles from a center formed by the intersection of the south line of Merrimack Street and the west line of Bridge Street without a special permit therefor granted or approved by the Fire Chief.

§ 167-15 Conditions to be incorporated in license.

All the provisions of this chapter shall be incorporated in every license granted under it.

§ 167-16 Selling of firearms.

[Added 6-8-1999 by Doc. 79]
It shall be unlawful for any junk dealer to hold a license to sell firearms.

§ 167-17 Violations and penalties.

The penalties for violations of any of the sections of this chapter shall be as follows:
A. 
First offense: $ 50.
B. 
Second offense: $100.
C. 
Third and subsequent offenses: $150.

§ 167-18 Identification required.

[Added 3-27-2007 by Doc. 7]
Every dealer or keeper of a shop as mentioned in § 167-1A shall require positive identification and shall record the type of identification presented, along with the date of birth of the person from whom articles are purchased or acquired (positive identification is picture identification issued by a governmental agency).

§ 167-19 Identification to be photographed.

[Added 3-27-2007 by Doc. 7]
A photograph or photocopy shall be made of the positive identification card that is presented, which shall include the date of birth of the person from whom articles are purchased or acquired. The photo shall be maintained on file with the dealer or keeper of a shop as mentioned in § 167-1A while at all times licensed hereunder. The photographer or photocopy shall be attached to the records of purchase required by § 167-5. If at any time the license hereunder lapses or is not renewed, said photos shall be delivered to the police department.