City of Pawtucket, RI
Providence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Pawtucket, approved 10-17-1967 by Ch. No. 1135 as Secs. 18-1 through 18-24 of the 1966 Code and 5-18-1967 as Ch. No. 1117; amended in its entirety 7-25-1996 by Ch. No. 2420. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 383.
Removal of vehicles — See Ch. 392.

§ 251-1 License required.

No person, firm or corporation shall engage in any of the following activities without having obtained a license from the City Council:
A. 
Keep a shop or storehouse for the reception or sale of junk, old metals or any secondhand articles (wholesale junk license).
B. 
Gather junk, old metals or secondhand articles (retail junk license) in any bag, wagon or cart, except that keeping of shops for the purchase, sale or barter of books, pamphlets or periodicals shall not require a license.
C. 
Sell, purchase, barter and deal in junk, old metals and any other secondhand articles (secondhand shop license).
D. 
Establish, operate or maintain an automobile junkyard (automobile junkyard license).

§ 251-2 Renewal of licenses.

[Amended 4-22-2004 by Ch. No. 2727; 11-21-2007 by Ch. No. 2882]
A. 
Secondhand shop licenses and automobile junkyard licenses shall be for a term of one year commencing on the first day of the month of May of each year and shall specify the Assessor's lot and plat upon which such business is to be conducted.
B. 
Wholesale junk licenses and retail junk licenses shall be for a term of one year commencing on first day of the month of May of each year.

§ 251-3 License fees.

A. 
The following fees are hereby prescribed and shall be charged and collected before the issuance of any license:
(1) 
For the keeper of a shop or storehouse for the reception of any junk, old metals or secondhand articles (wholesale junk license) which is not an automobile junkyard: $50.
(2) 
For any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings: $5.
(3) 
For any gatherer of junk, old metals or secondhand articles (retail junk license): $10.
(4) 
For any person, firm or corporation establishing, operating or maintaining an automobile junkyard: $100.
(5) 
For a dealer in secondhand articles (secondhand shop license): $100.
[Amended 2-6-1997 by Ch. No. 2442]
B. 
No rebate shall be made from the license fee for such license for any license term less than one year.

§ 251-4 Hearings.

A. 
The City Council before granting a wholesale junk license, a secondhand shop license or an automobile junkyard license under this chapter in any location not lawfully occupied for such purpose at the time of the application for such license shall hold a public hearing notice of which shall be given by advertisement published once a week for at least two weeks prior to the meeting of the City Council where said license shall be considered. Said advertisement shall be published in a local newspaper published in the City where the applicant proposes to operate. Said notice shall be given by the office of the City Clerk, and the cost thereof shall be borne by the applicant. Said notice shall state that remonstrants are entitled to be heard before the granting of such license and shall name the time and place of such hearing. Before said City Council shall publish notice of a hearing it shall collect from the applicant the license fee, plus a filing fee of $85, plus the cost of posting and publishing said notice.
[Amended 2-6-1997 by Ch. No. 2442]
B. 
No wholesale junk license, secondhand shop license or automobile junkyard license shall be granted under this chapter for any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the City Council their objection to the granting of such license; provided, however, that this subsection shall not apply to any applicant who is the keeper of such a shop or storehouse or automobile junkyard which is being acquired under eminent domain proceedings.
C. 
The City Council before granting a license under this chapter shall have caused notice of said application to be given by mail, to all owners of property whose property in whole or in part shall fall within 200 feet of the property line of the place of business seeking said application. The manner and method of notification of property owners shall be done in accordance with rules and regulations provided by the office of the City Clerk. Said notice shall be given by the office of the City Clerk, and the cost thereof shall be borne by the applicant. Said notice shall state that remonstrants are entitled to be heard before the granting of such license and shall name the time and place of such hearing.

§ 251-5 General application requirements.

A. 
All applications for licenses under this chapter shall be referred to the Chief of Police for his or her approval or disapproval before being acted upon by the City Council.
B. 
Every application for a retail junk license shall set forth the name and age of the applicant and the residence and business or employment of the applicant during the five years next preceding such application. Applications for wholesale junk and for secondhand shop licenses shall give the location of the shop or storehouse.

§ 251-6 General licensing requirements.

A. 
Licenses issued under the provisions of this chapter shall not be transferable.
B. 
Every wholesale junk and secondhand shop licensee shall display in a conspicuous place within his or her shop or storehouse the license last granted to him.

§ 251-7 Keeping of property for certain period of time.

Every person licensed under the provisions of this chapter shall keep any property purchased or received by him or her and required to be entered upon his or her record book for a period of 10 days. During such period, such property shall be kept separate and distinct and shall not be disfigured or treated in any way by which its identity may be destroyed or affected, provided that any retail junk license may at any time sell any such property to any person licensed as above provided; provided further, that any person licensed as above provided may sell or melt such property within such period of 10 days, upon permission in writing from the Chief of Police, or from such person as he or she shall designate to act for him.

§ 251-8 Minors.

No person licensed pursuant to this chapter shall, directly or indirectly, either purchase or receive in barter or exchange any junk, old metals or secondhand articles from any minor, unless such minor shall be licensed in accordance with this chapter.

§ 251-9 Purchase and sale of bar or pig iron prohibited.

No person licensed as provided in this chapter shall directly or indirectly either purchase or receive in barter or exchange or sell any bar or pig iron.

§ 251-10 Retail junk licenses.

A. 
Carrying of license required. Every person licensed as a retail junk dealer under the provisions of this chapter shall carry the license at all times when engaged in business.
B. 
Badges.
(1) 
Every retail junk dealer licensed under this chapter shall obtain from the City Clerk a badge and shall wear such badge on the outside of the outside coat when engaged in business.
(2) 
The badge required by Subsection B(1) shall bear a number which shall correspond to the badge number marked on the license.
(3) 
The badge required by Subsection B(1) shall be issued by the City Clerk upon a deposit of $0.50 to such person as shall obtain the license bearing such badge number.
(4) 
Upon the surrender of the badge required by Subsection B(1) to the City Clerk, the deposit required by Subsection B(3) shall be returned, and the license shall thereby be revoked.
C. 
Sign on vehicle. Every retail licensee under this chapter shall have a sign on the right and left sides of each vehicle used in his or her business marked "Junk License, Pawtucket" and bearing the badge number in figures at least two inches high, to be furnished by the City Clerk upon the receipt of $0.75 to be paid to the City Clerk by the person obtaining the license.
D. 
Unauthorized use of badge sign. No person shall wear the badge required by Subsection B or use any sign required by Subsection C after the expiration or revocation of the license represented by it. Any licensed person who shall suffer any such sign or badge issued to him or her to be used any another person, for a purpose similar to that for which the badge or signs were issued to him or her, shall forfeit such badge or sign, together with the license represented by it.
E. 
Storing of junk. No retail junk licensee shall store any junk in any building or premises of which any part is used as a dwelling house, except with the written consent of the Chief of the Fire Division.

§ 251-11 Wholesale junk licenses.

A. 
Records. Every wholesale junk licensee shall keep in a book a contemporaneous record in ink, and in the English language, of the business done as follows: a full and accurate description of every article purchased or sold at the time of such purchase or sale, except a purchase or sale of junk or old metal weighing one ton or over, the name and residence of the person from or to whom the same was purchased or sold and the day and hour of such purchase or sale. Every licensee shall require positive proof of identification with photograph, date of birth, and current address of every seller and shall require the seller to sign a statement on a form to be approved or provided by the Chief of Police stating that the seller is the legal owner of the property or is the agent of the owner authorized to sell the property, and when and where or in what manner the property was obtained.
[Amended 4-20-2006 by Ch. No. 2804]
B. 
The book of record required to be kept by Subsection A and every shop, storehouse, bag, vehicle, wagon, cart or place of business of any such licensed person shall be subject to the inspection and examination by members of the Police Division or any person authorized by any member of the Police Division.
C. 
Notice of pendency; hearing. Whenever an application for a wholesale junk license is filed with the City Clerk, the Clerk shall prepare a notice of the pendency of the same, stating the time and place when the City Council will consider the application and that all persons interested therein may be heard. The applicant shall cause such notice to be advertised in the newspaper having general circulation in the City three consecutive days previous to the time when such application is to be considered.
D. 
No wholesale junk licensee shall do or permit to be done any business in his or her shop or storehouse between the hours of 7:00 p.m. and 7:00 a.m.
E. 
Whenever required, the licensee shall submit copies of the statement forms to the inspection of the Chief of Police, or the Deputy Chief of Police, or any member of the Detective Division, and shall also make out and deliver to the Chief of Police of the City, every day before 12:00 noon, a legible and correct copy of all the statement forms made during the 24 hours preceding the hour of 10:00 a.m. of the day upon which the copy is made. The licensee shall deliver or mail weekly to the Chief of Police copies of all statement forms from the preceding seven-day period.
[Added 4-20-2006 by Ch. No. 2804]
F. 
Any licensee who knowingly writes the wrong name or address of a person offering any article for sale, or who knowingly permits the signing of the wrong name or address, shall be fined $100 for the first offense. Upon a second offense, the licensee's license shall be revoked, and he or she shall not be permitted to conduct the business of wholesale junk dealer in this City for one year. For violating any other provisions of this section a licensee shall be fined $100.
[Added 4-20-2006 by Ch. No. 2804]
G. 
Any person offering any article for sale who signs a wrong name or address shall be punished by a fine of not more than $100.
[Added 4-20-2006 by Ch. No. 2804]

§ 251-12 Automobile junkyards.

A. 
Automobile junkyard defined. As used in this chapter, "automobile junkyard" means a place where one or more unserviceable, discarded, worn-out or junked automobiles, or bodies, engines, tires, parts or accessories thereof, are gathered together.
B. 
No license shall be granted for an automobile junkyard:
(1) 
Unless it is to be operated and maintained entirely within a building;
(2) 
Unless it is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(3) 
Unless it is:
(a) 
More than 600 feet from any state highway.
(b) 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom.
(c) 
Screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to the City Council and so specified on said license.
C. 
Existing licensed automobile junkyards. The provisions of Subsection B(1), (2) and (3)(a) and (b) shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to § 5-21-1 and § 31-5-28 of the General Laws on August 1, 1965.
D. 
Operation and maintenance of junkyards. All persons, firms or corporations establishing, operating or maintaining an automobile junkyard shall establish, operate and maintain the same in such a manner as will not attract vermin or other pests and will not create a nuisance nor adversely affect the health and welfare of the surrounding landowners. All persons, firms or corporations shall abide by and execute any rules, orders or regulations which the City Council may, from time to time, issue concerning the operation and maintenance of such junkyards.
E. 
License revocation; hearing. The City Council may, after receipt of a complaint, notice thereof to the licensee and public hearing thereon, revoke any such license for violation of any of the provisions hereof or violation of any rules, orders or regulations which the City Council may, from time to time, issue concerning the operation and maintenance of such junkyards.

§ 251-13 Violations and penalties.

Any person, firm or corporation carrying on business without a license or violating any of the provisions of this chapter shall, for any one offense, be fined not exceeding $500 or imprisoned not exceeding 30 days.

§ 251-14 Classification of secondhand shop licenses.

[Added 2-6-1997 by Ch. No. 2442]
A. 
Secondhand shop licenses as defined in § 251-1C shall be classified as follows:
(1) 
Class A: retail establishments engaged in the sale of used vehicles.
(2) 
Class B: retail establishments engaged in the sale of used auto parts.
(3) 
Class C: retail establishments engaged in the sale of all other used general merchandise.
B. 
All licenses for secondhand shops may contain one or more classes as defined above, based on what the applicant will be selling. There will be no additional charge for licenses with more than one class designation.

§ 251-15 Change of classificaiton.

[Added 2-6-1997 by Ch. No. 2442]
Any retail establishment wishing to change or add a class or classes to their secondhand shop license, as defined in § 251-1C, must apply for a change of classification following all the requirements as for a new license. The change of license fee shall be $10.