[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.]
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 those secondhand articles listed in § 251-14 (secondhand shop license).
[Amended 10-12-2023 by Ch. No. 3282]
D.
Establish, operate or maintain an automobile junkyard
(automobile junkyard license).
[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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
[Amended 5-24-2018 by Ch. No. 3160]
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.
[Added 2-6-1997 by Ch. No. 2442]
A.
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.
[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.
