[Amended 5-4-2011 by Ord. No. 054-2011; 6-3-2014 by Ord. No. 100-2014]
No person, unless he or she is duly licensed
by the Chief of Police, shall:
A. Be a dealer in or keeper of a shop for the purchase,
sale or barter of junk, old metals or secondhand articles.
B. Go about picking up or collecting rags, paper, junk,
old metals or other waste matter or secondhand articles as a junk
collector.
C. Buy, sell or otherwise deal in, as a principal business,
secondhand motor vehicles for the purpose of remodeling, taking apart
or rebuilding the same, or buy or sell, as a principal business, parts
of secondhand motor vehicles or tires.
D. No person licensed or required to be licensed under the provisions of Chapter
130, either as a pawnbroker or as a dealer in metals, needs to obtain a license under this Chapter
116.
As used in this chapter, the following terms
shall have the meanings indicated:
CHIEF OF POLICE
The Chief of the Fitchburg Police Department or his or her
designee.
[Added 5-4-2011 by Ord. No. 054-2011; amended 6-3-2014 by Ord. No. 100-2014]
JUNK COLLECTOR
A person who, by going from place to place, collects, by
purchase or otherwise, junk, old metals or secondhand articles, whether
or not by previous contract or arrangement.
[Amended 5-4-2011 by Ord. No. 054-2011]
A. The Chief of Police may, for a fee set by him, and based upon an application devised by him, license suitable persons to be junk collectors or junk dealers in and keepers of shops or locations for the purchase, sale or barter of junk, old metals or secondhand articles at such places within the City as may be designated in such license. The Chief of Police may place reasonable conditions on such licenses which shall be inscribed on the face of the license. A license for a shop shall be limited to a specific address stated thereon. Subject to the notice and appeal provisions contained in §
116-14G of this chapter, the Police Chief may deny a license to any person who, in the exercise of his or her reasonable discretion, is unsuitable.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B. All junk
dealer licenses shall expire annually on June 30. The license holders
shall be responsible for submitting an application for license renewal
with the license fee to the Police Chief at least 30 days prior to
June 30. Upon receipt of an application for renewal, the Police Chief
shall consider the performance of the licensee during the previous
year and shall determine whether the licensee had been found in violation
of this chapter and other ordinances and regulations of the City applicable
to junk dealers.
C. The Police
Chief may promulgate reasonable regulations not inconsistent with
this chapter which shall be binding upon all licensees. No regulation
shall take effect until the expiration of 30 days from the date the
regulation(s) is delivered or mailed to the persons then licensed.
The Police Chief shall deliver a complete set of regulations and any
amendments thereto to the City Clerk. The Police Chief and the City
Clerk shall maintain the complete set of all regulations in a book
available to the public.
D. Junk collectors
shall display badges upon their persons and upon their vehicles when
engaged in collecting, transporting or dealing in junk, metals or
secondhand articles. Badges displayed upon the person shall be circular
in form, of a diameter of not less than 2 1/2 inches, and shall bear
upon the face thereof, in plain letters, the words "Junk Collector,"
together with the number of the license of such junk collector. The
badge displayed upon the vehicle shall be rectangular in form, of
a dimension of not less than eight by six inches, and shall bear upon
its face the words "Junk Collector" and the number of the license
of such collector.
[Amended 5-4-2011 by Ord. No. 054-2011]
A. Every licensee
shall electronically create and send to the Police Chief, on a form,
in the manner and at the time prescribed by the Police Chief, a legible,
a complete and accurate list containing an accurate description of
all junk and secondhand articles, except books, magazines or furniture,
received by the licensee during the previous 24 hours. The description
must include: the type of article; the size and/or quantity; whether
the article is or may be a precious metal; if applicable, whether
the article is typically used by or associated with a male or female;
the wording of any engraving; whether the article has any gems or
precious stones; any identifying number and every other identifiable
trait. The licensee shall also submit to the Police Chief a photograph
of each article purchased or received during the previous 24 hours.
B. The licensee
shall also provide to the Police Chief electronically, on a daily
basis, a copy of a photograph, photographic identification of the
person from whom the licensee received such article(s) and the person’s
name, age, permanent address, and telephone number.
C. Every licensee shall, at the time of making any exchange or receipt of any article assign and attach a number to each article received and shall make entry of such number in the book described in Subsection
D.
D. Every licensee
shall keep a book in which shall be legibly written in ink, in the
English language, at the time the licensee receives any article the
following information:
(1) An
account and description, including all distinguishing or identifying
marks and numbers of every article, except books, magazines or furniture,
received by the licensee.
(2) The
amount of money, if any, paid for the article.
(3) The
date and hour when it was received.
(4) The
name, age, permanent address and telephone number of the person from
whom purchased or received.
(5) A copy
of the document used to identify the person giving the article to
the licensee.
E. Every licensee
shall require positive identification from any person selling or exchanging
any article. The licensee shall copy and record the type of identification
presented and the date of birth from any person giving or exchanging
any article. Positive identification means only a government issued
document with the person’s name and photograph. The licensee
shall photograph any person exchanging any article(s). A copy of the
identification and the photograph shall be kept with the book required
by this section as part of his or her records.
[Amended 6-3-2014 by Ord.
No. 100-2014]
F. No entry
made in the book, required by this section, shall be erased, obliterated
or defaced in any manner whatsoever. The book shall, at all times,
be open for the inspection by the Police Chief or any police officer.
The licensee shall keep and maintain all the records required by this
chapter for a period of three years from the date of the last entry
in any book.
Rags and wastepaper kept or collected by junk
dealers or junk collectors shall not be kept or stored within the
limits of the fire district except in substantial brick or stone buildings,
unless the terms of this section are waived, in writing, for the City
by the Chief of the Fire Department.
[Amended 5-4-2011 by Ord. No. 054-2011]
All persons licensed under this chapter shall
be required to have a suitable and presentable place of business and
shall be required to conform to such reasonable rules and regulations
as may, from time to time, be passed by the Chief of Police.
[Amended 5-4-2011 by Ord. No. 054-2011]
Every shop, place, vehicle or receptacle used
for the collecting, storage or keeping of junk, old metals or secondhand
articles and all articles of merchandise therein may be examined at
all times by the Chief of Police.
[Amended 6-3-2014 by Ord.
No. 100-2014]
No keeper of a junk shop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any of the articles mentioned in §
116-1 from a minor, knowing or having reason to believe him or her to be such.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Every keeper of a junk shop shall put in a suitable
and conspicuous place on his or her shop a sign having his or her
name and occupation legibly inscribed thereon in large letters.
Keepers of junkyards shall erect and maintain
a suitable fence around their junkyards.
[Amended 5-4-2011 by Ord. No. 054-2011]
Every keeper of a junk shop for the purchase,
sale or barter of junk, old metals or secondhand articles within the
limits of the City shall keep a book in which shall be written, at
the time of purchase of any articles, a description thereof, the name,
age and residence of the person from whom purchased and the day and
hour when such purchase was made, and such book shall at all times
be open to the inspection of the Chief of Police.
All junk shops shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any of the articles mentioned in §
116-1 except during such hours.
[Added 5-4-2011 by Ord. No. 054-2011]
A. Whoever, not having a valid license as required by this chapter,
exchanges, collects, deals in or barters junk or secondhand articles
or whoever having a license in any place or manner other than that
designated in his or her license, or after notice to him or her that
his or her license has been revoked, or whoever violates this chapter
or any rule, regulation or restriction contained in his or her license,
or any regulation promulgated by the Chief of Police shall be subject
to the fines and sanctions described in this section. Each day of
such violation shall constitute a separate offense.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B. The fine for breach of the duty imposed by this chapter is $300.
Each day on which the person continues in violation shall be considered
as a separate violation.
C. All invoices for the payment of municipal charges and bills, fines
or violations under any provision of this chapter or arising in connection
with enforcing the chapter are due and payable within 14 days after
they are mailed or delivered unless a different due date is otherwise
provided by law or ordinance. Any invoice remaining unpaid after its
due date will accrue interest from the due date at the rate of interest
charged on tax bills under the provisions of MGL c. 59, § 57,
as the same may from time to time be amended. The fees and charges
assessed under this chapter, together with interest thereon and costs
relative thereto, shall be a lien upon the real estate as described
in MGL c. 40, § 58. The lien shall take effect upon the
recording of a list of unpaid municipal charges and fees by parcel
of land and by the name of the person assessed for the charge or fee
in the Registry of Deeds and, if a charge or fee which is secured
by a municipal charges lien remains unpaid when the Assessors are
preparing a real estate tax list and warrant to be committed under
MGL c. 59, § 53, the enforcing authority in charge of collecting
the charge or fee, or the Collector of Taxes shall certify the charge
or fee to the Assessors, who shall forthwith add the charge or fee
to the tax on the property to which it relates and commit it with
their warrant to the Collector of Taxes as part of such tax.
D. If the property to which such charge or fee relates is tax exempt,
the charge or fee shall be committed as a tax. A lien under this section
may be discharged by filing a certificate from the Tax Collector that
all municipal charges or fees constituting the lien, together with
any interest and costs thereon, have been paid or legally abated.
All costs of recording or discharging a lien under this section shall
be borne by the owner of the property.
E. This section may also, in the discretion of the Chief of Police,
be enforced by civil process or by noncriminal disposition as provided
in MGL c. 40, § 21D. The Chief of Police or any Fitchburg
police officer may issue tickets to enforce this chapter. If enforced
civilly by ticket, each day on which a violation exists shall be deemed
to be a separate offense and the violator shall be subject to the
following fines:
(4) Fourth and each subsequent violation: $300.
F. In addition to the penalties set forth above, the enforcing authority
may seek an injunction from an appropriate court to restrain any violation
of this chapter, any regulation promulgated by the Chief of Police
or any condition inscribed on a license.
G. The Chief of Police may terminate any license or refuse to renew
any license for violation of this chapter, a regulation promulgated
by the Chief of Police or any condition inscribed on the license.
He or she shall use the procedure described in this section.
[Amended 6-3-2014 by Ord.
No. 100-2014]
(1) Notice of violation. Whenever it comes to the attention of the Police
Chief or any police officer that there is a violation of this chapter,
a regulation of the Police Chief or a condition inscribed on a license,
the Police Chief shall, by written notice, delivered personally or
sent by certified mail to the licensee notify him or her of the violation
and order the person to cease and desist. Depending on the severity
of the violation as determined by him, the Chief of Police may terminate
the license. The Police Chief shall also provide notice if he or she
determines to deny an application for a license stating the reasons
therefor.
(2) Contents of notice. The written notice to the licensee shall contain
a description of the violation(s) and the date(s) of occurrence and
a citation to the section of the chapter, regulation or license condition
which the licensee is alleged to have violated. The notice will, if
applicable, describe what the licensee must do to comply, whether
the Police Chief intends to terminate the license and the effective
date of the termination which shall afford the licensee at least seven
days to file an appeal of the proposed termination to the Mayor. In
the case of denial of a license the notice shall state the reasons
for the denial.
(3) Appeal. Upon receipt of a notice of license termination, or denial,
the licensee may within seven days of receipt of the notice file a
written appeal by delivery or certified mail to the Mayor's office
during the hours of 8:30 to 4:30 on days when City Hall is open for
business. When the Mayor receives an appeal, he or she shall appoint
a neutral hearing officer who will take testimony from any persons
with knowledge of the facts, including any police officer and the
appellant. The appellant may be represented by counsel, and any person
so testifying will be subject to cross examination. The proceedings
will be governed by the rules of evidence applicable to an informal
administrative hearing. The hearing officer will assure that an appropriate
record, including any documents submitted, is made and kept. The decision
of the hearing officer will be written and final.
H. The Chief of Police, subject to the process described in this section,
may refuse to renew any license. The Chief shall not issue a license
to any person convicted of a felony.