Town of Harwich, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
[Amended 5-2-2011 ATM by Art. 43]
A. 
If an individual, business, or company is in the business of buying:
(1) 
Precious metals, including gold, silver, copper, platinum, or other metals valued for their character, rarity, beauty or quality,
(2) 
Precious gems, including diamonds, rubies, emeralds, sapphires, pearls or other precious stones valued for their character, rarity, beauty or quality,
(3) 
Watches and jewelry, including rings, necklaces, pendants, earrings, brooches, chains and pocket watches, and coins,
(4) 
Sterling silver flatware, including knives, forks, spoons, candlesticks, coffee and tea sets and ornamental objects,
(5) 
Electronic equipment, including TVs, DVD players, VCRs computers, cell phones, video games, audio, video and photographic equipment,
the individual, business, or company must have a valid secondhand dealer and collector license (junk dealer's license) issued by the licensing authority of the Town of Harwich in addition to any license or permit required by the Commonwealth of Massachusetts if any.
B. 
All secondhand dealers and collectors shall keep detailed records of their purchases of the above listed items, including identification of the seller, and these records will be maintained on the licensed premises and will be made available for inspection by the Police Chief or his designee during regular business hours or at such other times as may be mutually agreed upon.
C. 
The secondhand dealer or collector shall hold all items regulated by this section for seven days from the date of purchase.
D. 
If the Police Department has probable cause to believe that any items purchased by the secondhand dealer or collector are stolen, the items will be confiscated by the Police Department. A receipt will be issued for the items confiscated.
E. 
Transient metals dealers/buyers must obtain a secondhand dealer and collectors license in compliance with Subsection A of this section and register with the Harwich Police Department at least 14 days prior to any event soliciting the purchase within the Town of Harwich of any of the items outlined in this section.
(1) 
This shall include, but not be limited to, home parties, hotel/motel venues and any other similar event.
(2) 
All such purchases shall be subject to the same rules as licensed secondhand dealers and collectors (junk dealers) with the additional requirement that itemized documentation of all purchased items shall be submitted to the Harwich Police Department within 24 hours after the conclusion of the event.
(3) 
"Transient metals dealers/buyers" are defined as any individual, business, or company that does not have a permanent facility within the Town of Harwich where purchase and sales records are held and available for inspection by the Harwich Police Department in compliance with this By-law.
F. 
Any violation of this section may be prosecuted as a criminal matter or in an administrative procedure. Whoever violates the provisions of this section shall be fined not more than $300. The licensing authority may suspend or revoke any license issued by them whenever they have reasonable cause to believe the licensee has violated the terms, conditions or regulations pertaining to this license.
[1]
Editor's Note: See also Ch. 241, Secondhand Dealers and Collectors.
No person shall engage in the collection of garbage, rubbish or offal without first obtaining a license from the Board of Health of the Town, and all such licenses shall comply with all the rules and regulations of the Board of Health, and any violation thereof shall be punished as hereinafter provided or as may be provided by regulations of the Board of Health for any violation of its regulations.
[1]
Editor's Note: See also Ch. 247, Solid Waste.
Upon application for a license or permit to build, maintain and/or operate an amusement, the Selectmen shall hold a public hearing upon such application and publish notice in a newspaper having circulation in the Town of Harwich at least seven days prior to the date of the hearing.
The fee for original or renewed licenses for recreational camps, overnight camps or cabins, motels or mobile home parks located within the Town of Harwich shall be as established by the Board of Selectmen from time to time.
No person shall engage in the retail business of repairing of vehicles within the Town without first obtaining a Class IV vehicle repairman license from the Board of Selectmen. The Board of Selectmen shall make such rules and regulations governing Class IV vehicle repairman's licenses as may be reasonable and proper, and any licensee so licensed by the Board of Selectmen under this section, who shall violate any of the rules or regulations made by the Board of Selectmen pursuant to this section, shall be subject to such penalties as are hereinafter provided. Also the Selectmen may revoke such license for any violation at their pleasure.
[Amended 5-3-2010 ATM by Art. 65; 5-7-2012 ATM by Art. 22]
Any violations of §§ 164-2, 164-3, 164-4 and 164-5 shall be punishable by a fine of $100.
[Added 5-5-2014 ATM by Art. 51]
A. 
Purpose. Pursuant to the authority conferred upon the Town by MGL c. 40, § 57, adopted at the April 6, 1987, Annual Town Meeting as Article 78, the following is adopted for the regulation of application for, revocation, suspension, renewal or transfer of local licenses and permits issued by any board, officer, department or commission of the Town for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, with the exceptions listed in Subsection B of this bylaw.
B. 
Applicability. This chapter shall not apply to the following licenses and permits: Open Burning, MGL c. 48, § 13; Bicycle Permits, MGL c. 85, § 11A; Laws; Sales of Articles for Charitable Purposes, MGL c. 101, § 33; Children Work Permits, MGL c. 149, § 69; Associations Dispensing Food or Beverage Licenses, MGL c. 140, § 21E; Dog Licenses, MGL c. 140, § 137; Fishing, Hunting, Trapping Licenses, MGL c. 131, § 12; Marriage Licenses, MGL c. 207, § 28; Theatrical Events, Public Exhibition Permits, MGL c. 140, § 181.
C. 
List of persons delinquent in payment of municipal charges. The Town Treasurer/Collector shall annually furnish to each department, board, commission or division, hereinafter referred to as the "licensing authority," that issues licenses or permits, including renewals and transfers, a list of any person, corporation, business enterprise (hereinafter referred to as the "party"), that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the Appellate Tax Board.
D. 
Denial, revocation or suspension of license or permit for nonpayment of municipal charges. The licensing authority may deny, revoke or suspend any license or permit under their jurisdiction, including renewals and transfers, of any party whose name appears on such list furnished to the licensing authority by the Treasurer/Collector, or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or other matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority by the Treasurer/Collector; provided, however, that written notice is given to the party and the Treasurer/Collector, as required by applicable provisions of the law, and the party is given a hearing, to be held not earlier than 14 days after such notice. Such list shall be prima facie evidence for denial, revocation or suspension of such license or permit to any party. The Treasurer/Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this bylaw shall not be reissued or renewed until the licensing authority receives a certificate issued by the Treasurer/Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as of the date of issuance of such certificate.
E. 
Payment agreement - conditional permit or license issuance. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating such limitations to the license or permit and the validity of such license shall be conditioned upon the satisfactory compliance with such agreement. Failure to comply with such agreement shall be grounds for the suspension or revocation of such license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
F. 
Waiver of denial, suspension or revocation when: The Board of Selectmen may waive such denial, suspension or revocation of any license or permit if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his/her immediate family, as defined in MGL c. 268, § 1, in the business or activity conducted in or on such property.
[Added 5-5-2014 ATM by Art. 56]
A. 
The Police Department shall, as authorized by MGL c. 6, § 172 B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals and entities applying for the following licenses:
(1) 
Hawking and peddling or other door-to-door salespeople.
(2) 
Manager of alcoholic beverage license.
(3) 
Owner or operator of public conveyance.
(4) 
Dealer of secondhand articles.
(5) 
Pawn dealers.
(6) 
Junk metal dealers.
(7) 
Hackney drivers.
(8) 
Ice cream truck vendors.
B. 
At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records and obtain the individual's consent.
(1) 
The Police Chief shall periodically check with the Executive Office of Public Safety and Security ("EOPSS"), which has issued an informational bulletin, which explains the requirements for Town bylaws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance.
C. 
Upon receipt of the fingerprints, the individual's consent and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (FBI), or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this bylaw.
(1) 
The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including FBI records, consistent with this bylaw.
(2) 
The Town authorizes the Police Department to receive and utilize state and FBI records in connection with such background checks, consistent with this bylaw. The state and FBI criminal history will not be disseminated to unauthorized entities.
(3) 
Use of criminal record by licensing authorities licensing of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw.
D. 
A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination. Factors that shall be considered in making a determination of fitness shall include, but not be limited to, whether the record subject has been convicted of, or is under pending indictment for a crime, that bears upon the subject's ability or fitness to serve in that capacity, including any felony or a misdemeanor that involved force or threat of force, possession of a controlled substance, or sex-related offense.
(1) 
Licensing authorities of the Town are hereby authorized to deny any application, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this bylaw.
E. 
The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be established by a vote of the Board of Selectmen. A portion of the fee, as specified in MGL c. 6, § 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for its costs associated with the administration of the fingerprinting program.
F. 
The Board of Selectmen is authorized to promulgate regulations for the implementation of this bylaw, but in doing so it is recommended that it consult with the Chief of Police, Town Counsel, and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI's requirements for access to the national database, and other applicable state and federal requirements.
G. 
This bylaw shall take effect upon approval by the Attorney General, so long as the requirements of MGL c. 40, § 32, are satisfied.