[Added 1-10-2012 by Ord. No. 2012-3]
For purposes of this section, the following terms are defined
as follows:
A regular occupation or constant employment; not an isolated
or occasional transaction.
Includes dealers in and keepers of shops for the purchase,
sale or barter of junk, old metals, or secondhand articles.
Any substance or article consisting of metal or a metal alloy,
but excluding aluminum beverage containers if such containers have
a refund value pursuant to MGL c. 94, § 322.
Any business, individual, corporation, association or organization
engaged in metals dealing for profit.
Engaging in a business, from a fixed location or otherwise,
of gathering or obtaining metal or metal articles.
No person shall carry on the business of a dealer in or keeper
of a shop for the purchase, sale, barter or storage of junk, newspapers,
old metals or secondhand articles unless he is duly licensed therefor
by the City Council in accordance with the provisions of MGL c. 140,
§§ 54 through 56.
A.
Upon application for a junk or secondhand license, the City Clerk
shall cause notice of such application, together with the location
of the business, to be advertised in one or more daily newspapers,
stating that a public hearing will be given by the City Council or
a committee thereof at the time and place stated in such notice. The
cost of such advertisement shall be defrayed by the applicant at the
time of application.
B.
There shall be no requirement for advertising and public hearing
for any person who holds a valid existing license at the time of making
application for a license at the same location.
If the application for a junk or secondhand license is for a
yard or outside storage, the notice of the time and place of the public
hearing shall be given by registered mail by the City Clerk at the
expense of the applicant to all owners of real estate abutting on
the land for which the application is made, or directly opposite such
land, as they appear on the most recent local tax list at the time
the application for such license is filed.
No business shall be operated for the purchase, sale, barter
or storage of junk, newspapers, old metals or secondhand articles
unless a license has been obtained in accordance with the provisions
of this article and unless the person operating such business complies
with the rules, regulations, bylaws or ordinances of the City which
in any manner affect the carrying on of such business; otherwise,
the license granted under this article may be revoked at the pleasure
of the City Council.
[Amended 1-10-2012 by Ord. No. 2012-3]
A.
A metals dealer must comply with the following recordkeeping procedures:
(1)
Keep a daily transaction log in a bound book with consecutively numbered
pages or in electronic format, that shall be easily retrieved, including:
(a)
Clearly printed or typed identification information of the seller.
The identifying information shall include name, date of birth, residence,
and driver's license number or state identification number issued
by a government agency, a current United States military identification
card, or a current passport issued by a governmental agency that positively
identifies the person selling the metals to the metals dealer.
(b)
The license plate number, when applicable, and state of issue
of the seller's vehicle used to transport the article to the dealer's
place of business.
(c)
The date and time when the transaction occurred.
(d)
The price paid for the article.
(e)
An accurate description of the article, including type of metal,
weight, quantity, including all distinguishing marks, model names,
model numbers and serial numbers.
(f)
A written statement from the person offering the article stating
that he or she is in lawful possession of the article being offered.
(2)
Retain a clear photocopy of the driver's license or government-issued
photo identification or a current United States military identification
card or a current passport issued by a government agency that positively
identifies the person selling the metals.
(3)
Retain a current inventory of metal or metal articles.
(4)
Retain the records stated in this section for a period of three years.
(5)
Records shall not be erased, obliterated, defaced, removed or changed.
(6)
A correct and complete record of all transactions shall be transmitted
to the Chief of Police or his designee electronically or by another
approved method, once daily, or as otherwise determined by the Chief
of Police or his designee.
B.
A metals dealer shall not:
(1)
Purchase or take in any item that appears to have had serial numbers
or any other identifying marks forged, altered, or obliterated. The
identifying marks shall include, but are not limited to, engravings,
initials, or similar inscriptions.
(2)
Accept or purchase new production scrap or new materials that are
part of a manufacturing process, from any individual who is not company-affiliated
or an authorized contractor of the manufacturer, municipality, government
or utility.
C.
Other items that cannot be accepted by a junk and/or metals dealer
are:
(1)
Materials only used by governments or for very specific purposes;
(2)
Guardrails;
(3)
Manhole covers;
(4)
Cables used only in high-voltage transmission lines;
(5)
Historical markers;
(6)
Cemetery plaques;
(7)
Full-sized new materials or equipment such as are used in construction
by contractors;
(8)
Bleachers from an athletic field;
(9)
Traffic signs;
(10)
Beer kegs.
E.
Every keeper of a shop for the purchase, sale or barter of junk or secondhand articles, with the exception of metals which shall be subject to Subsections A, B and C, shall keep a book in which shall be written, at the time of every purchase of any such articles, a description thereof, and the name, age and residence of the person from whom and the day and hour when such purchase was made.
The records required to be kept by § 14-375 shall at all times be available for inspection by the City Council, or any person authorized by the City Council to make inspection, or any member of the police force.
Every keeper of a shop for the purchase, sale or barter of junk,
old metals or secondhand articles shall put in some conspicuous and
suitable place on his shop a sign having his name and occupation legibly
inscribed thereon in large letters.
All junk shops, and all articles of merchandise therein, may
be at all times examined by the City Council, and by any person authorized
by the City Council to make such examination.
No keeper of a shop for the purchase, sale or barter of junk,
old metals or secondhand articles shall, directly or indirectly, either
purchase or receive by way of barter or exchange any such articles
from a minor, knowing or having reason to believe him to be such.
[Amended 5-5-2003 by Ord. No. 2003-10]
No article purchased or received by a dealer or keeper of a
shop for the purchase, sale or barter of junk, old metals, gold, silver,
jewelry, precious stones or secondhand articles shall be sold until
a period of at least 30 days from the date of its purchase or receipt
has elapsed.
Every shop for the purchase, sale or barter of junk, old metals
or secondhand articles shall be closed between the hours of 9:00 p.m.
in the evening and 6:00 a.m. in the morning, and no keeper thereof
shall purchase or receive any of such articles between such hours.
The purchase and sale of secondhand boots and shoes for footwear
of people is not included in the provisions of this article requiring
a license and records to be kept.
[Added 1-10-2012 by Ord. No. 2012-3]
A.
The City of Fall River Police Department shall be charged with enforcement
of this article.
B.
Penalties. Any person carrying on the business of being a metals
and/or junk dealer without a license or in violation of this article
shall be assessed a fine in the amount of $300 and the junk dealing
license may be revoked at the discretion of the City Council.
C.
Forfeiture. Items obtained in violation of this article are subject
to forfeiture.
