[HISTORY: Adopted by the Town Meeting of the Town of Middleborough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
Every person who is licensed by the Board of Selectmen as a
keeper of a shop for the purchase, sale or barter of junk, old metals
or secondhand articles shall keep a book in which, at the time of
each such purchase, sale or barter, shall be legibly written in the
English language an account and description, including all distinguishing
marks and numbers of the property purchased, sold or bartered. The
full name and residential address of each person purchasing, selling
or bartering such property and the date of each such transaction shall
be entered in such book. Only property purchased by the keeper of
such a shop at a cost of $50 or greater, or bartered for with property
valued at $50 or greater, shall be required to be listed in such book.
Whoever violates any provision of this bylaw shall be punished
by a fine of not more than $300 for each offense.
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
Every person or party who is a collector of, dealer in or keeper
of a shop for the purchase, sale or barter of junk, old metals or
secondhand articles shall have a license issued by the Board of Selectmen.
The license issued by the Board of Selectmen shall be subject to applicable
provisions of MGL c. 140, including without limitation MGL c. 140,
§ 54 and §§ 202 to 205, inclusive.
Any person or party holding a license or who is required to
have a license pursuant to this bylaw (hereafter "licensee") who in
the course of business buys, trades for, barters for or otherwise
acquires precious metals, jewelry or gemstones shall hold such items
for a period of 30 days from the date of acquisition of the items
before selling, trading, bartering or otherwise disposing of the items.
During the thirty-day period, a licensee shall not melt or otherwise
alter the appearance of such items.
A.
A licensee shall submit to the Chief of Police a weekly report of
all precious metals, jewelry or gemstones acquired by the licensee
during the week prior to the report. Reports shall be written in English
and legible.
C.
A weekly report shall be submitted on Monday or Tuesday of each week
and shall include all such items acquired during the week prior to
the date the report is submitted (Sunday through Saturday, inclusive).
A licensee may store and transmit reports required under § 180-7 electronically, subject to approval of the format of the reports by the Chief of Police.
A licensee shall take a color photograph of all persons from
whom the licensee acquires precious metals, jewelry or gemstones.
A licensee shall also take a color photograph of all precious metals,
jewelry and gemstones acquired by the licensee. The licensee shall
retain the color photographs of the persons and items for not less
than 30 days from the date of acquisition of the items depicted in
the photographs and shall make the photographs available for review
by members of the Middleborough Police Department upon request.
As used in this bylaw, the following words and phrases shall
have the following meanings:
Diamonds or other precious stones consisting of mineral or
petrified material and used or suitable for use in jewelry.
Items containing precious metals, sometimes set with gemstones,
intended for wear for personal adornment, including without limitation
watches, pocket watches and other devices for keeping time.
Items containing gold, silver or platinum in whatever form.
Whoever violates any provision of this bylaw shall be subject
to a fine of $300 for each violation.
