[HISTORY: Adopted by the Town of Greenfield (now City Council of the City of Greenfield) as amended 3-21-2012 by Order No. FY 12-102 (Ch. 83 of the 2002 Bylaws). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Denial or revocation of licenses for nonpayment of taxes — See Ch. 288, Art. I.
Pawnbrokers — See Ch. 328.
Peddling and soliciting — See Ch. 337.
Signs — See Ch. 359.
Tag sales — See Ch. 394.
[Amended 4-17-2019 by Order No. FY 19-125]
The purpose of this chapter is to ensure public safety, protection of the environment, deterrence and aid in detection of sale of stolen goods, protection of visual/aesthetic qualities of the neighborhood and City, and to provide means of recourse for concerns regarding these by neighbors or the City.
[Amended 4-17-2019 by Order No. FY 19-125]
A. 
This chapter is adopted under authority of MGL c. 140, § 54.
B. 
In accordance with MGL c. 140, § 54 and the City of Greenfield Home Rule Charter Section 6-9, the Greenfield Board of License Commissioners is the licensing and regulatory authority for the purposes of this chapter, and as such may make rules and regulations relative to the business of junk dealers and junk collectors, may provide supervision thereof, may make additional rules and restrictions particular to any junk dealer or junk collector business, and said licenses may be revoked after a hearing for cause.
C. 
In accordance with MGL c. 140, § 202, the Board of License Commissioners shall set reasonable license fees for junk dealers and junk collectors.
[Amended 4-17-2019 by Order No. FY 19-125]
As used in this chapter, the following terms shall have the meanings indicated:
ANTIQUE SHOP
An establishment for the sale of antiques, secondhand articles, or collectible items.
AUTOMOBILE GRAVEYARD
In accordance with MGL c. 140B, § 1(b), an automobile graveyard is deemed to be any establishment or place of business or any area of any lot, whether inside or outside of a building, which is maintained, operated, or used for collection, storage, keeping, abandonment, buying, or selling of wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts and/or for the dismantling or demolition of such.
CITY
The City of Greenfield.
JUNK
In accordance with MGL c. 140B, § 1(a), junk is deemed to be any article or material that will no longer be used for its original intended purpose, but instead will be discarded, collected, stored, or sold for salvage, recycling, or conversion to another article, product, or material. This includes but is not limited to items such as old, scrap, or used copper, brass, iron, steel or other ferrous materials; old, scrapped, or used paper, lumber, rope, rags, plastic, rubber, glass, or other nonferrous material; junked, dismantled, wrecked, or inoperative automobiles/motor vehicles, or parts thereof; old, scrapped, or used machinery, batteries, electronics; or trash, waste, etc. Any motor vehicle that is unregistered and inoperative and that has been stored outside for more than six months shall be considered junk.
JUNK COLLECTOR
Any 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.
JUNK DEALER
Any person who deals in or keeps a shop for the purchase, sale, or barter of junk, old metals, or secondhand articles, as these items are defined in this chapter and the Massachusetts General Laws.
JUNKYARD
In accordance with MGL c. 140B, § 1(c), a junkyard is an establishment or place of business or any area of any lot, whether inside or outside of a building, which is maintained, operated, or used for the collection, storage, keeping, abandonment, buying, or selling of junk, or for the maintenance or operation of an automobile graveyard, including for dismantling, demolition, processing, or conversion of such, and the term shall include garbage dumps and sanitary fills.
OLD METALS
Any metalwares, including but not limited to silverware, pewter, stainless steel, copper, or brass, or precious metals of extraordinary value such as gold, silver, etc.
SECONDHAND ARTICLES
Any item being resold for use that will maintain the original intended purpose of the product. This includes but is not limited to items such as clothing, furniture, antiques, household items, appliances, collectibles, etc. In keeping with MGL c. 140, § 55, books, prints, coins, and postage stamps shall not be deemed to be within the meaning of this definition nor within that of this chapter. Also not included in this definition are motor vehicles.
A. 
Anyone collecting, storing, dealing in, or keeping a shop or yard for the purchase, sale, or barter of junk, old metals, or secondhand articles must first obtain a junk dealer and/or junk collector license from the Board of License Commissioners. This does not include pawnbrokers or tag sales, which are regulated elsewhere, nor those dealing exclusively in secondhand books, prints, coins, postage stamps or used clothes.
[Amended 10-19-2016 by Order No. FY 17-052]
B. 
The Board may issue different categories of junk dealer or junk collector licenses; i.e., for secondhand articles, for old metals, for junk/salvage yards or auto graveyards, or any combination thereof.
A. 
Junk dealer and junk collector licenses may only be issued to suitable persons.
B. 
Issuance of junk dealer and junk collector licenses is contingent on compliance with all municipal and commonwealth requirements.
C. 
Junk dealer and junk collector licenses are nontransferable, site-specific, and expire on May 1 of each year.
D. 
The Board of License Commissioners may make rules, restrictions, or conditions for all junk dealer and junk collector businesses or particular restrictions for individual businesses.
E. 
Automotive graveyards are required to post an environmental remediation bond in the amount of $10,000,000.
Every junk dealer and junk collector shall keep a record containing the following information:
A. 
A description of each item purchased, traded for, or otherwise obtained or collected for this business;
B. 
The name of the person or business from whom or which the item was obtained;
C. 
The residence or place of business of the person or business from whom or which the item was obtained; and
D. 
The date when the transaction was made.
[Amended 4-17-2019 by Order No. FY 19-125]
Such records shall, upon reasonable request, be made available for inspection by any City of Greenfield inspector, enforcement officer, or police officer and to the Board of License Commissioners.
[Amended 4-17-2019 by Order No. FY 19-125]
A. 
The provisions of this chapter may be enforced by any available means in law or equity, including, but not limited to, enforcement by noncriminal disposition pursuant to MGL c. 40, § 21D and City of Greenfield Code Chapter 1, Article II. When enforced through noncriminal disposition, the penalties shall be $100 per each violation, with each calendar day constituting a separate violation.
B. 
In addition to noncriminal disposition, any licensee violating any provision of this chapter or any of the conditions or restrictions of its license will be subject to a civil penalty of $100 for the first offense, $200 for the second offense, and $300 for the third and subsequent offense(s), and/or suspension or revocation of its license.
C. 
Anyone who collects, deals in, or keeps a shop or yard for the purchase, sale, or barter of junk, old metals, or secondhand articles without a license or after notice that his/her junk dealer or junk collector license has been revoked or suspended will be in violation of this chapter.