[HISTORY: Adopted by the Town Meeting of the Town of Marion as Art. XI of the Bylaws. Amendments noted where applicable.]
The Selectmen may license suitable persons to be dealers and keepers of shops principally for the purchase, sale, or barter of junk, old metal, or secondhand articles in the Town. They may also license suitable persons as junk collectors to collect by purchase or otherwise junk, old metal, and secondhand articles from place to place in the Town; and they must provide that such collectors shall display badges upon their persons or upon their vehicles or upon both when engaged in collecting, transporting, or dealing in junk, old metal, or secondhand articles and may prescribe the design thereof. They may also provide that such shops and all articles of merchandise therein and any place, vehicle, or receptacle used for the collection or keeping of the articles aforesaid may be examined at all reasonable hours by the Selectmen or by any person by them authorized thereto. The fee for such license shall be in the discretion of the Selectmen, except that it shall not be less than $25 nor exceed $250.
Every keeper of a shop principally for the purpose of sale or barter of junk, old metal, or secondhand articles within the limits of the Town shall keep a book in which shall be written at the time of every purchase of any such article a description thereof, the name, age, and residence of the person from whom purchased and the day and hour when such purchase was made; such book shall at all times be open to the inspection of the Selectmen and of any person by them authorized to make such inspection. Every keeper of such shall put in a suitable and conspicuous place in his shop a sign having his name and occupation legibly inscribed thereon in large letters. Such shop and all articles of merchandise therein may be at all times examined by the Selectmen or by any person by them authorized to make such examination; and no keeper of such shop and no junk collector shall directly or indirectly either purchase or receive by way of barter or exchange any of the articles aforesaid of a minor or apprentice, knowing or having reason to believe him to be such; and no article purchased or received by such shopkeeper shall be sold until at least 30 days from the date of its purchase or receipt have elapsed. No junk collector shall purchase or sell any of the articles aforesaid from 6:00 p.m. to 7:00 a.m.
In no case shall a license be granted until:
A plan of the location has been submitted to the Planning Board for its review, said plan to be submitted 14 days before the first action by the Selectmen.
A public hearing has been held, said hearing to be given 10 days' prior notice and all abutters and the Planning Board having been duly notified.
Whoever violates any of the foregoing bylaws shall, unless other provision is expressly made, be liable to a penalty of not more than $20 for each offense.
It shall be the duty of the Selectmen and the police officers of the Town to promptly prosecute for all violations of the foregoing bylaw.