[HISTORY: Adopted by the Town Meeting of the Town of Marion
as Art. XI of the Bylaws. Amendments noted where applicable.]
[Amended 5-10-2021 ATM by Art. 44]
The Select Board members 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 Select Board members or by any person
by them authorized thereto. The fee for such license shall be in the
discretion of the Select Board, except that it shall not be less than
$25 nor exceed $250.
[Amended 5-10-2021 ATM by Art. 44]
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 Select Board members 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 Select Board members 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.
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 Select Board.
[Amended 5-10-2021 ATM by Art. 44]
B.
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.
[Amended 5-10-2021 ATM by Art. 44]
It shall be the duty of the Select Board and the police officers
of the Town to promptly prosecute for all violations of the foregoing
bylaw.
