[HISTORY: Adopted by the Town Meeting of the Town of Avon 5-7-2019 ATM by Art. 8. Amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings
indicated:
Includes all collected junk, old metal with limited economic
value, rags, paper or secondhand articles; excluding old gold and
antique furniture.
Any person, firm, or corporation in the Town engaged in the
business of paying for or selling junk, old metal, rags, paper or
secondhand articles, excluding old gold and antique furniture.
Includes all ferrous and nonferrous metals.
Any person, firm or corporation in the Town engaged in the
business of paying for regulated metals that have served their original
economic purposes, whether or not engaged in the business of performing
the manufacturing process by which metals are converted into raw materials
products consisting of prepared grades and having an existing or potential
economic value.
[Amended 1-28-2023 STM by Art. 9]
No person, including a scrap metals recycler, salvage yard operator,
junk dealer or secondhand dealer, shall engage in the business of
purchasing, selling, bartering or dealing any junk, scrap metals or
any articles containing those metals, from the general public for
the purpose of reselling or recycling the junk or scrap metals without
first obtaining a license from the Select Board. No applicant shall
be granted a scrap metals recycler license, or junk dealer's license
unless the applicant is determined to be a suitable person, of proven
character and reputation such as to suggest that the applicant will
operate the business in conformity with the requirements of this bylaw.
Each such license shall be signed by the Police Chief.
Every applicant for a scrap metals recycler license or junk
dealer's license shall provide the name, address, phone number and
e-mail address of all persons having an interest in the license. In
the case of a publicly traded corporation, the applicant shall provide
the name, address, phone number and e-mail address of the designated
individual having general oversight or management responsibility for
the business operation. The keeper of a shop shall display his license
in some conspicuous place in his shop. Each motor vehicle to be operated
under the license shall have the number of the license attached to
or painted upon the outside in a conspicuous place in figures at least
two inches in height.
A.
Every person licensed under this bylaw shall require the seller of
any goods or merchandise to present a valid motor vehicle operator's
license containing his or her photograph or other such suitable identification
containing his or her photograph (passport, military, state or federal
identification).
B.
For each sale, the licensee shall obtain and record the following
information: the vehicle make, model, color, and registration of the
seller.
C.
The licensee shall photograph the vehicle the seller uses to transport
and the goods or merchandise being sold, so as to obtain a visual
record of the general character and appearance of the goods or merchandise.
D.
The licensee shall maintain a record of the same, together with any
other records required by law.
E.
Every seller shall sign a statement stating that the seller is the
legal owner of the property, or is the agent of the owner authorized
to sell the property.
F.
Records of such sales shall be maintained by the licensee for a minimum
of two years.
The licensee shall, upon request of the police, provide a report
of all transactions, including the type and quantity of materials
purchased, the seller's name, address, driver's license number and
state of issuance, date of birth, vehicle registration number, vehicle
make and model and color. Such report shall be in either written or
electronic format as determined by the Police Chief or his or her
designee. Such reports shall be provided no more frequently than once
per day. Said licensee shall also respond fully and cooperatively
to any inquiries for additional information from the police, including
the opportunity to examine the licensee's records relating to specific
purchases, and to view any materials on site.
A.
Every licensee
shall hold for a minimum of 24 hours and shall notify immediately
the Police Department of the following property purchased or received
consisting of brass, bronze, copper, cast iron, stainless steel, and/or
wrought iron:
(1)
Statues and sculptures;
(2)
Weather vanes;
(3)
Downspouts;
(4)
Handrails;
(5)
Decorative fencing;
(6)
Grave markers, sculptures, plaques and vases, the appearance of which
suggest that the articles have been obtained from a cemetery;
(7)
Manhole covers;
(8)
Beer kegs;
(9)
Contractor's,
builder's or mechanic's type tools.
B.
During such holding period, such property shall be kept separate and distinct and shall not be disfigured or treated in any manner so as to alter or destroy its identity. The Chief of Police or his or her designee may issue an annual waiver for § 158-6 as long as § 158-4 and § 158-5 are maintained by the licensee.
This bylaw shall be monitored and enforced by the Avon Police
Department. Violations of any part of this bylaw shall be punished
by a fine of $300 for each offense pursuant to MGL c. 40, § 21.
Additionally, the Town may seek equitable relief in Superior Court
for any violation of this bylaw.
