[HISTORY: Adopted by the City of Sanford 5-15-2018 by Order No. 18-116-01. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 149.
Pawnbrokers and secondhand dealers — See Ch. 193.
In general, all words, phrases, and terms used in this chapter shall have their customary and usual meanings; as used in this chapter, the following words, phrases, and terms shall have the meanings indicated.
JUNK
Old iron, chains, brass, copper, tin, lead, or other base metals, old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens, clips, bagging, rubber, and glass, and empty bottles of different kinds when less than one gross, and all articles discarded or no longer used as a manufactured article composed of any one or more of the materials mentioned. "Junk" also includes steel or other scrap ferrous or nonferrous metal and material, salvaged household items, and salvaged vehicles and equipment.
SALVAGE COLLECTOR
Any person, firm, or corporation that collects junk or makes a business of purchasing junk and selling or exchanging that junk with a salvage dealer. "Salvage collector" does not include any person that, as part of a commercial enterprise or business, sells pursuant to a written contract or bill of sale junk in a manufacturing or production process or the collection of cans and bottles for the purposes of redemption.
SALVAGE DEALER
Any person, firm, or corporation engaged in the purchase, sale, exchange, or barter of junk as defined herein, and salvaged vehicles and equipment which are not sold, bought, or exchanged by a State-licensed dealer pursuant to 29-A M.R.S.A. § 851 et seq. or State-licensed solid waste facility pursuant to 38 M.R.S.A. § 1310-N et seq. Salvage dealing does not include the business of can and bottle redemption.
A. 
A salvage collector shall produce documentation of an issued salvage collector license at the time of a transaction with a salvage dealer.
B. 
A salvage transaction may be by credit card, debit card, or check. Cash transactions are not allowed.
C. 
Salvage transactions do not include the purchase, transfer or otherwise conveyance between salvage dealers or secondhand dealers.
A salvage dealer or salvage collector will not either directly or indirectly purchase, acquire, or receive, by way of barter or exchange, any junk from a person who has not attained the age of 18 except when said minor shall be accompanied by a parent or legal guardian who shall sign the transaction record in person before said dealer or collector.
A. 
A salvage dealer will not knowingly, either directly or indirectly, purchase, acquire, or receive, by way of barter or exchange, any junk from a person known to be a thief or a receiver of stolen property.
B. 
The Police Department may advise the salvage dealer of any person previously convicted as a thief or receiver of stolen property.
A. 
If a law enforcement officer has reasonable suspicion that salvage material or junk being held by a salvage dealer is stolen or related to criminal activity, the officer may issue a written order to the salvage dealer, specifying the scrap metal that must be retained and the length of time, which may not exceed seven days, that the salvage dealer must retain the identified salvage material or junk.
B. 
Prior to the expiration time period of the hold, a law enforcement officer may impose an additional hold period, which may not exceed seven days. The law enforcement officer imposing the additional hold shall provide the salvage dealer a written description of the salvage material or junk to be retained and the length of time the salvage material or junk must be retained.
A. 
Salvage dealers shall keep and maintain a record of all transactions for a period of no less than three years and shall make the records available to any law enforcement officer.
B. 
Every transaction record shall contain the following information:
(1) 
The name and address of the salvage collector. Proof of identification is required with a driver's license, military identification card, passport or other form of government-issued photo identification. The photo identification shall be photocopied and a record made of the distinct identification number and kind of photo identification;
(2) 
The date of the transaction;
(3) 
A general description of the predominant types of salvaged material or junk, which shall be made in accordance with the custom of the trade;
(4) 
The weight, quantity or volume, recorded in accordance with the custom of the trade;
(5) 
The consideration paid;
(6) 
A signed statement that the seller is the owner or is otherwise authorized to sell the salvaged material or junk on a form provided by the salvage dealer that conspicuously bears the warning that making a false statement is a Class D Crime under 17-A M.R.S.A. § 453; and
(7) 
The make, model, and number and state of issue of the license plate of the vehicle being used to deliver the salvage material or junk.
C. 
A transaction does not include a transaction in which a salvage dealer purchases, transfers, or otherwise conveys metal to a scrap metal processor.
No person, firm or corporation may engage in the business of salvage dealer or salvage collector without first obtaining a license for each such purpose from the City. Licenses under this chapter shall not be issued unless the City Clerk receives affirmation from the Inspection Team that the applicant's proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this chapter and is adequate grounds for the denial, revocation, or suspension of a license.
License applications under this chapter shall be processed according to the procedures established in this chapter and Chapter 149, Licensing. A license may be issued after the annual fee required has been paid through the City Clerk's office. The fee for a license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for salvage collectors and salvage dealers.