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City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as Secs. 8-1 through 8-7 of the 1965 Code (Ch. 123 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unpaid taxes and issuance of permits — See Ch. 398, Art. I.
Peddling and soliciting — See Ch. 468.
Property maintenance — See Ch. 485.
Restrictions on sale of weapons — See Ch. 619, Art. I.
Zoning — See Ch. 650.
[Amended 1-24-2011 by Ord. No. 10/11-1002667B-1]
A. 
No person shall be a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals, rags or secondhand articles unless licensed by the City Council, which may grant licenses as it may determine.
B. 
Said licenses may be revoked, suspended or modified at pleasure by the City Council.
C. 
Upon revocation, suspension or modification of such license, the City Clerk shall note the revocation upon the face of the record thereof, and shall give written notice to the licensee as provided under MGL c. 140, § 205, as amended.
D. 
A licensee may make a written request for a hearing before the City Council on any such revocation, suspension or modification, which shall be held by the City Council within 30 days, or as soon as practicable thereafter, of the receipt of the request.
[Added 4-28-1980 by Ord. No. 20281; amended 2-9-2004 by Ord. No. 04-9962C]
The fee for the licenses issued pursuant to § 377-1 of this chapter shall be $25 per year for a dealer or collector of junk and $25 for a secondhand article dealer.
No junk or secondhand dealer shall carry on his business in any other place than that designated in his license, unless consent be granted by the City Council.
No vehicle shall be used for the collection of junk, metals, rags or secondhand articles unless licensed by the City Council. Every such vehicle shall bear conspicuously the owner's name and the number of the license on the outside and on each side.
It shall be the duty of the City Clerk to keep a record of the name and residence of every dealer licensed under this chapter, together with the number of the vehicles used in his business, and of the particular business for which his license is granted and a list of dealers in the articles mentioned in this chapter and of the places wherein the business is to be carried on. The Clerk shall also keep a list of all persons employed by any such dealer in the peddling or collecting of any such articles.
[Added 4-27-1981 by Ord. No. 21252; amended 1-24-2011 by Ord. No. 10/11-1002667B-1]
No article purchased or received by a dealer in junk or secondhand articles shall be sold or removed from his or her possession until at least 30 days from the date of purchase or receipt of the same has elapsed.
A. 
Every person dealing in junk or secondhand articles or keeping such a shop shall keep a book in which he shall record, at the time of every purchase of any such article, a description of the same with the name, apparent age and residence of the party from whom it was purchased and the day and hour when received. This book shall at all times be open to the inspection of the Mayor, Councilmen or any police officer.
B. 
When any such goods shall be sold, the dealer shall enter on his book the name and address of the purchaser, with such facts as may be necessary to keep track of the goods.
C. 
Every person dealing in junk or secondhand articles or keeping such a shop shall submit a weekly audit sheet to the Police Department of all precious metals and antiques purchased by said dealer.
[Added 8-10-1981 by Ord. No. 21465]
D. 
Violations of this section by licensees purchasing or receiving gold, silver or platinum shall be subject to penalties described in MGL 266, § 142A, as amended.
[Added 1-24-2011 by Ord. No. 10/11-1002667B-1]
Every junk or secondhand dealer shall place upon his shop a conspicuous sign, stating his name and occupation.
No dealer in such goods shall, directly or indirectly, purchase or receive, by way of barter or exchange, such goods or allow them to be deposited upon or within his premises, shop or vehicle by any minor, knowing or having reason to believe him to be such, without the written consent thereto of the parent or guardian of such minor and also a declaration in writing of such parent or guardian that the goods so offered for sale, or by way of exchange or barter, or proposed to be deposited, as aforesaid, came from the premises of such parent or guardian or are rightly in the possession of such minor for the purpose of sale, barter, exchange or deposits as aforesaid.
[Added 1-24-2011 by Ord. No. 10/11-1002667B-1]
A. 
Whoever acts as a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals, rags or secondhand articles without a license or after notice that his license has been revoked or suspended shall be subject to a fine of $100 per day for each and every day the violation continues after issuance of a notice of violation by the Building Commissioner or his designee, who may enforce such violation pursuant to the provisions of MGL c. 40, § 21D, as amended.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
B. 
Whoever violates the provisions of this chapter, other than by operation after revocation or suspension as provided in Subsection A of this section or as provided in Subsection D of § 377-7, shall be subject to a fine of $100 per day for each and every day the violation continues after issuance of a notice of violation by the Chief of Police or his designee, who may enforce such violation pursuant to the provisions of MGL c. 40, § 21D, as amended. Whoever acts as a collector of, dealer in or keeper of a shop for the purchase, sale or barter of junk, old metals, rags or secondhand articles without a license may also be subject to a fine under the provisions of this subsection.
C. 
All fines are payable to the City of Marlborough through the City Clerk's office.