ARTICLE IX. - JUNK AND SECONDHAND GOODS
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (9) --- Cross reference— Dismantled, junked and abandoned vehicles, § 10-26 et seq.
State Law reference— Secondhand dealers authority to license. G.L. 1956, § 5-21-1 et seq.; junkyards, G.L. 1956, § 24-14-1 et seq.; automobile wrecking and salvage yards, G.L. 1956, § 42-14.2-1 et seq.; pawnbrokers dealing in secondhand articles, G.L. 1956, § 19-26-7.
DIVISION 1. - GENERALLY#
Secs. 8-191—8-200. - Reserved.#
DIVISION 2. - JUNK AND SECONDHAND GOODS DEALERS#
Sec. 8-201. - License required.#
No person shall engage in the business of purchasing, selling, bartering or dealing in junk, old metals or any secondhand articles, including automobiles, whether as a keeper of a shop, storehouse or flea market operation for the reception of such materials or as gatherer of such materials in any bag, wagon or cart or as foundryman or other person receiving the materials for the purpose of melting the materials or of converting the materials into castings. No person shall establish, operate or maintain an automobile junkyard within this city, unless such persons shall be duly licensed by the city council and subject to the conditions and restrictions set forth in this article.
(Rev. Ords. 1987, § 8-161)
State Law reference— License for junk and secondhand dealers, G.L. 1956, §§ 5-21-1, 5-21-2.
Sec. 8-202. - Application fee for establishment of junk and secondhand dealer's location.#
The fee for an application for a license to keep a shop or storehouse for the reception of any junk, old metals or other secondhand articles including automobiles or to establish, operate or maintain an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license shall be $10.00, plus the cost of posting and publishing the notice of the hearing on such application.
(Rev. Ords. 1987, § 8-162)
Sec. 8-203. - Application; reference to chief of police.#
Every applicant for a license required by section 8-201 or renewal thereof shall make application upon a form to be furnished by the city clerk, furnishing such information as may be requested or required by such form. Such application, when completed by the applicant, shall be referred to the chief of police for his recommendation before being acted upon by the city council. The city council shall approve such license for just and good cause.
(Rev. Ords. 1987, § 8-163)
Sec. 8-204. - Advertising application; hearing thereon.#
(a)
The city council, before granting a license under this article to keep a shop, storehouse or flea market operation for the reception of any junk, old metals or other secondhand articles, including automobiles, or to establish, operate or maintain an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing, notice of which shall be posted by the city clerk at least seven days but not more than 14 days prior to such hearing in not less than two public places in this city and in a newspaper of general circulation in this city, provided that before the city clerk shall post or publish notice of a hearing he shall collect from the applicant for such license a fee of $15.00, plus the cost of posting and publishing such notice. The city clerk shall post or publish notice of a hearing and shall collect from the applicant for a flea market license a fee of $25.00, plus the cost of posting and publishing such notice.
(b)
No license shall be granted under this article to the keeper of any shop, storehouse or flea market operation for the reception of any junk, old metals or other secondhand articles, including automobiles, or to a person establishing, operating or maintaining an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the city council their objection to the granting of such license, provided that this subsection shall not apply to any applicant who is the keeper of such a shop or storehouse, or automobile junkyard within the city, which is being acquired under eminent domain proceedings and was duly licensed by this city prior to such eminent domain proceedings.
(Rev. Ords. 1987, § 8-164)
Sec. 8-205. - Fees generally.#
The annual fees for the license required by section 8-201 shall be as provided in sections 8-26 and 8-27.
(Rev. Ords. 1987, § 8-165)
Sec. 8-206. - Fee not rebated.#
No rebate shall be made from the license fee provided for in sections 8-26 and 8-27 for any license or any licensed term less than one year.
(Rev. Ords. 1987, § 8-166)
Sec. 8-207. - Display of license.#
Every keeper of any junk shop or storehouse licensed pursuant to this article shall display in a conspicuous place within such shop or storehouse the license last granted to him.
(Rev. Ords. 1987, § 8-167)
Sec. 8-208. - Transfer of license.#
Any license granted pursuant to this article may be transferred by the city clerk upon the previous approval of the city council and upon the payment of a fee as provided in section 8-10.
(Rev. Ords. 1987, § 8-168)
Sec. 8-209. - Expiration of license.#
All licenses granted pursuant to this article shall expire on December 1 next succeeding the date of such license.
(Rev. Ords. 1987, § 8-169)
Sec. 8-210. - Use of dwelling house for business.#
No such business specified in section 8-201 shall be carried on in any building or premises any part of which is used as a dwelling house, except with the recommendation in writing of the chief of police and chief of the fire department.
(Rev. Ords. 1987, § 8-170)
Sec. 8-211. - Record to be kept; information to be shown.#
Every person licensed pursuant to section 8-201 with the exception of licensed gatherers, shall keep in a book obtained from or under the direction of the city clerk a contemporaneous record in ink and in the English language of the business done by him as follows: A description of every article purchased or sold by him at the time of such purchase or sale; the name and residence of the person from or to whom the article was purchased or sold; and the day or hour of such purchase or sale.
(Rev. Ords. 1987, § 8-171)
Sec. 8-212. - Inspection of records, shops, vehicles, etc.#
The book or record required to be kept in section 8-211 and every shop, storehouse, bag, wagon, cart or foundry or place of business of any such person licensed pursuant to this article shall be subject to the inspection and examination of the chief of police, or any other person authorized by him.
(Rev. Ords. 1987, § 8-172)
Sec. 8-213. - Property not to be sold for ten days; to be kept separate, etc., during such period.#
Every person licensed pursuant to this article shall keep any property purchased or received by him for a period of ten days from and after the report required to be made by him to the chief of police. During such period such property shall be kept separate and distinct, and shall not be disfigured or treated in any way by which its identity may be destroyed or affected, provided that any person licensed as a gatherer may at any time sell any such property to a keeper of a shop or storehouse or to a foundryman or other person licensed pursuant to this article, provided further, that any keeper of a shop or storehouse or any foundryman or other person licensed pursuant to this chapter may sell or melt within the period of ten days, upon permission in writing from the chief of police or from such person as he shall designate to act for him.
(Rev. Ords. 1987, § 8-173)
Sec. 8-214. - Reports to police.#
Every person licensed pursuant to this article, except a gatherer, shall once per calendar week deliver to the chief of police, or his office, on blank forms to be prescribed by the chief a legible and correct transcript from the book kept by such licensed person as provided in section 8-211, showing the business done by such person during the business week immediately preceding.
(Rev. Ords. 1987, § 8-174)
Sec. 8-215. - Exemptions from sections 8-211 through 8-214.#
Sections 8-211 through 8-214 shall not apply to any purchase or sale of junk or old metals weighing one ton or over.
(Rev. Ords. 1987, § 8-175)
Sec. 8-216. - Hours of business.#
No keeper of any junk shop or storehouse shall do or suffer to be done any business therein between 7:00 p.m. and 7:00 a.m.
(Rev. Ords. 1987, § 8-176)
Sec. 8-217. - Dealing with minors; sale, etc., of bar or pig iron.#
No person licensed pursuant to this article shall directly or indirectly either purchase or receive in barter or exchange any junk, old metals or secondhand articles from any minor, unless such minor shall be licensed in accordance with this article; nor shall any such licensed person directly or indirectly either purchase or receive in barter or exchange or sell any bar or pig iron.
(Rev. Ords. 1987, § 8-177)
Sec. 8-218. - Display of firearms and certain weapons.#
No dealer in secondhand articles shall display in his place of business any pistols or firearms of any description, nor any blackjacks slingshots, billies, brass knuckles or other weapons of like kind and description.
(Rev. Ords. 1987, § 8-178)
Sec. 8-219. - Article not applicable to certain shopkeepers.#
This article shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets and periodicals.
(Rev. Ords. 1987, § 8-179)
Secs. 8-220—8-230. - Reserved.#
DIVISION 3. - AUTOMOBILE JUNKYARDS#
Footnotes:
--- (10) --- Cross reference— Vehicles and traffic, ch. 18.
Sec. 8-231. - Definition.#
For the purposes of this chapter, automobile junkyard means a place where one or more unserviceable, discarded, worn-out or junked automobiles or bodies, engines, tires, parts or accessories thereof are gathered together.
(Rev. Ords. 1987, § 8-180)
Cross reference— Definitions generally, § 1-2.
State Law reference— Similar provisions, G.L. 1956, § 5-21-3.
Sec. 8-232. - Conditions for issuance of license for automobile junkyard.#
No license shall be granted for an automobile junkyard under section 8-201 unless: (1)
It is to be operated and maintained entirely within a building;
(2)
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, contiguous to a railroad siding or on or contiguous to docking facilities;
(3)
It is:
a.
More than 600 feet from any state highway;
b.
More than 300 feet from any park, bathing beach, playground, church or cemetery and is not within ordinary view therefrom;
c.
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high acceptable to the city council and so specified on such license.
(Rev. Ords. 1987, § 8-181)
Sec. 8-233. - Operation and maintenance of automobile junkyard.#
(a)
Notwithstanding any other provision of this article, except section 8-234, it shall be a misdemeanor to operate or maintain an automobile junkyard unless:
(1)
It is to be operated and maintained entirely within a building;
(2)
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, contiguous to a railroad siding or on or contiguous to docking facilities;
(3)
It is:
a.
More than 600 feet from any state highway;
b.
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom;
c.
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high.
(b)
It shall be the duty of the police department of the city to enforce this section, and any person violating this section shall, upon conviction for the first offense, be punished by a fine of not less than $50.00 nor more than $100.00 or by imprisonment for not less than ten days nor more than 30 days, or by both such fine and imprisonment. For a second or subsequent conviction, such person shall be fined not less than $100.00 nor more than $500.00 or by imprisonment for not less than 30 days nor more than six months.
(Rev. Ords. 1987, § 8-182)
Sec. 8-234. - Applicability of certain provisions to existing licensed yards.#
The provisions of subsections 8-232(1), (2), (3)a, (3)b and section 8-233 shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to section 8-201 on the date of passage of this article.
(Rev. Ords. 1987, § 8-183)
Secs. 8-235—8-250. - Reserved.#
DIVISION 4. - FLEA MARKETS#
Sec. 8-251. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Flea market operation means any facility where activities take place commonly known as, but not limited to swap shops, penny markets and where tangible articles are bought, sold or exchanged.
Flea market operator means any person who owns or controls the premises at which the activity defined as a flea market operation is conducted.
Flea market vendor means any person, firm or corporation who engages in or conducts the activity of buying, selling or exchanging, whether on a casual or regular basis, any tangible articles, whether new, secondhand or used, in any facility described in the definition of flea market operation.
(Rev. Ords. 1987, § 8-184(a)—(c))
Cross reference— Definitions generally, § 1-2.
Sec. 8-252. - Permit required.#
It shall be unlawful for any flea market operator to operate unless a permit shall be applied for, granted and in existence, all in compliance with the provisions of this article and with sections 8-201 and 8-204.
(Rev. Ords. 1987, § 8-184(d))
Sec. 8-253. - Vendor's record of inventory and employees.#
Every flea market vendor in the city shall provide the flea market operator with a record of inventory of articles (other than used wearing apparel) to be offered for sale or exchange prior to offering them for sale or exchange at the flea market operation. Such record of inventory shall be legibly written in the English language, either in ink or typewritten, and shall include a description of such tangible articles making up the inventory that can be specifically described by serial number, model number, brand name, personalized initials or personalized inscription or which bear evidence of having had a serial number, model number, brand name, personalized initials or personalized inscription. If any such articles have been acquired by the flea market vendor within a period of 60 days prior to the date of proposed sale, the inventory shall also include the identity by name and address of the person from whom such articles were received and the date such articles were received. Every vendor shall also complete a form indicating the real name of the person conducting the activity, any fictitious name under which the activity is being conducted and the name of all employees whether paid or not. The record forms required by this section will be those furnished by the police department of the city.
(Rev. Ords. 1987, § 8-184(e))
Sec. 8-254. - Inspection of record of inventory and employees.#
The record of inventory and employees required by section 8-253 shall be made available by the flea market operator at any time after receipt thereof from the flea market vendor. The police department shall also have the right to thoroughly inspect the premises where the activity is being conducted, at any time during normal hours, to compare the entry kept in the record of inventory and employees with the articles and employees located on such premises. All persons in charge of such premises shall render to the police department such assistance as may reasonably be necessary to enable it to complete such an inspection.
(Rev. Ords. 1987, § 8-184(f))
Sec. 8-255. - Duties and responsibilities of operator.#
It shall be the duty of every flea market operator to see that all vendors using the flea market operation are advised of the reporting requirements of this article. The flea market operator will also be responsible for seeing that each vendor receives the forms prescribed by the police department for recording inventory and employees, and that each vendor is advised that such record of inventory and employees is to be returned properly filled out to the operator prior to offering any articles for sale or exchange in the flea market operation. The operator will make such completed forms available to the police department on demand. The operator shall not allow any vendor to sell or exchange articles unless the records requested in section 8-253 have been provided to such operator. Failure to perform the above stated duties and responsibilities by the flea market operator will be grounds for permit revocation or suspension.
(Rev. Ords. 1987, § 8-184(g))
Sec. 8-256. - Merchandise to be held or impounded.#
Articles may be disposed of, provided there has been compliance with the provisions of section 8-253. Articles which the police department have reasonable grounds to believe were stolen may be impounded or left with the vendor under a hold order at the discretion of any member of the city police department. An article may be impounded or held under a hold order by the city police department for a period of 30 days pending investigation as to the ownership of the article. It shall be unlawful for any flea market vendor to dispose of any property contrary to any hold order issued by a member of the police department.
(Rev. Ords. 1987, § 8-184(h))
Sec. 8-257. - Receipt of goods from minors by vendors.#
It shall be unlawful for any person operating as a flea market vendor, or for any employee or agent thereof, to receive any articles by purchase or otherwise from any minor with the intent to sell or exchange such articles at a flea market operation.
(Rev. Ords. 1987, § 8-184(i))
Sec. 8-258. - Exceptions.#
Religious, benevolent, charitable and civic organizations operating as nonprofit flea market vendors shall be exempt from the provisions of this article, provided that all articles presented for sale or exchange have been donated.
(Rev. Ords. 1987, § 8-184(j))
Sec. 8-259. - Penalty for false statements and failure to make report.#
Any person who fails to make a report required by this article or who makes a false statement in any report required by this article is guilty of a misdemeanor.
(Rev. Ords. 1987, § 8-184(k))
Secs. 8-260—8-270. - Reserved.#
DIVISION 5. - YARD SALES#
Sec. 8-271. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Personal property means property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of residing in or maintaining the residence or household where the yard sale is taking place. Merchandise purchases for the purpose of resale or which was obtained on consignment is not included in this definition.
Yard sale means all general sales, opened to the public, conducted from or on residential premises for the purpose of disposing of the personal property of the owner or tenant of the residence, and shall include but shall not be limited to sales entitled "yard," "garage," "lawn," "attic," "porch," "room," "backyard," "patio," or "rummage" sale; provided however, that neighborhood owners and/or tenants may participate in any such yard sale as defined in this division so as to authorize multifamily garage sale, so long as the owner or tenant of the premises at which the sale is operated is conducting and in charge of the sale. This definition of yard sale shall only include sales in which more than five items are offered for sale from a residential property.
(Rev. Ords. 1987, § 8-185(a), (b))
Cross reference— Definitions generally, § 1-2.
Sec. 8-272. - Permit required.#
No yard sale shall take place in the city unless and until a permit therefor is obtained by the individuals desiring to hold such a sale. Owners or tenants of more than one residence may obtain a joint permit for such a sale as long as it is to be held at the residence of one of them. The first three permits obtained in one calendar year shall be issued by the city clerk. Additional permits obtained after this shall be issued by the city clerk upon approval by the city council.
(Rev. Ords. 1987, § 8-185(c))
Sec. 8-273. - Permit fee.#
There shall be an administrative processing fee of $5.00 for the first three permits obtained in one calendar year. Additional permits obtained after this shall have a fee of $10.00.
(Rev. Ords. 1987, § 8-185(d))
Sec. 8-274. - Hours of operation.#
Any yard sale conducted in the city shall be limited in time to no more than the daylight hours of two consecutive days.
(Rev. Ords. 1987, § 8-185(e))
Sec. 8-275. - Advertising; signs.#
No sign or other form of advertising shall be exhibited more than two days prior to a sale, and all forms of advertising must be removed within 12 hours of the close of any sale.
(Rev. Ords. 1987, § 8-185(f))
Sec. 8-276. - Display of personal property.#
Personal property offered for sale as a garage sale may be displayed within the residence in a carport, in a garage, or in any part of the yard thereof. A vehicle offered for sale, however, must be displayed in a permanently constructed driveway.
(Rev. Ords. 1987, § 8-185(g))
Sec. 8-277. - Responsibility for orderly behavior.#
The individual to whom a permit is issued and the owner or tenant of the property at which such a sale is conducted are jointly responsible for upholding good order and decorum on the premises during the hours of such a sale. Any loud or boisterous language or conduct on the premises, or any impediment to the passage of traffic that is posed by vehicles because of the sale is prohibited. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the city reasonably necessary to maintain the public health, safety, and welfare.
(Rev. Ords. 1987, § 8-185(h))
Sec. 8-278. - Exemptions.#
The provisions of this section shall not apply to or affect: (1)
Persons selling goods or personal property as a:
a.
Lien foreclosure sale authorized and conducted pursuant to law;
b.
Judicial sale pursuant to the order of any court of competent jurisdiction; or
c.
Sale by a trustee, executor, administrator, or other fiduciary authorized or required by law.
(2)
Any sale conducted by any merchant or other business establishment from or at a place of business provided such sale is licensed as required by law and permitted by the zoning regulations by the city either as a conforming or an existing nonconforming use under the provisions thereof or any sale conducted by a manufacturer, dealer, or vendor otherwise authorized by law and which is conducted from properly zoned premises and which is not otherwise prohibited by the ordinances of the city.
(3)
Any sale conducted by any exempt organization, defined as any charitable, nonprofit, tax-exempt organization, contribution to which are deductible for federal or state income tax purposes.
(Rev. Ords. 1987, § 8-185(i))
Sec. 8-279. - Violation.#
Any article sold on each day a sale is conducted in violation of this division shall constitute a separate offense.
(Rev. Ords. 1987, § 8-185(j))
Sec. 8-280. - Penalty.#
Any person found guilty of violating the terms of this section shall be fined not less than $25.00 nor more than $100.00 for each offense.
(Rev. Ords. 1987, § 8-185(k))
DIVISION 6. - TRANSACTION TRACKING FOR THEFT PREVENTION#
Sec. 8-281. - Records to be kept, metals.#
(a)
Every person licensed under this article for the purpose of purchasing, selling, bartering or dealing in old metals shall record all transactions for which a license is required under this article. The licensee shall, upon request, send any records created pursuant to this section to the chief of police.
The record created pursuant to this section shall include the following: (1)
Date of the transactions;
(2)
Name, address, telephone number, and signature of the person from whom the old or used metals are purchased or received, as well as a photocopy or digital image of the person's photo identification;
(3)
License plate number of the vehicle used to transport the old or used metals, whenever applicable;
(4)
A description of the old or used metals;
(5)
Price paid for the old or used metals.
(b)
Nothing in this section shall be construed as requiring additional recordkeeping for junked automobiles or automobile parts beyond what is otherwise provided by law or except what is otherwise required by this section.
(c)
Records created under this section shall be kept by the licensee for two years from the date of the transaction. Nothing in this section shall be construed as to relieve any licensee of any record retention requirements otherwise required by law.
(d)
This section shall not apply to the purchase of old metals from a person who is licensed to engage in the business of purchasing, selling, bartering or dealing in junk, old metals or secondhand articles, and who has previously recorded the contents of the load, pursuant to this section, and such person provides a written statement affirming such record at the time of the transaction.
(Ch. 842, § I, 6-7-22)
Sec. 8-282. - Acquisition of certain automobile parts.#
(a)
No person or entity licensed by the City of East Providence may purchase or otherwise accept or acquire a motor vehicle part known as a catalytic converter from another person or entity unless the seller or offeror presents proof of identification in addition to a bill of sale or other legal document demonstrating ownership of said catalytic converter. The licensee shall retain photocopies or digital images of said documentation.
(b)
In addition, every person or entity licensed by the City of East Providence shall record all catalytic converter transactions. The licensee shall, upon request, present any records created pursuant to this section to the chief of police or his or her designee. The records created pursuant to this section shall include the following:
(1)
Date of transaction;
(2)
Name, address, telephone number, and signature of the person from whom the catalytic converter was purchased or received;
(3)
A photocopy or digital image of the person's photo identification;
(4)
License plate number and vehicle identification number (VIN) of the vehicle used to transport the catalytic converter to the licensee, whenever applicable;
(5)
A description of the catalytic converter;
(6)
A photograph of the catalytic converter;
(7)
Photocopies or digital images of the bill of sale or other legal document demonstrating ownership by the seller or offeror; and
(8)
Price paid by the licensee for the catalytic converter. Records created pursuant to this section shall be retained for a period of three years from the date of acquisition of the property.
(c)
Every person or entity licensed by the City of East Providence shall keep for a period of ten days the catalytic converter acquired. During said holding period, the catalytic converter shall be kept separate and distinct from other property and shall not be disfigured or treated in any way by which its identity may be destroyed or affected.
(d)
No person or entity licensed by the City of East Providence shall be permitted to acquire catalytic converters in exchange for cash.
(e)
The provisions of this section shall not apply to acquisitions or purchases by licensees of entire motor vehicles.
(Ch. 842, § I, 6-7-22)
Sec. 8-283. - Enforcement and penalties.#
In addition to any other applicable penalties or fines, the East Providence Police Department shall enforce the provisions of this article. If an alleged violation occurs, the police department shall issue a citation that will require the license holder to appear for a show cause hearing before the board of licenses. If, after a hearing, the board finds a violation has occurred, the board shall impose a civil fine of $125.00 for the first offense, $250.00 for the second offense, and $500.00 for any subsequent offense. Additionally, the board may suspend or revoke the license for any violations of the conditions or restrictions imposed upon the issuance of such license, or any rules and regulations governing the conduct of any such licensee, established by the boar d of licenses, or by the state; in addition, such license may be revoked at any time for causes other than those specified above, including violation of any other provision of the Code of Ordinances. If a license holder maintains the license for 36 consecutive months without a violation, any new violation will be treated as a first offense.
(Ch. 842, § I, 6-7-22)