The text
Footnotes:
--- (1) --- State Law reference— Secondhand dealers, G.L. 1956, § 5-21-1 et seq.; Junkyard Control Act, G.L. 1956, § 24-14-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 54-21. - Business hours.#
No keeper of any junk shop or storehouse shall do or suffer to be done any business in such shop or storehouse between the hours of 7:00 p.m. and 5:00 a.m.
(Code 1982, § 12-13; Code 2003, § 54-21)
Sec. 54-22. - Purchase from minor.#
No person licensed as provided in this article shall, directly or indirectly, either purchase or receive in barter, sale or exchange any junk, old metals or secondhand articles from any minor.
(Code 1982, § 12-14; Code 2003, § 54-22)
Sec. 54-23. - Penalties for violation of article.#
Any person who engages in the business of buying, selling, bartering or dealing in junk, old metals or secondhand articles, or any person who operates, establishes or maintains an automobile junkyard without having obtained a license, or who violates any of the provisions of this article, shall, on first conviction, be fined not less than $50.00 nor more than $100.00 or be imprisoned for not more than 30 days, and on a second or subsequent conviction be fined not less than $100.00 nor more than $500.00, or be imprisoned not exceeding six months.
(Code 1982, § 12-15; Code 2003, § 54-23)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2; penalty for failure to obtain a license, G.L. 1956, § 5-21-1.
Secs. 54-24—54-40. - Reserved.#
DIVISION 2. - AUTOMOBILE JUNKYARD#
Footnotes:
--- (2) --- State Law reference— Automobile junkyard, G.L. 1956, §§ 5-21-3, 24-14-3; authority as to abandoned motor vehicles, G.L. 1956, § 31-42-2.
Subdivision I. - In General#
Sec. 54-41. - 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:
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 or stored.
(Code 1982, § 12-1; Code 2003, § 54-41)
Secs. 54-42—54-55. - Reserved.#
Subdivision II. - License#
Sec. 54-56. - Required.#
No person shall engage in the business of purchasing, selling, bartering or dealing in junk, old metal or secondhand articles, including unserviceable, discarded, worn-out or junked automobiles, or the parts thereof, whether as keeper of a shop or storehouse for the reception of such items, or as a gatherer of such items in any container or conveyance, or shall establish, operate or maintain an automobile junkyard, unless such person shall be duly licensed by the town council. Such license shall be issued subject to the conditions and restrictions set forth in this subdivision.
(Code 1982, § 12-2; Code 2003, § 54-56)
State Law reference— Authority to require, G.L. 1956, § 5-21-1.
Sec. 54-57. - Application; contents.#
Every applicant for any license granted under this division shall set forth on a form to be furnished by the town clerk, the following information: (1)
Name and address, both of residence and of business of the applicant.
(2)
Business or employment of the applicant during the five years next preceding the application.
(3)
Age of the applicant.
(4)
Information as to officers and directors, if a corporation.
(Code 1982, § 12-3; Code 2003, § 54-57)
Sec. 54-58. - Annual fees.#
The annual fees for licenses that are granted under this subdivision shall be as provided in appendix C.
(Code 1982, § 12-4; Code 2003, § 54-58)
State Law reference— Maximum fees, G.L. 1956, § 5-21-1.
Sec. 54-59. - Public hearing; publication fee and costs.#
The town council, before granting a license under this division to keep a shop or storehouse for the reception of any junk, old metals, or other secondhand articles or to establish, operate or maintain an automobile junkyard, in any location not lawfully occupied for such purpose at the time of application for such license, shall hold a public hearing, notice of which shall be posted at least seven days, but not more than 14 days, prior to such hearing in not less than two public places in the town, and in a newspaper of general circulation in such town; provided, however, that before the town council shall post or publish notice of such hearing, it shall collect from the applicant for such license a fee as provided in appendix C, plus the cost of publishing and posting the notice.
(Code 1982, § 12-5; Code 2003, § 54-59)
State Law reference— Similar provisions, G.L. 1956, § 5-21-2(a).
Sec. 54-60. - Objections to granting.#
No license shall be issued to the keeper of any shop or storehouse for the reception of any junk, old metals, or other secondhand articles 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 proposed for the location of such junkyard shall file with the town council their objection to the granting of such license; except as otherwise provided in the G.L. 1956, § 5-21-2(b).
(Code 1982, § 12-6; Code 2003, § 54-60)
State Law reference— Similar provisions, G.L. 1956, § 5-21-2.
Sec. 54-61. - Display; exhibiting.#
Every keeper of any licensed junk shop or storehouse shall display in a conspicuous place within such shop or storehouse the license last granted to such person. Every gatherer of such junk, old metals or secondhand articles, while engaged in such vocation, shall forthwith present such license when called upon by the chief of police or town sergeant.
(Code 1982, § 12-7; Code 2003, § 54-61)
Sec. 54-62. - Expiration; suspension or revocation.#
(a)
All licenses granted under the provisions of this division shall expire one year from the date of their issuance.
(b)
Any license may be suspended or revoked by the town council for any violation or failure to observe the conditions and restrictions of this division, or of any state law pertaining to such business. In such case, no rebate shall be made from the annual license fee.
(Code 1982, § 12-8; Code 2003, § 54-62)
State Law reference— Maximum term, G.L. 1956, § 5-21-1.
Secs. 54-63—54-75. - Reserved.#
Subdivision III. - Regulations#
Sec. 54-76. - Restrictions on location of automobile junkyards; screening.#
(a)
No license shall be granted for 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 industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(3)
It is:
a.
More than 1,000 feet from the nearest edge of any highway on the interstate or primary system;
b.
More than 600 feet from any other state highway;
c.
More than 300 feet from any park, bathing beach, playground, school, church, or cemetery and is not within ordinary view from those places; and
d.
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high acceptable to the town and in accordance with regulations as promulgated by the state director of public works and as specified on the license.
(b)
The provisions of subsections (a)(1), (a)(2) and (a)(3) of this section, however, shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to G.L. 1956, § 5-21-1.
(Code 1982, § 12-9; Code 2003, § 54-76)
State Law reference— Similar provisions, G.L. 1956, §§ 5-21-4, 5-21-5.
Sec. 54-77. - Record of transactions; contents and inspection.#
Every such licensed person shall keep in a book a contemporaneous record in the English language of the business done by such person, as follows: a description of every article purchased or sold by such person 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 and hour of such purchase or sale. Such book or record shall be subject to the inspection and examination of the chief of police.
(Code 1982, § 12-10; Code 2003, § 54-77)
Sec. 54-78. - Inspection and examination of premises and automobiles.#
Every shop, storehouse, container, conveyance or place of business of any such licensed person, and any automobile suspected of being unserviceable, abandoned or discarded, shall be subject to the inspection and examination of the chief of police or any of the chief's authorized agents.
(Code 1982, § 12-11; Code 2003, § 54-78)
Sec. 54-79. - Holding period.#
Every such licensed person shall keep all property purchased or received by such person for a period of five days from and after the purchase of such property, except as provided in this division, and 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 effected; except, however, that any person licensed as a gatherer may at any time sell any such property to a keeper of a shop or storehouse or other person licensed as provided in this section, and except that any keeper of a shop or storehouse or other person licensed as provided, may sell the property within such period of five days upon permission in writing from the chief of police.
(Code 1982, § 12-12; Code 2003, § 54-79)