ARTICLE V. - JUNK AND SECONDHAND GOODS DEALERS
Part of the Code of Ordinances of Scituate, RI.
The text
FOOTNOTE(S):
--- (4) --- refcharter or refcross or refstatelaw State Law reference— Authority to license secondhand dealers, 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.
Sec. 6-106. - Definition.#
For the purposes of this article, the words "automobile junkyard" mean a place where one (1) or more unserviceable, discarded, worn-out or junked automobiles, or bodies, engines, tires, parts or accessories thereof are gathered together.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 5)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 6-107. - License required.#
All persons selling, purchasing, bartering and dealing in junk, old metals and any other secondhand articles and all persons establishing, operating or maintaining automobile junkyards shall be required to obtain a license from the town council.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Sec. 6-108. - License fees.#
The fee for a license for the keeper of a shop or storehouse for the reception of any junk, old metals or secondhand articles which is not an automobile junkyard shall be fifty dollars ($50.00). The fee for a license for any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings shall be five dollars ($5.00). The fee for a license for any gatherer of the same in any bag, wagon or cart shall be five dollars ($5.00). The fee for a license for any person establishing, operating or maintaining an automobile junkyard shall be one hundred dollars ($100.00).
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 2; Ord. of 12-8-66, § 1; Res. of 4-1-79; Ord. of 1-3-94)
Sec. 6-109. - Hearing on application.#
The town council, before granting a license under this article 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 the application for such license, shall hold a public hearing notice of which shall be posted at least seven (7) days but not more than fourteen (14) days prior to such hearing in not less than two (2) public places in the town and in a newspaper of general circulation in the town; provided however, that before notice of a hearing shall be posted or published the applicant for such license shall pay a filing fee of ten dollars ($10.00) plus the cost of posting and publishing such notice.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 3)
Sec. 6-110. - Objections to application.#
No license shall be granted under this article 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 two hundred (200) feet of such building or place shall file with the town council their objection to the granting of such license; provided however, that this section shall not apply to any applicant who is the keeper of such a shop or storehouse or automobile junkyard within the town which is being acquired under eminent domain proceedings who is applying for a license within General Laws 1956, section 5-21-1.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 4)
Sec. 6-111. - Conditions precedent to issuance; exemptions.#
(a)
No license shall be granted for an automobile junkyard under this article unless:
(1)
It is to be operated and maintained entirely within a building; or unless
(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, or contiguous to a railroad siding, or on or contiguous to docking facilities; or unless
(3)
It is:
a.
More than six hundred (600) feet away from any state highway; and
b.
More than three hundred (300) feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
c.
Screened from view either by natural objects or well constructed and properly maintained fences at least six (6) feet high acceptable to the town council and so specified on such license.
(b)
The provisions of subsections (a)(1), (a)(2), (a)(3)a. and (a)(3)b. shall not apply to any automobile junkyard in existence and having a valid license on April 15, 1965.
Comment Text (parent not a footnote)(Ord. of 4-15-65, §§ 6, 11)
Sec. 6-112. - Factors considered by council.#
In considering the application for any license under this article the town council shall consider the character and reputation of the applicants and the nature and location of the proposed site with reference to the character of the surrounding neighborhood and the orderly development of the town.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 7)
Sec. 6-113. - Imposition of conditions by council.#
In granting a license under this article the town council may impose such conditions as it may deem fit with respect to burning.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 8)
Sec. 6-114. - Expiration, revocation.#
All licenses issued under this article shall expire on the thirty-first day of December next following the date of issuance and may be revoked at the pleasure of the town council.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 9)
Sec. 6-115. - Maximum number of licenses.#
No more than three (3) licenses for automobile junkyards under this article shall be in effect at any one (1) time.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 10)
Sec. 6-116. - Penalties for violation.#
(a)
Any person carrying on any of the businesses coming under this article without a license shall be fined not exceeding two hundred dollars ($200.00) or imprisoned for not exceeding six (6) months.
(b)
Any person operating or maintaining an automobile junkyard which violates any of the provisions of section 6-111 shall, upon conviction for the first offense be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment, and shall for a second or subsequent conviction be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 12; Ord. of 10-13-66, § 1)