ARTICLE III. - JUNK DEALERS AND JUNKYARDS
Part of the Code of Ordinances of Tiverton, RI.
The text
Footnotes:
--- (2) --- Editor's note— An ordinance of October 27, 2008, in effect repealed the former article III, §§ 62-56—62-60 and 62-71—62-76, and enacted a new article as set out herein. The former article pertained to similar subject matter and derived from the Code of 1967, §§ 1—10 and Ord. of 8-15-00(1).
DIVISION 1. - GENERALLY#
Sec. 62-56. - Definitions.#
The following words, terms and phrases, when used in this article, 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 of such automobiles are gathered together.
Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile junkyard and the term shall include garbage dumps and sanitary fills.
(Ord. of 10-27-08)
Cross reference— Definitions generally, § 1-2.
Sec. 62-57. - License required.#
No person shall engage in the business of purchasing, selling, bartering or dealing in junk, old metals or secondhand articles, whether as keeper of a shop or storehouse for the reception of the same, or establish, operate or maintain any junkyard or automobile junkyard, within the town, without first obtaining a license from the council to do so, subject to and in accordance with the provisions of this article.
(Ord. of 10-27-08)
Sec. 62-58. - Conditions required for issuance of junkyard license.#
No license shall be granted for a junkyard or an automobile junkyard under this article 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, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(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; and
c.
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high, acceptable to the town, and so specified on such license.
(Ord. of 10-27-08)
Sec. 62-59. - Unlawful operation or maintenance of junkyard; penalty for violation of section.#
(a)
Notwithstanding any other provisions of this article except section 62-59, it shall be a misdemeanor to operate or maintain a junkyard or an automobile junkyard without a license.
(b)
It shall be the duty of the state police and the police of the town 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 $100.00 nor more than $500.00, or by imprisonment for not less than ten days nor more than 30 days, or by both such fine and imprisonment, and shall for a second or subsequent conviction 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, or by both such fine and imprisonment.
(Ord. of 10-27-08)
Sec. 62-60. - Exceptions as to existing, licensed automobile junkyards.#
The provisions of subsections 62-57(1), (2), (3)a and (3)b and 62-58(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 issued under G.L. 1956, §§ 5-21-1 and 31-5-28 on August 1, 1965.
(Ord. of 10-27-08)
Sec. 62-61. - Storage; location.#
No licensee shall store or park unregistered vehicles, materials or equipment in the front yard of the licensed premises except during normal business hours.
(Ord. of 10-27-08)
Sec. 62-62. - Issuance and revocation.#
All licenses under the provisions of this article shall be issued by the town clerk.
(Ord. of 10-27-08)
Sec. 62-63. - Term.#
All licenses granted under the provisions of this article shall expire on November 30 next after the date of issuance; provided, however that any such licenses so granted may be revoked by the council for just cause, and no rebate shall be made from the license fee for such licenses.
(Ord. of 10-27-08)
Sec. 62-64. - Fees.#
The fees for licenses required by this article shall be as set by resolution of the council from time to time for: (1)
The keeper of a shop or storehouse for the reception of any junk, old metals or other secondhand articles which is not an automobile junkyard;
(2)
Any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings;
(3)
Any gatherer of the same in any bag, wagon or cart; and
(4)
Any person establishing, operating or maintaining an automobile junkyard.
(Ord. of 10-27-08)
Sec. 62-65. - For new locations; hearing and objections by neighboring landowners.#
(a)
The 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 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 the town; provided, however, that before the council shall post or publish notice of a hearing it shall collect from the applicant for such license a fee to be set by resolution of the council from time to time, plus the cost of posting and publishing such notice.
(b)
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 200 feet of such building or place shall file with the council their objection to the granting of such license; provided, however, that this subsection shall not apply to any applicant who is the keeper of such a shop or storehouse, or automobile junkyard, which is being acquired under eminent domain proceedings, who is applying for licensing within G.L. 1956, § 5-21-1 within the same city or town wherein he was formerly licensed.
(Ord. of 10-27-08)
Sec. 62-66. - Doing business without or otherwise in violation of article.#
Any person who shall carry on any business regulated by this article without the required license, or in violation of any other provision of this chapter, shall, except as otherwise provided, be punished in accordance with section 1-7.
(Ord. of 10-27-08)
Sec. 62-67. - Display of license.#
Every keeper of any junk shop or storehouse, licensed as provided herein, shall display in a conspicuous place within such shop or storehouse the license last grated to him.
(Ord. of 10-27-08)
Sec. 62-68. - Identification of seller of goods or merchandise.#
Every person licensed as herein provided shall require the seller of any goods or merchandise to present a valid motor vehicle operator's license containing his or her photograph or other such suitable identification containing his or her photograph.
(Ord. of 10-27-08)
Sec. 62-69. - Required records.#
(a)
Every keeper of a shop engaged in the business of selling, purchasing, or bartering in junk, old metals or secondhand articles or operating a junkyard or an automobile junkyard shall keep a book in which shall be written, at the time of every purchase or barter of any such articles, a description thereof, and the name, age and residence of the person from whom and the day and hour when such purchase was made. Said records shall be kept for at least one year from the date of purchase or barter.
(b)
It shall be the duty of the state police and the police of the town 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 $100.00 nor more than $500.00, or by imprisonment for not less than ten days nor more than 30 days, or by both such fine and imprisonment, and shall for a second or subsequent conviction 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, or by both such fine and imprisonment.
(Ord. of 10-27-08)
Sec. 62-70. - Inspection of records.#
The book required by section 62-78 shall at all times be open to inspection of any person authorized by the town council to make inspection, or of any member of the state or town police force.
(Ord. of 10-27-08)
Sec. 62-71. - Exemption of books, pamphlets and periodicals from article.#
This article shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets or periodicals.
(Ord. of 10-27-08)
Sec. 62-72. - Seven business day holding period for property acquired by licensee.#
Every person licensed hereunder shall keep any property purchased or received by him for a period of seven business days from the date of its purchase or receipt. During said 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.
(Ord. of 10-27-08)
Sec. 62-73. - Purchases from minors.#
No keeper of a shop engaged in the business of selling, bartering or dealing in junk, old metals or secondhand articles or operating a junkyard or an automobile junkyard shall, directly or indirectly, either purchase or receive by way of barter or exchange any such articles from a minor, knowing or having reason to believe him to be such.
(Ord. of 10-27-08)