ARTICLE II. - REGULATIONS OF SECONDHAND DEALERS
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 10-29. - Junkyards.#
(a)
License required. No person shall engage in the business of selling, purchasing, bartering or dealing in junk cars nor engage in the business of operating or maintaining an automobile junkyard unless such person shall have first obtained a license for the conducting of the same in accordance with the provisions of this section.
(b)
Automobile junkyard defined. As used in this section, the term "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, and no license shall be granted for the same, unless:
(1)
It is to be operated and maintained entirely within a building; or
(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.
c.
Screened from view either by natural objects or well-constructed and properly maintained fences at least eight feet high acceptable to the town and so specified on the license.
d.
More than 1,000 feet from the nearest edge of any highway on the interstate or primary system.
(c)
License to be distinct from other business licenses. Every license granted for the operation or maintenance of an automobile junkyard under this section shall be distinct from all other types of licenses issued hereunder and shall clearly and definitively indicate its issuance is solely for the purpose of operating and maintaining an automobile junkyard.
(d)
License to state purpose of issuance. Licenses issued under this section shall specify the purposes for which they shall be used.
(e)
Application; filing fee. Applications for licenses under this section shall be accompanied by a filing fee in the amount established from time to time by the town council.
(f)
Term. Licenses issued under this article shall be issued for a term not exceeding one year from the date of issuance and shall expire on May 1 succeeding the date of such license. No rebate shall be made from any license fee for any license term less than one year.
(g)
Violations and penalties. Any person violating this section shall for a first offense be subject to a fine not to exceed $200.00 or imprisoned for a term not exceeding six months.
(Code 1970, §§ 10-15, 10-16, 10-18, 10-19, 10-21, 10-22; Ord. of 12-29-1965, § 2, 3, 6—8; Res. of 4-30-1980; Res. of 12-7-1982; Res. No. 97-233, 9-2-1997; Ord. No. 2013-46, 10-1-2013)
State Law reference— Conditions for licensing junkyards, G.L. 1956, § 5-21-4; Junkyard Control Act, G.L. 1956, ch. 24-14.
Sec. 10-30. - Secondhand dealers.#
(a)
License required. Secondhand dealers (excluding automobile junkyards) shall not operate within the town without first obtaining a license therefor from the town clerk. Secondhand dealers within the town shall be subject to the provisions of this division and of G.L. 1956, ch. 5-21, which is adopted as though fully set forth in this article.
(b)
Dealers subject to section. For purposes of this section, secondhand dealers do not include automobile junkyards and do include, but are not limited to, persons engaged in the business of selling, purchasing, bartering or dealing in junk, old metals, secondhand jewelry, precious metals or other metals, or any other secondhand articles; nor do they keep a shop or storehouse for the receipt of any junk, old metals, secondhand jewelry, precious metals or other secondhand articles; nor do they engage in business as a foundryman or other person receiving any junk, old metals, secondhand jewelry, precious metals or other metals, or any other secondhand articles for the purpose of melting the same or converting the same into castings; nor do they gather any junk, old metals, secondhand jewelry, precious metals or other metals or other secondhand articles in any bag, wagon or cart.
(c)
License to state purpose of issuance. Licenses issued under this section shall specify the purposes for which they shall be used.
(d)
Application; filing fee and publication costs. Applications for license under this section shall be accompanied by a filing fee and publication costs in the amount established from time to time by the town council.
(e)
Publication. The application shall be advertised by the town clerk in some newspaper having a general circulation in the town at least one time per week for two successive weeks prior to the date of hearing upon the application. At least 14 days shall elapse between the date of the first advertisement and the date scheduled for hearing upon the application.
(f)
Term. Licenses issued under this article shall be issued for a term not exceeding one year from the date of issuance and shall expire on May 1 succeeding the date of such license. No rebate shall be made from any license fee for any license term of less than one year.
(g)
Location restrictions. No license shall be granted under this section for a secondhand dealer to do business in any location not occupied for such purpose at the time of the application, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the town council their objections to the granting of such license; provided, however, this section shall not apply to any applicant whose business as herein stated was located in the town and is being acquired by eminent domain proceedings.
(h)
Violations and penalties. Any person violating this section shall for a first offense be subject to a fine not to exceed $200.00 or imprisoned for a term not exceeding six months.
(Code 1970, §§ 10-13, 10-14, 10-16—10-18, 10-20, 10-22; Ord. of 12-20-1965, §§ 1—5, 8; Res. No. 97-233, 9-2-1997; Ord. No. 2013-46, 10-1-2013)
Sec. 10-31. - Sunday and holiday sales licenses.#
(a)
Authority. The section is adopted pursuant to authority granted in G.L. 1956, ch. 5-23.
(b)
Issuance of licenses; fees; term. Sunday and holiday sales licenses may be issued in conformance with G.L. 1956, § 5-23-2. License fees for Sunday and holiday sales shall be set from time to time by resolution of the town council. All Sunday and holiday licenses shall terminate on June 30 in each year.
(c)
Activity authorized. A license issued under this section shall entitle the holder to operate his business only to the extent that Sunday and holiday sales are permitted under G.L. 1956, § 5-23-2.
(d)
Referral, investigation, report on application. All applications for licenses required by this article shall be referred to the police chief for investigation and report.
(e)
Regular business, good reputation required. Only those persons occupying stores holding a business certificate or license issued by the town to sell on secular days may receive licenses under this article.
(f)
License revocation, suspension. The town council may in its discretion suspend or revoke licenses issued pursuant to this section.
(g)
Presence on premises. The licensee or his duly authorized agent must always be on the premises while it is open for business under this section.
(Code 1970, §§ 10-33—10-40; Res. of 4-2-1979; Ord. No. 2013-46, 10-1-2013)
Sec. 10-32. - Auction license required.#
No sale at auction of goods, wares, and merchandise shall be held within the town unless the owner of the goods, wares, and merchandise shall have first procured a license to hold the sale at auction from the town council and paid a license fee in the amount set from time to time by resolution of the town council.
(Code 1970, § § 10-51, 10-52; Comp. Ords., ch. 38, §§ 1, 2; Ord. No. 2013-46, 10-1-2013)