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HomeMy WebLinkAboutCD-24-86 U1 . 1 �a TOWN OF NEWCASTLE REPORT File # Res. # By-Law # MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE DATE: MAY 5, 1986 REPORT #: CD-24-86 FILE #: 10.13.2. SUB'ECT: CONSIDERATION OF A BY-LAW TO LICENCE, REGULATE AND GOVERN SALVAGE SHOPS, SALVAGE YARDS, SECOND-HAND GOODS SHOPS AND DEALERS IN SECOND-HAND GOODS. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend the following to Council : 1 . That Report CD-24-86 be received; and 2. That the draft by-law be circulated to Durham Regional Police and the Town's Solicitor for review and comment; and 3. That following a review of the draft by-law by Regional Police and the Town 's Solicitor, the Clerk prepare a report with recommendations for the General Purpose and Administration Committee's consideration. BACKGROUND AND COMMENT: Council directed that a by-law be drafted with respect to the licensing of salvage shops, salvage yards, second-hand goods shops and dealers in second-hand goods. Attached is a draft by-law covering the subject for review and comment by Members of the Committee. It is recommended, that Members of the Committee take no further action on the subject until the draft by-law has been reviewed by Durham Regional Police and the Town's Solicitor,. Continued . . . . ./2 Report CD-24-86 1 - 2 - May 5, 1986 Following a review by the Police and Mr. Sims, a final report will be prepared and submitted for the Committee's consideration. Respectfully submitted, David W. Oakes, B.A. , A.M.C.T. , C.M.O. , Town Clerk. DWO/ms Attachment. April 29, 1986. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 86- being a by-law to licence, regulate and govern salvage shops, salvage yards, second-hand goods shops and dealers in second-hand goods, and for revoking any such licence WHEREAS Section 228 of The Municipal Act, R.S.O. 1980, provides that by-laws may be passed by the Councils of Counties, Towns, Villages and Townships and by Boards of Commissioners of Police of Cities, for licensing, regulating and governing salvage shops, salvage yards, second- hand goods shops, and dealers in second-hand goods, and for revoking any such licence. AND WHEREAS the Council of the Corporation of the Town of Newcastle deems it appropriate to licence such businesses; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: DEFINITIONS: 1. (a) The words "second hand goods, wares or merchandise" where used in this by-law shall include goods, wares or merchandise, worn, used or purchased for wearing or use, and no longer or not required by the owner or person who wore, used or purchased the same and shall include in addition to other goods the following goods, namely, bicycles, bottles, bones, waste paper, rags and metals of every description, whether whole or broken or melted automobile tires, and other scrap material and junk; also goods, wares and merchandise of every description obtained on pawn tickets, j purchased or taken in exchange, provided that no licence shall be required of any person by reason only of his being engaged in the purchase and sale of second-hand household furniture, stoves, pianos, sewing machines or books. The purchasers of and dealers in any goods herein referred to as second-hand goods, wares or merchandise, shall be known as Dealers in Second-Hand Goods. The words "salvage yard"wherever used in this by-law shall include an automobile wrecking yard or premises. (b) "By-law Enforcement Officer" shall mean the By-law Enforcement Officer of the Corporation of the Town of Newcastle. (c) "Council" shall mean the Council of the Corporation of the Town of Newcastle. (d) "Chief of Police" shall mean the Chief of Police of the Regional Municipality of Durham. (e) "Town" shall mean the Corporation of the Town of Newcastle. (f) "Town Clerk" shall mean the Clerk of the Corporation of the Town of Newcastle. 2. (a) No person shall keep a shop, yard or other place, for the purchase, sale or exchange of second-hand goods, wares or merchandise, or any salvage shop or salvage yard, or go from house to house or along highways within the limits of the Town of Newcastle, for the purpose of collecting, purchasing or obtaining second-hand goods, wares or merchandise, unless duly authorized by licence under the provisions of this by-law. tr F i i By-law 86,:- - 2 - 1 1✓ (b) No person shall use a vehicle for any of the purposes mentioned Lv/ in paragraph 2(a) either on his account or as the agent or servant of another person without being duly licenced under the provisions of this by-law. 3. Every salvage yard licenced under this by-law shall be enclosed by a tight board fence and no second-hand goods, wares or merchandise shall be placed or stored outside of or higher than such fence; if in the opinion of the Council such yard is kept in such condition as to make it objectionable or prejudicial to property owners in the immediate neighbourhood, the Council may direct that the height of such fence shall be increased but not to a height greater than ten feet. Failure to erect and maintain such fence as this by-law may require, shall be an offence against the by-law. 4• Before a licence shall be issued under this by-law, the Chief of Police shall ascertain if the applicant therefor is of good reputation, and if he ascertains that the said applicant is of good reputation, and upon all other provisions of this by-law being complied with, the licence may be issued by the By-law Enforcement Officer, but if he is satisfied that the applicant's reputation is not good, no such licence shall be granted except upon the order of Council after due consideration of the application, and of a report from the Chief of Police thereon and any representations the applicant may desire to make concerning the same. 5. All applications for licences shall be addressed to the By-law Enforcement Officer in writing on an application form as set out in Schedule "A" attached hereto. 6. All licences, unless they are to be expressly granted for a shorter period, shall be taken out for a twelve (12) month period from the date of issue, and shall expire twelve (12) months from the date of issue. 7. Every licence issued under this by-law shall be delivered to the person licenced, who shall produce the same whenever it may be demanded by the Chief of Police, or any police officer, or other person duly authorized to demand its production. B. Provided all conditions required to be met by any applicant for a licence under the provisions of this by-law can be met by the person to whom the transfer is to be made, the By-law Enforcement Officer may, in his discretion, transfer any licence issued under this by-law from one person or place to another person or place, upon payment of $5.00 being first made to the Treasurer for the use of the Town, the conditions and particulars of such transfer to be endorsed on the licence by the By-law Enforcement Officer. 9. (a) The Chief of Police shall have the supervision of all persons licenced under this by-law and of all shops, warehouses, yards or other places used by them for the purpose of the business. (b) Every shop, yard or other place in respect of which a licence is issued under this by-law may be inspected at all reasonable times by the Chief of Police or any police officer or other person duly authorized in that behalf; and no person so licenced shall refuse admission to such officer or person after or upon demand made. 10. The following shall be the duties of the Chief of Police in connection with the provisions of this by-law: (1) To report to the said Council the performance of his duties under this by-law whenever he shall be required by the said Council so to do. 1 • l 1 l j} a By-law 86- - 3 - TI.� (2) To ascertain that the applications for licences or for transfers are correct and true; to obtain all such further information and to make all such other inquiries relative to matters concerted with the granting of licences, or for transfers thereof as may be requisite to secure a due observance of the law, and of this by-law and to report thereon, (3) To examine or cause to be examined, the shops, warehouses, yards, and other places of every applicant for a licence, and which are intended to be used in connection with the business for which the licence is to be granted and to report thereon. (4) To ascertain by inspection and inquiry from time to time, and so often as may be required, whether the persons receiving licences continue to comply with the provisions of the law and of this by-law. (5) To prosecute all persons who shall offend against any of the / provisions of this by-law. 11. The By-law Enforcement Officer shall be required: (1) To issue all licences under this by-law. (2) To keep a register of all licences or transfers of licences approved and granted which shall contain the name or names of the applicants, their residences, the date of the licences, and such further particulars, and to keep such other books as may be required or directed. (3) To cause to be made out and sign all licences and transfers issued under this by-law, the fees payable therefor having been first paid to the Treasurer. (4) To endorse upon all licences such transfers thereof as may be authorized. 12. Any act done by, or by the authority of the Chief of Police, under any of the provisions of this by-law shall be subject to an appeal to Council by any party feeling aggrieved thereby. 13. Any act or duty to be performed by the Chief of Police under this by-law may be performed by any Police Officer authorized by such Chief of Police to perform such act or duty. 14. For each shop, warehouse, yard, vehicle or other place, the fees to be paid for each licence issued under this by-law shall be as follows: For a resident within the limits of the Town of Newcastle the sum of TEN DOLLARS. For any person residing outside the limits of the Town of Newcastle the sum of TWENTY DOLLARS. For each transfer of licences the sum of FIVE DOLLARS. Provided, however, that every licence or transfer of licence granted under this by-law shall be invalid, inoperative and of no effect, until the applicant shall have paid to the By-law Enforcement Officer the sum fixed by this by-law to be paid over to the Treasurer, and shall have obtained a receipt for such payment on the said licence. • r: c1 By-law 86- - 4 15. Every application for a licence to carry on business on a premises not under licence during any portion of the previous twelve months, or for the transfer of a licence already in force to such premises, must be accompanied by a certificate from the Medical Health Officer for the Durham Regional Health Unit to the effect that the business proposed to be carried on is unobjectionable on sanitary grounds. No action shall be taken on such application until after the expiration of ten days from the receipt thereof, and at least three days notice of such application shall be given in writing by the By-law Enforcement Officer to the three nearest residents on each side of the premises for which the licence is sought, and an opportunity given them to state their objections, if any, to the issue of such licence. 16. Any number of persons dealing in second-hand goods in partnership need only take out one licence, but when the licence is applied for the name and residence of such members of the partnership must be given and entered on the licence and in the register of the By-law Enforcement Officer. 17. No person or partnership licenced under this by-law shall by virtue of one licence keep more than one shop or other place for the transaction of business or for taking in and storing goods purchased or otherwise obtained under such licence. 18. Every person licenced to keep or carry on a second-hand shop dealing in goods under this by-law except those dealing in bicycles only, shall during the whole period in which the licence is in force exhibit over the street door or on the front window of the licenced premises or in some other conspicuous place on the front thereof, satisfactory to the Chief of Police, in large plain letters in the English language, the words "licenced Second-Hand Shop" and shall also keep the licence constantly exposed in a conspicuous place in the interior of the licenced premises. 19. No person licenced under this by-law shall purchase, take in exchange, or receive any goods, article or thing,from any person who appears to be under the age of sixteen years or from any person under the influence of drugs or alcohol. 20. No person licenced under this by-law shall alter, repair, dispose of, or in any way part with any goods or articles purchased or taken in exchange until after the expiration of seven clear days, exclusive of Sundays or holidays from the date of purchase, and during these seven days the goods or articles so obtained shall remain on the licenced premises and be kept apart from goods previously purchased and shall be subject to inspection at any time during business hours by the Chief of Police or any police constable who may be accompanied by such other persons as in their judgement may be necessary for the identification of goods reported or suspected of having been stolen. 21. Every licenced dealer shall keep a book known as "The Second-Hand Dealer's Register" in which shall be entered in the English language, written in ink, in a plain legible hand, a record of all goods purchased or taken in exchange. The entry must be made at the time of purchase or immediately thereafter, and shall include in addition to the date and hour of purchase, a full description of the article or articles purchased, the price paid therefor and the name and address and description of the person from whom the purchase was made. Goods of every description redeemed on pawn tickets purchased or taken in exchange by licenced dealers shall be treated as purchases and so entered. In entering bicycles, the name of the maker and the serial number of the bicycle shall in every case be recorded if known or can be ascertained. r • t r" l� 7 P: By-law 86- - 5 - 22. The Second-Hand Dealer's "Register" mentioned in the last preceeding section shall not be multilated or destroyed. It shall be open to / inspection by the Chief of Police or any police officer at all times during business hours, and may be removed at any time by the Chief of Police or any police officer for inspection there, or for use in the Courts if necessary. The dealer shall not be held liable for neglect to enter purchases made while the Second-Hand Dealer's "Register" is so absent from his premises. 23. Every licenced dealer shall deliver, or cause to be delivered to the office of the Chief of Police, not later than nine o'clock in the morning of every weekday a transcript of the purchases of the previous business day accurately copied from the Second-Hand Dealer's Register on the forms supplied for that purpose. 24. No licenced pawnbroker shall be licenced or permitted to carry on business as a Dealer in Second-Hand Goods either by himself or through his wife. 25. Every licenced dealer or any person acting as the servant or agent of such dealer, shall make every reasonable effort to obtain the name, address and description of any person offering to him goods or articles of any kind which he has cause to suspect have been stolen or otherwise unlawfully obtained and report the facts promptly to the Chief of Police. 26. Any person convicted of a breach of any of the provisions of this by-law, shall forfeit and pay at the discretion of the Court, a penalty not exceeding (exclusive of costs) the sum of Two Thousand Dollars ($2,000.00) for each offence. 27. The provisions of this by-law shall not apply to a person whose primary business is in the sale of new goods or merchandise and who purchases, sells, exchanges or deals in second-hand goods only to the extent of purchasing articles the value of which is applied against the purchase price of new goods and subsequently re-selling such articles traded. 28. Notwithstanding any other provisions in this by-law contained, no licence shall be required by persons engaged in any of the trades, callings, businesses or occupations to which this by-law relates for patriotic or charitable purposes or in the purchase, sale or exchange of articles commonly known and recognized as valuable antiques and works of art, either in their original condition or as renovated, remodelled, repaired or remanufactured. By-law read a first and second time this day of By-law read a third time and finally passed this day of Mayor Clerk i .i r SCHEDULE "A" TO BY-LAW 86- APPLICATION FOR A LICENCE UNDER v THE PROVISIONS OF BY-LAW B6- Salvage shop, salvage yard, second-hand goods shop, dealers in second-hand goods: NAME OF APPLICANT(S) DATE OF BIRTH HOME ADDRESS HOME TEL. NO. NAME OF PROPOSED BUSINESS ADDRESS OF PROPOSED LOCATION VEHICLES TO BE USED IN CONJUNCTION WITH BUSINESS - MAKE, MODEL AND SERIAL NUMBER NAMES AND ADDRESSES OF OPERATORS OF VEHICLES NAME(S) AND ADDRESS(ES) OF ALL BUSINESS PRINCIPALS STATE CLASS OF SECOND-HAND GOODS FOR WHICH THIS LICENCE IS BEING APPLIED: PLEASE NOTE: This licence, if granted, authorizes the licensee to deal only in the class of goods specified on the licence. HAVE YOU EVER HAD A SECOND-HAND GOODS LICENCE? WHERE AND WHEN? HAVE YOU EVER BEEN IN BUSINESS BEFORE? WHERE AND WHEN? WHAT TYPE OF BUSINESS? PREVIOUS EMPLOYER HAVE YOU EVER BEEN CHARGED WITH A CRIMINAL OFFENCE? IF SO, WHAT OFFENCE AND WHERE? IF A LICENCE IS GRANTED, I(WE) UNDERTAKE TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF SUCH LICENCE: Signature of pp scan s (Date) ( i I. i SCHEDULE "A" J^ "Y-LAW 86- - 2 APPROVED BY: CHIEF OF POLICE DATE MEDICAL OFFICER OF HEALTH DATE BY-LAW ENFORCEMENT OFFICER DATE ,j- i I i�