HomeMy WebLinkAboutCD-32-86 C- lC� a
TOWN OF NEWCASTLE
t� REPORT File #j
Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JUNE 2, 1986
REPORT #: CD-32-86 FILE #: 10.13.2.
SUBJECT: 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 to Council the following:
1 . That Report CD-32-86 be received; and
2. That Report CD-24-86 be lifted from the table and dealt with at
this time.
BACKGROUND AND COMMENT:
Report CD-24-86 was tabled at Committee the meeting of May 5th 1986 "and referred
back to the Clerk for input from the Members ;of Council."
I would advise, that the period detailed in the tabling motion has expired, and
it would be appropriate to now lift Report CD-24-86 from the table and deal with
the recommendations contained in the Report.
Respectfully submitted,
David W. Oakes, B.A. , A.M.C.T. , C.M.O. ,
Town Clerk.
DWO/ms
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TOWN OF NEWCASTLE
tp REPORT File #
Res.
By-Law #
(STING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE
DATE: MAY 5, 1986
REPOT #: CD-24-86 FILE #: 10.13.2.
' U 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; anq
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 - 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 1 (6ii)
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,
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.
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By-law 86- - 2
(b) No person shall use a vehicle for any of the purposes mentioned
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.
8. 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.
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BY-law 86- - 3
(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 concected 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.
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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.
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By-law 86- - 5 - �"`�i 60
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
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SCHEDULE "A" TO BY-LAW 86-
APPLICATION FOR A LICENCE UNDER ---""
THE PROVISIONS OF BY-LAW 86-
Salvage shop, salvage yard, second-hand goods shop, dealers in second-hand goods:
NAME OF APPLICANTS) 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 ican s
(Date)
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SCHEDULE "A" TO BY-LAW 86- - 2
APPROVED BY:
CHIEF OF POLICE DATE
MEDICAL OFFICER OF HEALTH DATE
BY-LAW ENFORCEMENT OFFICER DATE
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BY-LAW TO LICENCE, REGULATE AND GOVERN SALVAGE SHOPS, SALVAGE YARDS,
SE.CW-,HAND GOODS SHOPS, AND DEALERS IN SECOND-HAND GOODS
That Report CD-32-86 be received; and
That Report CD-24-86 be lifted from the table and dealt with at
this time; and
That the draft by-law be circulated to Durham Regional Police and
the Town's Solicitor for review and comment; and
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.
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