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Town of Littleton |
PAGE 1 OF 29 |
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Littleton, New Hampshire
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EFFECTIVE: |
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JUNK DEALERS ORDINANCE
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PREPARED BY:
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APPROVED ON:
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The
licensing and regulation of Junk Dealers will be done pursuant to RSA
322 and any/all amendments thereto.
SECTION
1. LICENSE
The Selectmen of the Town of Littleton are
hereby empowered to license suitable persons to be dealers in and
keepers of shops for the purchase and sale, or barter, of old junk,
old metals, old or second hand articles, excepting furniture and
books, or to accumulate, store or handle said commodities for the
purpose of sale or barter elsewhere or as bailees for others, and may
determine and designate the place where the business is to be carried
on, and the place where the commodities aforesaid may be accumulated,
stored or handled, under such license.
SECTION
2. REVOCATION REGULATIONS
The Selectmen may
revoke the same, in their discretion, after a hearing on charges
preferred, and may from time to time establish rules, regulations and
restrictions relative to the business carried on as aforesaid; and
every such rule, regulation and restriction shall be incorporated in
the license.
SECTION
3. CONDITIONS TERMINATION
The license shall
designate the place where the business is to be carried on, and shall
contain a condition that the person to whom it is granted shall not
purchase from any minor under the age of 16 years, nor barter with
any such minor for any commodity named in Section 1, without the
written consent of his parents or guardians, and such other
conditions and restrictions as may be prescribed by the Selectmen.
Said license shall continue in force until April 1 next following,
unless sooner revoked, and may be renewed upon application to the
Selectmen.
SECTION
4. ILLEGAL DEALING
Any person who, without
license, shall be a dealer in the aforesaid commodities, or keep a
shop for the purchase, sale or barter thereof; or who without
license, shall accumulate, store or handle said commodities for the
purpose of sale or barter, or as bailee for others; or any person
having a license who shall carry on the business, or accumulate,
store or handle the commodities aforesaid at any other place than
that specific in his license, or after notice that his license has
been revoked, shall be guilty of a violation for each day such
offense continues.
SECTION
5. ENJOINING
The superior court may enjoin any person
from dealing in the commodities aforesaid, or from keeping a ship for
the purchase, sale or barter thereof, or from accumulating, storing
or handling said commodities contrary to the provisions of this
chapter and may also enjoin any license from carrying on said
business at any other place than that designated in his license.
SECTION
6. TERRITORIAL LIMITS
The Selectmen may prohibit the
accumulation or storage of the commodities designated in this
ordinance, the granting of licenses therefore and the granting of
licenses to deal in or keep a shop for the purchase, sale or barter
of said commodities shall not be accumulated or stored, or said
business carried on or licenses therefore granted. The adoption of
any such regulation shall in no way affect the duties of the
Selectmen in acting upon applications for licenses to be exercised in
territory outside the limits specified in such regulation.
SECTION
7. INSPECTION
The Selectmen, or any officer authorized
by them, may at any time enter upon any premises used by a licensee
for the purpose of his business, ascertain how he conducts his
business and examine all commodities purchased, obtained, kept or
stored in or upon said premises shall exhibit to such officer on
demand any or all of such commodities, books and inventories.
SECTION
8. OBSTRUCTING OFFICER
Any such licensee, his clerk,
agent or other person in charge of premises, who fails to exhibit to
him on demand all such commodities, books and inventories; or any
person who willfully hinders, obstructs or prevents such officer from
entering the premises or from making the examination authorized in
Section 7 shall be guilty of a misdemeanor.
SECTION
9. NUMBER
Every license shall be numbered, and each
license collecting any of the aforesaid commodities in any wagon or
vehicle shall have place upon the outside of such wagon or vehicle,
and upon each side of same, the number of the license in plain,
legible figures not less than 3 inches high so that same may be
distinctly seen and read.
SECTION
10. BADGE
Every person going about from place to place
collecting said commodities name in Section 1 shall also wear a badge
on his hat or cap, or about his person, with the number of his
license thereon in brass or plated figures not less than one inch
high, so placed that the number may be distinctly seen and read. The
badge shall be furnished by the Selectmen upon payment of a suitable
fee therefore.
SECTION
11. FEE
The fee for such license or renewal thereof,
shall be fixed by the Selectmen and shall be paid into the Town
treasury and no person shall be required to be paid by any other
person for a similar license.
SECTION
12. UNLICENSED PERSON
No person not licensed shall
collect or purchase any of the commodities above specified unless he
acts as a helper to, and is accompanied by, some licensee.
SECTION
13. LICENSING PROCEDURE
The Planning Board, in
reviewing an application, shall consider the following procedure
after hearing testimony from the applicant and persons affected by
junk operation:
That the proposed location is not in violation of the Town of Littleton Zoning Ordinance for the proposed use. The applicant shall provide to the Board a certified letter from the Zoning Board of Adjustment stating that the proposed use is a permitted use in the proposed location.
That the proposed location and its use as a junk yard shall not adversely affect the aesthetic and environmental qualities of the immediate area, and shall not produce undesirable effects on public resources such as schools, churches, parks, playgrounds and other essential services.
SECTION
14. OTHER OPERATIONAL CONDITIONS
Upon issuance of a
permit by the Planning Board, the applicant shall operate his
business subject to the following conditions:
The entire junkyard operation shall be confined within a structure intended for said use. The Planning Board may grant the applicant permission to operate all or a portion of the business outside of a structure. If said permission is granted, a solidly constructed fence at least six feet in height shall be erected around the perimeter of the property, which is intended to screen the business operation from the public’s view. The fence and operation of the junk dealership shall conform to the setback requirements for structures as set forth in the Littleton Zoning Ordinance.
The Planning Board may establish reasonable hours of operation for the junk dealership in an effort to minimize its effect on abutters. When establishing operating hours, the Planning Board shall take into consideration the type of junk operation and equipment necessary to conduct business.