Second-Hand Dealers, Junk Dealers and Auto Wreckers Control Bylaw

Langley, British Columbia

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-. , .. I ~ / .. THE CORPORATION OF THE CITY OF LANGLEY "SECOND HAND DEALERS, JUNK DEALERS, AND AUTO WRECKERS CONTROL BY-LAW 1968" NO. 347 A By-Law to regulate the conduct of second hand dealers, junk dealers, and auto wreckers within The Corporation of the City of Langley, pursuant to Section 441 of the "Mlfnicipal Act". The Council of the Corporation of the City of Langley, in Open Meeting assembled, ENACTS as follows: 1. In this by-lal'I, unless the context otherwise requires: 'Auto Wrecker' includes any person licensed under the Business License By-Law of the Municipality to carry on the business of automobile wrecking, and further includes any person who acquires, buys or stores old motor vehicles for the purpose of dismantling them and acquiring or dealing in the parts thereof; 1Council 1 means the Council of The Corporation of the. City of Langley. 'Junk Dealer' includes any person licensed under the Business Licence By-Law of the Municipality to carry on the business of a junk dealer, or salvage dealer, and further includes any person who buys, sells, deals in or stores scrap metal, old wire, old sacks, old rubber, old bottles, old paper, or any other articles or material usually found on the premises of a junk dealer; 'Municipality' means The Corporation of the City of Langley; - - - - __ .. ----- 1 Second Hand Dealer' includes any person licensed under the Business Licence By-Law of the Municipality to keep a second hand store or shop, or to carry on the business of a dealer in second hand furniture, auto parts, bicycles, household goods or effects, or any other second hand goods, wares or merchandise, whether such items are held on con- sigmnent or for direct sale, but does not include booksellers who buy and sell only books, papers and magazines. 2. Every second hand dealer and every junk dealer shall have his name and address plainly painted on the front of the premises where he carries on such business and, if he carries on such business by means of a vehicle, then his name and address shall be plainly painted on both sides of such vehicle. 3. (a) Except as provided in Section 7, every second hand dealer and every junk dealer shall keep a permanently bound book in which he shall write clearly the following particulars at the time of the purchase of any article or thing in the way of his business, namely: (I) A correct account and description of and any descriptive mark or Drulle on the article or thing purchased. (II) The price paid for the article or thing. (III) The date and precise hour of making the purchase. (IV) The name, place of residence, street addrGss, and a brief des- cription of th~ person from whom the purchase was made. (v) The licence number of the motor vehicle (if any) used by the seller. (b) For each article or thing purchased, the second hand dealer or junk dealer shall require !the person from whom oi:le purchase was made to sign his name.in a space provided beside the entries :nade under sub-section (a) for that article or thing. - f, ; . ,., - 2 - (c) A socond hand doaler or junlt dealer shall not erase, obl.i~erat~ or defacu any entry made in th.:: said book or cut or.remove any of the leaves or any part of the leaves of the book; and he sbal.l not permit any such entry to bo urased, obliterated or defaced, a!ld shall not permit the loaves of the book or any part of them to be c::.t or remov<!d. 4. (a) Except ~s providud in Section 7, every second hand dealer and junk dealer shall prepare a semi-monthly report, on a form. to be provided by the Municipality, containing for each article or thing purchased a legible and correct statement copied from the boo::.: mentioned in Section 3, setting forth the information listed under cla~es (I), (II), (III), (IV), and (V) of sub-section (a) of Section 3. (b) Each report shall be signed by the second hand dea.l~r or junk deal<!r and shall be delivered to the person in charge of ohe Municipal Detachment of the Royal Canadian Mounted Police, L.a=gley, as follows: (I) The report containing all entries for the period from the first day of ea.ch month to the fifteenth day of that month, both in- clusive 1 shall be delivered on or before the eighteenth day of the same month. (II) The report containing all entries for the period from tte sixteenth day of each month to the last day of the month, both inclusive, shall be delivered on or before the third day of the following month. (III)If no purchases have been made during the semi-monthly period, the second hand dealer or junk dealer shall deliver a 1N"il 1 report for that period. · 5. Except as provided in Section 7, no second hand dealer or j\lllk dealer shall purchase in the way of his business any goods, article, or tiling whatsoever, from any person under the age of eighteen (18) years. · .~' 6. Except as provided in Section 7, every article or thing purchased ·or acquired by a second-hand dealer or junk dealer in the way of hi& .. · business shall be retained by him at his place of business until.at least three (3) days after he has made and delivered to the person in charge of the Municipal Detachment of the Royal Canadian Mounted Pol.ice, the statement relating to such article required by Section 4. Where it is desired to sell or dispose of an article or thing before the day permitt~d by this section, special,permission must be obtained from the person in charge of the Municipal Detachment of the Roya1 Ce.Iladian Mounted Police. 7. The provisions of Sections 3, 4, 5, and 6 shall not apply to 'the purchase or sale of bottlE=s, broken glass or old paper or to e:rqnew merchandise which the dealer can prove to have ,.been purchased from any duly licensed manufacturer, wholesaler, jobber, or distributor and invoiced to the dealer in the ordinary course of business. 8. (a) Every second hand dealer and every junk dealer shall, at all reaso?:.- able times, permit any member of the Municipal Detacb.:n.e?:.t of the Royal Canadian Mounted Police or other person duly authorize~ by the Council in that behalf, to inspect any house, place, precises or thing . in which he opE=rates. (b) Every second hand dcal~r, every junk dealer, and every a:o.to wre~ker shall forthwith, on demand being made by any me~ber of t'::le Municipa~ Detachment of the Royal Canadian Mounted Police, present for -:he ir..spe~­ tion of such member, .any article or thing which has come into the 'possE=ssion of the said dealer or auto wrecker in the way of hiS businesa, ··.:. ... .. - 3 - (c) Every book kept pursuant to Section 3 shn.11 at all times be open to inspection by any member of the Municipal Detachment of the Royal Canadian Mounted Police, or by any person duly authorized in that behalf by Council. 9. A second hand dealer or junk dealer shall not carry on business as a pawnbroker unless he hold a valid pawnbroker's licence. 10. (a) Every person who carries on the business of junk dealer, second hand dealer, or auto wrecker in the Municipality shall conduct all operations and keep all things pertaining to such business within an enclosed building or within an area enclosed by a solid wall, or by a uniformly constructed and painted board fence of sufficient height to screen all junk or used automobile bodies or parts from persons passing on any public street or highway or from person in or on other properties in the vicinity. (b) No person carrying on the business of junk dealer or auto wrecker in the Municipality shall suffer or permit any junk, used auto- mobile bodies or parts to be piled to a height greater than that of the surrounding wall or fence. 11. No person carrying on the business of junk dealer, second hand dealer or auto wrecker in the Municipality shall suffer or permit the burning of any waste wrappings or by-products of the operation save within a furnace or incinerator which hn.s been approved by the ·Fire Prtrtec'tion Officer. 12. Every person who violates any of the provisions of this By-Law or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this By-Law, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this By-Law, or who does any act which violates any of the provisions of this By-Law, shall be deemed to be guilty of an infraction hereof, and liable to the penalty hereinafter provided. 13. Any p0rson guilty of an infraction of this By-Law, shall upon summary conviction, be liable to a penalty not exceeding One Hundred Dollars ($100.00), and in default of payment thereof forthwith, such penalty may be levied by distress of the offender and in case of there being no distress found out of which the said penalty may be levied, the offender may be committed to prison for a term not exceeding thirty (30) days. 14. This By-Law shall come into force and effect on the date of its adoption by the Council. 15. This By-Law may be cited for all purposed as "Second Hand Dealer, Junk Deal.:rs and Auto Wreckers Control By-Law 196811 No. 347 READ A FIRST TIME on the :l. ">~ day of ~r , A.D. 1968 READ A SECOND TIME on the i -:' day of READ A THIRD TIME on the ~ -..' day of RECONSIDERED, FINALLY PASSED AND ADOPTED, AND SEALED WITH THE CORPORATE SEAL on the Mar.~ , A.D. 1968 , A.D. 1968 Gp-rJs --"'!*~6?Jl~l~--