Ordinance 17

CITY OF HALIFAX
ORDINANCE NUMBER 17

RESPECTING JUNK DEALERS
1. In this Ordinance:

(a) "Junk Dealer" means any person, body corporate, or partnership that operates a junk yard.

(b) "Junk Yard" means any building or land used for the collection, storage, handling, processing, wrecking, dismantling, buying or selling of discarded materials, which shall include, but not be limited to, scrap metal, machinery or parts thereof, dilapidated boats, building supplies, waste paper, bottles, tires, bicycles and derelict vehicles; but shall not include a recycling depot.

(c) "Recycling depot" means any building used for the indoor collection, temporary storage, crushing, baling and sorting of domestic, non-hazardous, recyclable materials including glass, plastics, metal cans, paper and cardboard.

1A. (1) No person shall do business as a junk dealer or operate a recycling depot without having first taken out a license therefore, which shall be granted by the Council and signed and issued by the official designated by the Council to sign and issue the same.

(2) Such official may, without any resolution of the Council, upon the recommendation of the Chief of Police that such person is a fit and proper person to receive the same, issue a renewal of the license to any person to whom such a license has been issued by the direction of the Council; but no such renewal shall be so issued to any person who has forfeited his license or in respect to whom the Council has directed that a renewal shall not be issued.

2. The fee for every such license so issued or renewed shall be Three Hundred and Ninety Dollars ($390.00).

2A. Every junk dealer and every person employed by a junk dealer shall wear a badge so as to be in view at all times, which shall be furnished by the City on the payment of a fee of Five Dollars ($5.00).

3. No junk dealer shall do business as a pawn broker without having taken out a special license therefor.

4. Every junk dealer shall do business at some place within the City, and the place at which he proposes to do business shall be specified in the license.

5. A separate license shall be required for every place at which any person proposes to do business as a junk dealer.

6. No person licensed to do business as a junk dealer shall remove his place of business from the place designated in his license without having first obtained the permission of the Council, and such change shall be endorsed upon his license by the clerk.

7. The name of the licensee shall be painted in legible characters on the door of every place in which any person does business as a junk dealer, and on both sides of every vessel, boat, or vehicle used in connection with his business, with the words "Licensed Junk Dealer" added thereto.

7A. (1) No junk dealer shall have, keep or store junk at his place or business except within

(a) a building, or
(b) an area obscured from the view of the users of any adjacent street by a solid board fence of at least six feet in height.

(2) Said board fence shall be stained or painted in a solid colour.

8. No junk dealer shall purchase any article in the way of his business at any place other than the place designated in his license, except in the case of a sale by public auction or at some place at which the public are invited by advertisement or otherwise to attend for the purpose of making such purchase.

9. No junk dealer shall purchase in the way of his business any article whatever from any minor under the age of eighteen years, whether such minor be the agent of an adult person or not.

10. Every shop or place of business occupied by any junk dealer shall be closed at 12 noon on every Saturday and shall be kept closed until 8 o'clock in the forenoon of the following Monday, and no junk dealer shall purchase in the way of his business any article whatever from any person whomsoever or sell any article to any person on any day between the hour of 5 o'clock in the afternoon and 8 o'clock in the forenoon of the following day or any statutory holiday.

11. Every junk dealer shall on demand by the Chief of Police or any police officer exhibit to him any article on his premises.

12. All rags, old rope and other combustible or inflammable material shall be kept isolated and apart from other articles, and every precaution taken to prevent the risk of fire in the same.

13. Every junk dealer shall keep in each place in which he does business a book in the form following, that is to say: in which shall be fairly written at the time of the purchase of any article in the way of business an accurate account and description of the article so purchased, including any distinctive mark thereon, the price paid therefore and the precise time of making such purchase, and the name, residence and description of the person from whom such purchase was made, and such book shall at all times be open to the inspection of the Chief of Police or any police officer. All entries in such book shall be made in the English language.

14. Immediately after the sale of any article by any dealer, he shall make an entry in the book mentioned in the next preceding paragraph opposite to the entries therein of the purchase of such article, showing the name, residence and description of the person to whom the same was sold, and the price and date of sale.

15. Every junk dealer shall make out and deliver to the Chief of Police every day before the hour of twelve o'clock noon a legible and correct copy of the entries in the book hereinbefore mentioned, showing the entries therein of articles and things purchased during the twenty-four hours immediately preceding ten o'clock in the forenoon of that day. If the report is made on the day following a holiday, it shall cover the whole period subsequent to ten o'clock of the forenoon of the day on which the last report was made.

16. Every person who wilfully makes any false entry in the book so required to be kept or in any statement so furnished to the Chief of Police shall be deemed guilty of a violation of this Ordinance.

17. Every person licensed to do business as a junk dealer shall at the time of receiving his license enter into a bond to the City with two sufficient sureties in the sum of Two Hundred Dollars ($200.00), conditioned for the faithful observance by the Licensee of the provisions of the City Charter in respect to junk dealers and of this Ordinance.

18. Every person who contravenes or fails to comply with any provisions of this ordinance shall, for each such offence, be liable to a penalty not exceeding Two Thousand Dollars ($2,000.00) and in default of payment to imprisonment for a period not exceeding one month, and for a second conviction for any such offence (not necessarily the same) shall forfeit his license and shall not be granted a renewal of the same for one year thereafter.

Section l repealed and re-enacted. Passed Council July 30, 1940 Approved G.I.C., August 10, 1940. (Authority, 1940, Chapter 56, Section 150)

Section 10 repealed and re-enacted. Passed Council July 16, 1953 and August 13, 1953. Approved Minister of Municipal Affairs on August 24, 1953.

Section 2 repealed and re-enacted. Passed Council March 12, 1959 and April 16, 1959. Approved Minister of Municipal Affairs on April 22, 1959.

Section 1(1) amended. Council April 13, 1961 and April 27, 1961. Approved by Minister of Municipal Affairs June 7, 1961.

No. 1 Amendments: Section 2, Addition of Section 7A(1) and (2), Section 18
Notice of Motion to Introduce: June 13, 1985
First Reading: June 27, 1985
Committee of the Whole Council: July 3, 1985
Second Reading: July 11, 1985
Approval of M.M.A: September 25, 1985

No. 2 Amendments: Section 2; new Section 2A
Notice of Motion to Introduce: October 17, 1985
First Reading: October 31, 1985
Committee of the Whole Council: November 6, 1985
Second Reading: November 14, 1985
Approval of M.M.A.: IN EFFECT AS OF FEBRUARY 26, 1986
BY VIRTUE OF SECTION 145(2) OF THE HALIFAX CITY CHARTER.

No. 3 Amendment: Section 2
Notice of Motion to Introduce: October 16, 1986
First Reading: October 30, 1986
Committee of the Whole Council: December 3, 1986
Second Reading: December 11, 1986
Approval of M.M.A.: January 23, 1987

No. 4 Amendment: Section 2
Notice of Motion to Introduce: January 14, 1988
First Reading: January 28, 1988
Committee of the Whole Council: February 3, 1988
Second Reading: February 11, 1988
Approval of M.M.A.: March 3, 1988

No. 5 Amendment: Section 2
Notice of Motion to Introduce: October 13, 1988
First Reading: October 27, 1988
Committee of the Whole Council: November 9, 1988
Second Reading: November 17, 1988
Approval of the M.M.A.: January 12, 1989

No. 6 Amendment: Section 2
Notice of Motion to Introduce: September 28, 1989
First Reading: October 12, 1989
Committee of the Whole Council: October 18, 1989
Second Reading: October 26, 1989
Approval of the M.M.A.: November 16, 1989

No. 7 Amendment: Section 2
Notice of Motion to Introduce: October 25, 1990 
First Reading: November 15, 1990
Committee of the Whole Council: November 21, 1990
Second Reading: November 29, 1990
Approval of the M.M.A.: January 9, 1991

No. 8 Amendment: Section 2
Notice of Motion to Introduce: December 12, 1992
First Reading: January 16, 1992
Committee of the Whole Council: January 22, 1992
Second Reading: January 30, 1992
Approval of the M.M.A.: March 4, 1992

No. 9 Amendment: Section 1 is renumbered as Section 1A
New Section 1 is added
Notice of Motion to Introduce: July 16, 1992
First Reading: July 30, 1992
Committee of the Whole Council: August 19, 1992
Second Reading: August 27, 1992
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)

No. 10 Amendment: Section 2
Notice of Motion to Introduce: October 1, 1992
First Reading: October 15, 1992
Committee of the Whole Council: October 21, 1992
Second Reading: October 29, 1992
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)

No. 11 Amendment: Section 2
Notice of Motion to Introduce: November 17, 1994
First Reading: December 1, 1994
Committee of the Whole Council: December 7, 1994
Second Reading: December 15, 1994
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)