Chapter 405 - Junk Dealers

Sec. 21-10. Town ordinances re licensing of junk dealers and regulation of junk yards. Any town may make reasonable ordinances with reference to the licensing of junk dealers engaged in business therein, including the imposition of a license fee in an amount to be fixed by the selectmen at a sum not less than two dollars or more than ten dollars a year, for each team or vehicle used in connection with such business, for the privilege of carrying on such business. Each such junk dealer shall make an application for a license in the town where such dealer is engaged in business. Nothing in this section shall prohibit a junk dealer or employee of such dealer from authorizing a person to enter a junk yard owned by such dealer for the purpose of salvaging or collecting parts or scraps for purchase from such dealer or employee. Except as otherwise provided by special act, and except where there exists a duly constituted local zoning or planning commission, any town, city or borough may, by ordinance, regulate the establishment, location or conduct of any junk yard within its territorial limits.

(1949 Rev., S. 4648; 1953, S. 2331d; 1957, P.A. 13, S. 89; P.A. 73-14, S. 1, 2; P.A. 11-213, S. 46.)

History: P.A. 73-14 substituted motor vehicle department for state police department where appearing; (Revisor's note: In 1997 references throughout the general statutes to “Motor Vehicle(s) Commissioner” and “Motor Vehicle(s) Department” were replaced editorially by the Revisors with “Commissioner of Motor Vehicles” or “Department of Motor Vehicles”, as the case may be, for consistency with customary statutory usage); P.A. 11-213 deleted provisions re registration with Department of Motor Vehicles, added provisions re making application for license in town where dealer is engaged in business and added provision re entry into junk yard by certain persons, effective July 1, 2011.

Cited. 155 C. 284.

Sec. 21-11. License. Fee. Record. Weekly reports. Penalty. Any person desiring to engage in business as a dealer in junk, metals or other secondhand articles that are no longer serviceable for their original manufactured purpose in any town, city or borough shall make application to the selectmen of such town, the mayor or chief of police of such city or the warden of such borough, as the case may be, for a license to transact such business within the limits of such town, city or borough, and the selectmen of such town, the mayor or chief of police of such city or the warden of such borough shall issue such licenses to such suitable persons as apply for such licenses and may revoke any such license for cause; but the selectmen shall not grant any such license for the carrying on of such business within the limits of any city or borough, and the persons so licensed shall pay, for the benefit of any such town, city or borough, to the authority granting the license, not less than two or more than ten dollars for the license, to be determined by the authority granting the license, and for renewal of such license ten dollars per year. Each license granted under the provisions of this section shall designate the place where such business is to be carried on, and shall continue for one year unless sooner revoked. Each such dealer shall keep a book in which shall be written in English a description of such articles and the name and residence and a general description of the person from whom, and the time and hour when, such property was received; and such book, and all articles of property mentioned in such book, and the place where such business is carried on, may be examined at any time by the selectmen of the town or any person designated by such selectmen, and, in any city or borough, by the chief of police of such city or borough or any person designated by the chief. Each such dealer shall make, weekly, sworn statements of all his or her transactions under such license, describing the goods received and setting forth the name and residence and a description of the person from whom such goods were received, to the chief of police in the case of cities or boroughs and, in other cases, to the town clerk of the town in which such junk dealer resides, and shall keep all goods at least five days after the filing of such statement. Any person who wilfully engages in the business of a junk dealer, unless licensed in accordance with this section or after notice that such person's license has been suspended or revoked, shall be guilty of a class D felony.

(1949 Rev., S. 4649; 1972, P.A. 223, S. 29; P.A. 11-100, S. 14.)

History: 1972 act provided for fee of $10 per year for renewal of license; P.A. 11-100 deleted reference to trader in secondhand bicycles, added “that are no longer serviceable for their original manufactured purpose”, added penalty for wilfully engaging in business of a junk dealer without a license or after notice that license has been suspended or revoked, and made technical changes.

See Sec. 13a-123e re restrictions of location of junkyard business.

Purpose of registration; employee of dealer not within statute. 80 C. 327. Constitutionality upheld and statute interpreted; official determines suitability of person but has no further discretion. 140 C. 637. Writ of mandamus to compel selectmen to issue license would not lie where selectmen had not considered question of plaintiff's suitability for license since issuance of such license is discretionary with selectmen; if there is a duty enforceable on board by way of mandamus, it is the duty to act, either affirmatively or negatively, on application properly presented to it under section. 155 C. 283.

Sec. 21-11a. Requirements for scrap metal processors, junk dealers and junk yard owners or operators. Notification. Prohibitions. Penalties. (a) A scrap metal processor, as defined in section 14-67w, shall record, for all loads of scrap metal purchased or received by such processor, a description of such scrap metal, the weight of such metal, the price paid for such metal and the identification of the person who delivered such metal. Such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the number plate of such vehicle. Such scrap metal processor shall not be required to segregate scrap metal it receives from other materials on its premises and hold the same for five days except for wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company unless purchased from (1) a person licensed pursuant to section 29-402 to engage in the business of demolition of buildings, or (2) a person who has already segregated such scrap metal pursuant to this chapter and such person provides such scrap metal processor with a written statement affirming such segregation. Upon receipt of a load of scrap metal that contains wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company, such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the number plate of such vehicle, and of such load of scrap metal. Upon receipt of wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company, such scrap metal processor shall make a copy of the certificate of registration of such vehicle, record a description of the material received, and record a statement as to the location from which the material came. Upon receipt of a load of scrap metal that contains materials, equipment or parts used in the construction, operation, protection or maintenance of a railroad right-of-way, such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the number plate of such vehicle and of such load of scrap metal. Upon receipt of a load of scrap metal that contains materials, equipment or parts used in the construction, operation, protection or maintenance of a railroad right-of-way, such scrap metal processor shall make a copy of the certificate of registration of such vehicle, record a description of the material received and record a statement as to the location from which the material came.

(b) The scrap metal processor shall maintain the documents, photographs and other records required under subsection (a) of this section in good condition and shall retain such records for a period of not less than two years. Such records shall be open for inspection by law enforcement officials upon request during normal business hours.

(c) A scrap metal processor, junk dealer or junk yard owner or operator shall immediately notify a municipal law enforcement authority in the municipality in which such scrap metal processor, junk dealer or junk yard is located of the name, if known, and motor vehicle number plate, if available, of any person offering to sell a bronze statue, plaque, historical marker, cannon, cannon ball, bell, lamp, lighting fixture, lamp post, architectural artifact or similar item to such scrap metal processor, junk dealer or junk yard owner or operator.

(d) No scrap metal processor, junk dealer or junk yard owner or operator may purchase or receive a stainless steel or aluminum alloy beer or other beverage keg container if such container is marked with an indicia of ownership of any person or entity other than the person or entity presenting such container for sale. For purposes of this subsection, “indicia of ownership” means words, symbols or a registered trademark printed, stamped, etched, attached or otherwise displayed on such container that identify the owner of such container.

(e) No scrap metal processor, junk dealer or junk yard owner or operator may purchase or receive any property that such scrap metal processor, junk dealer or junk yard owner or operator suspects or has reasonable cause to believe is municipal property unless the person delivering such property presents at the time of delivery a letter on the letterhead of the municipality authorizing such purchase or receipt and signed by either (1) the chief executive officer of the municipality, or (2) the head of the municipal department responsible for maintaining such public property. The scrap metal processor, junk dealer or junk yard owner or operator shall send any moneys paid for such municipal property to the official designated in the letter of authorization.

(f) (1) (A) Except as provided in subparagraphs (B) and (C) of this subdivision, no scrap metal processor, junk dealer or junk yard owner or operator may receive a catalytic converter of a motor vehicle that is not attached to such motor vehicle unless such processor, dealer, owner or operator, at the time of receipt:

(i) Records the place and date of the transaction, a description of the catalytic converter, including item type and identification number, if any, and the amount paid for the catalytic converter;

(ii) Records a description of the seller and the seller's name, residence address and motor vehicle operator's license or identity card number or, if the seller is a business, the name, address and telephone number of the business;

(iii) Records the number plate of the motor vehicle used to transport the catalytic converter to the licensee;

(iv) Obtains from the seller a statement (I) that the seller is the owner of such catalytic converter, or (II) identifying the name of the person from whom the seller obtained the catalytic converter, as shown on a signed transfer document; and

(v) Takes a clear photograph or video of the seller, the motor vehicle operator's license or identity card of the seller and the catalytic converter.

(B) No scrap metal processor, junk dealer or junk yard owner or operator may receive a catalytic converter of a motor vehicle that is not attached to such motor vehicle from a motor vehicle recycler unless:

(i) Such catalytic converter has a stock number affixed to or written on such converter by such recycler, and

(ii) At the time of receipt, such processor, dealer, owner or operator (I) receives a written statement on such recycler's letterhead that includes the stock number of the catalytic converter and the vehicle identification number of the motor vehicle from which such catalytic converter was detached, provided a single written statement may be used for a transaction involving more than one catalytic converter, and (II) takes a clear photograph or video of the employee of such recycler who is transferring the catalytic converter and such employee's motor vehicle operator's license or identity card.

(C) No scrap metal processor, junk dealer or junk yard owner or operator may receive a catalytic converter of a motor vehicle that is not attached to such motor vehicle from a motor vehicle repair shop unless:

(i) Such catalytic converter was removed from a motor vehicle that was serviced by such shop,

(ii) Such catalytic converter has a stock number affixed to or written on such converter by such shop, and

(iii) At the time of receipt, such processor, dealer, owner or operator (I) receives a written statement on such shop's letterhead that includes the stock number affixed to or written on such converter, information on the motor vehicle from which such catalytic converter was detached, including the vehicle identification number and registration number, if applicable, of the motor vehicle and a receipt for the services performed on such motor vehicle, provided a single written statement may be used for a transaction involving more than one catalytic converter, and (II) takes a clear photograph or video of the employee of such shop who is transferring the catalytic converter and such employee's motor vehicle operator's license or identity card.

(2) A person selling a catalytic converter pursuant to subparagraph (A) of subdivision (1) of this subsection may sell only one catalytic converter to a scrap metal processor, junk dealer or junk yard owner or operator per day.

(3) A scrap metal processor, junk dealer or junk yard owner or operator may only pay a seller of a catalytic converter by check. If the seller is a motor vehicle recycler or motor vehicle repair shop, such check shall be payable to the motor vehicle recycler or motor vehicle repair shop. If the seller is not a motor vehicle recycler or motor vehicle repair shop, such processor, dealer, owner or operator shall either (A) send the check to the address provided by the seller in subparagraph (A)(ii) of subdivision (1) of this subsection, or (B) hold the check at such processor's, dealer's, owner's or operator's place of business for collection by the seller not earlier than the third business day after the date of the purchase of such catalytic converter by such processor, dealer, owner or operator.

(4) A scrap metal processor, junk dealer or junk yard owner or operator may only sell a catalytic converter that such processor, dealer, owner or operator received in compliance with the provisions of subdivision (1) of this subsection, and may sell such catalytic converters without any limitation on the number that may be sold per day.

(5) Each scrap metal processor, junk dealer or junk yard owner or operator shall submit to the Department of Emergency Services and Public Protection, on a weekly basis or more frequently as determined by the Commissioner of Emergency Services and Public Protection upon consideration of the volume and nature of the business, a sworn statement of such processor's, dealer's, owner's or operator's catalytic converter transactions, (A) describing the property received, (B) setting forth the nature and terms of each transaction, and (C) identifying the name and address of the motor vehicle recycler or motor vehicle repair shop from which the property was received, or identifying the name and residence address and providing a description of the person from whom the property was received. Such statement shall be in an electronic format prescribed by the commissioner. The commissioner may grant an exemption from the requirement of submitting such statement in electronic format for good cause shown. The commissioner shall include information submitted pursuant to this subsection in any database that stores information submitted pursuant to section 21-43.

(6) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, concerning the creation and retention of documents and other records required by subdivision (1) of this subsection. Such documents and records shall be open for inspection by law enforcement officials upon request during normal business hours.

(g) A scrap metal processor who has purchased scrap metal that is subsequently determined to have been stolen and is returned to the owner of such metal shall have a civil cause of action against the person from whom such metal was purchased.

(h) A first violation of any provision of subsections (a) to (e), inclusive, of this section shall be a class C misdemeanor. A second violation of any provision of said subsections shall be a class B misdemeanor and a third or subsequent violation of any provision of said subsections shall be a class A misdemeanor.

(i) For purposes of this section, “motor vehicle recycler” means a motor vehicle recycler licensed pursuant to section 14-67l, and “motor vehicle repair shop” has the same meaning as provided in section 14-65e.

(P.A. 07-121, S. 2; P.A. 08-150, S. 55; P.A. 09-35, S. 9; 09-243, S. 2; P.A. 14-83, S. 1; P.A. 16-151, S. 17; P.A. 22-43, S. 2.)

History: P.A. 08-150 amended Subsec. (a) to add requirements for receipt of scrap metal and “wire that could be used in the transmission of telecommunications or data” and to change reference to certificate of registration of “person” to certificate of registration of “vehicle” and added Subsecs. (c) to (f) re notification requirements, prohibited acceptance of certain items and penalties; P.A. 09-35 amended Subsec. (a)(1) to replace “registered” with “licensed”; P.A. 09-243 amended Subsec. (a) to make existing requirements for handling and documentation of scrap metal containing wire that could be used in transmission of telecommunications or data applicable to “cable” that could be so used and to “scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company” and to make conforming and technical changes; P.A. 14-83 added new Subsec. (e) re receipt of municipal property, redesignated existing Subsecs. (e) and (f) as Subsecs. (f) and (g) and made technical and conforming changes; P.A. 16-151 amended Subsec. (a) by adding provisions re receipt of scrap metal that contains materials, equipment or parts used in construction, operation, protection or maintenance of railroad right-of-way, effective July 1, 2016; P.A. 22-43 amended Subsecs. (a) and (c) to substitute “license” with “number”, added new Subsec. (f) re catalytic converters, redesignated existing Subsecs. (f) and (g) as Subsecs. (g) and (h), made technical changes in redesignated Subsec. (h) and added Subsec. (i) re definition of “motor vehicle recycler” and “motor vehicle repair shop”, effective July 1, 2022.

Sec. 21-12. Display of license. Each such dealer doing business in this state shall display, on each vehicle used by him in such business, the name of the person conducting such business, the number of the license under which such business is being conducted and the name of the municipality where such license was granted, which names and number shall be painted upon the outside of the body of such vehicle in letters not less than four inches in height and two inches in width.

(1949 Rev., S. 4650.)

Sec. 21-13. Penalty. Any person who engages in the business of a junk dealer without complying with the provisions of this chapter relating to said business shall be guilty of a class C misdemeanor.

(1949 Rev., S. 4651; P.A. 12-80, S. 72.)

History: P.A. 12-80 replaced penalty of a fine of not more than $50 or imprisonment of not more than 3 months or both with a class C misdemeanor.

Sec. 21-14. Exemptions. The provisions of this chapter shall not apply to any dealer in motor vehicles, as defined in chapter 246, or any dealer in antique household furniture, china or glassware.

(1949 Rev., S. 4652; 1967, P.A. 887, S. 1; P.A. 07-121, S. 1.)

History: 1967 act exempted scrap metal processors; P.A. 07-121 deleted exemption for scrap metal processors and made a technical change.