[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-11-1957
by ordinance (Ch. 22 of the 1966 Code). Sections 100-2, 100-3, 100-4C and
100-7 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 167.
No person, firm or corporation shall engage in, operate or conduct business
as a dealer in or collector of junk or old, used or secondhand materials of
any kind, including but not limited to rags, cloth, rubber, old rope, old
iron, brass, copper, tin, lead or other old metals, old bottles, glass, bones,
tinware, old clothes unfit for wearing, shoes, secondhand lumber, old or junked
motor vehicles or parts thereof, or operate a junkyard for the storage, processing
or dismantling of the same, in the Town of Haverstraw, Rockland County, New
York, without first having obtained a license therefor as hereinafter provided.
[Amended 7-8-1991 by L.L. No. 3-1991]
Each applicant for such license shall submit to the Town Supervisor
on a form provided by him a duly verified written application showing that
he is a citizen of the United States, that he has never been convicted of
a felony and information as to his experience, financial responsibility, equipment
and the nature and location of his place or proposed place of business. If
the applicant possesses all the required qualifications, the Town Supervisor
shall, upon payment by the applicant of the license fee hereinafter prescribed,
issue a license to such applicant.
The fee for such license is hereby fixed in the sum of $50. Such license
shall be placed and at all times displayed in a conspicuous place at the licensee's
place of business. Such license shall be effective from the date of its issuance
until the 31st day of December next succeeding, unless sooner revoked, and
shall not be transferable.
[1]
Editor's Note: This local law also provided that it shall become
effective May 18, 1992.
Each such license shall be issued subject to compliance with all statutes
now existing or which may hereafter be enacted affecting such business or
the conduct thereof; subject also to compliance by the licensee with all rules,
regulations or orders now existing or which may hereafter be made by the Town
Board of the Town of Haverstraw respecting such business or the conduct thereof
and subject also to compliance with the following additional requirements:
A.
All premises in the Town of Haverstraw used in connection
with the business of buying, selling and dealing in junk or the operation
of a junkyard for storage, processing or dismantling of junk, as herein set
forth, shall be enclosed in either a fence at least six and one-half (6 1/2)
feet in height or shrubbery equaling the same, and such fence must be at least
20 feet off any main highway.
B.
Such fence shall not be used for billboard purposes nor
for the display of advertisements of any kind.
D.
Each such licenses shall keep a book record of each article
of junk, metal or secondhand material purchased or collected by him, showing
the time and place of collection or purchase and the name and address of the
person from whom the same was collected or purchased, and shall not dispose
of any such article purchased or collected until the expiration of five days
from the date of purchase or collection.
E.
Each licensee shall not collect or purchase junk, metals
or secondhand materials from any person between the hours of 7:00 p.m. and
7:00 a.m.
F.
Each licensee shall permit his place of business, his
record books and his vehicles and conveyances to be examined or inspected
at any time by any representative of the Town Board. Each such place of business
shall be conducted in such a manner as not to annoy the occupants of adjoining
premises because of either excessive noise, foul odors, unsanitary or unsightly
conditions of the premises or as not to constitute a nuisance.
G.
No such licensee shall burn materials within premises
licensed hereunder in such a manner as to cause danger to the public health
or to cause a public nuisance.
Acceptance of such license shall constitute an agreement by the licensee
to comply with all such requirements, orders, rules, regulations and statutes.
A.
Any false statement in an application or any violation
of any of the provisions of this chapter or any of the statutes, rules, regulations
or orders aforesaid shall be grounds for the revocation of such license.
B.
Any such license may be revoked and canceled by the Town
Board, for cause, after due notice to the licensee or his agent or lawful
representative of the alleged violation or violations and after such licensee
has had an opportunity to be heard thereon.
A violation of this chapter may be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.[2]
This chapter shall not apply to any person, firm or corporation carrying
on or operating an antique furniture business in which antique furniture and
other antique household articles are sold or offered for sale.
