City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle as Secs. 6-12 through 6-12.10 of the 1965 General Ordinances. Sections 181-1, 181-3 and 181-4 amended and §§ 181-2, 181-5 and 181-15 added at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 96.
Licenses generally — See Ch. 188.
Noise — See Ch. 213.
Pawnbrokers — See Ch. 227.
Peddling and soliciting — See Ch. 235.
Secondhand articles and vehicles — See Ch. 264.
Transient merchants — See Ch. 298.
Abandoned vehicles — See Ch. 309.
Zoning — See Ch. 331.

§ 181-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
JUNK DEALER
Any person engaged in the purchase or sale of junk, old rope, old iron, brass, copper, rubber, paper, bagging, tin, lead, rags, slush or empty bottles.[1]
JUNK SHOP
The place of business of a junk dealer.
JUNK VEHICLE
Any vehicle in the streets or any vessel in the waters of the City used by a junk dealer in the course of his business.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

§ 181-2 Application. [1]

All applications for licenses for junk dealers shall be made to the City Clerk in such form and detail as may be prescribed.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions).

§ 181-3 Approval required prior to issuance. [1]

  Before said license shall be issued, the application shall be approved in writing by the Commissioner of Police, the Fire Chief and the Building Official.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

§ 181-4 Fees. [1]

Every junk dealer shall pay license fees as set forth in Chapter 133, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).

§ 181-5 Term of license. [1]

All licenses shall be issued for the period of one year, said period starting on July 1 and terminating on June 30 of the following year.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions).

§ 181-6 Identification of vehicles and vessels.

Every junk vehicle or vessel shall show on each side thereof the words "junk vehicle" or "junk vessel," together with the license number and the name and address of the owner thereof in plain letters and figures at least three inches in height.

§ 181-7 Restrictions.

A. 
Place and manner of conduct of business. No junk dealer shall maintain a junk shop or carry on his business at any place other than the one designated in the license therefor. No junk dealer shall break iron or other metals on Sunday or before 8:00 a.m., or after 6:00 p.m. on other days of the week, or otherwise at any time to conduct his business so as to make unusual or improper noises tending to disturb the peace and quiet of the neighborhood. No junk dealer shall store or accumulate junk except in a house, shop, shed or other building, and except, further, that he may temporarily accumulate junk not to exceed a period of 60 days in a yard adjoining his place of business, provided that said junk is at all times properly covered by a temporary shed or tarpaulin, or otherwise.
B. 
Conviction of crime. No applicant shall be entitled to or shall receive such license, who or which, and in the case of a partnership, corporation or association, any member or stockholder of which, has been convicted of larceny or knowingly receiving stolen property.
C. 
Purchase. No junk dealer shall purchase any goods, article or thing whatsoever from any minor or servant knowing, or having reason to believe, the seller to be such, nor from any person, between the setting of the sun and 7:00 a.m.
D. 
Other business. No junk dealer shall be licensed as a pawnbroker or dealer in secondhand articles in the City.

§ 181-8 Bond.

No license shall be issued unless the applicant shall first file a bond in the penal sum of $250, executed by the applicant and at least two sufficient sureties who shall be residents and freeholders of the City, or of a surety company to be approved by the Mayor, conditioned upon the faithful performance of the applicant of the provisions of this chapter and all state laws pertaining to junk dealers.

§ 181-9 Record of purchases.

Every junk dealer shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name, residence and general description of the person from whom such purchase was made, the day and hour of such purchase; when the purchase consists of articles from a scow, coal-boat, lighter, tug or other vessel, the name of such scow, coal-boat, lighter, tug or other vessel, and the name and residence of the owner thereof. The book shall be open at all reasonable times to the inspection of any police officer, the Mayor or any person duly authorized, in writing, for such purpose, by the Mayor, who shall exhibit such authorization to the dealer.

§ 181-10 Reports to Police Department.

Every junk dealer, upon being served with a written notice to do so by a member of the Police Department, shall report to the Commissioner of Police on a blank form to be furnished by the Police Department, an accurate description of all goods, articles or things purchased or received in the course of business of the junk dealer during the days specified in such notice, stating the amount paid for, and the name, residence and general description of the person from whom such goods, articles or things were received.

§ 181-11 Lost or stolen goods.

If any such goods, articles or things whatsoever shall be advertised, in any newspaper printed in the City, as having been lost or stolen, and the same or any answering to the description advertised, or any part or portion thereof shall be or come in the possession of any junk dealer, he shall give information thereof, in writing, to the Commissioner of Police, and state from whom the same was received.

§ 181-12 Restrictions on alteration of junk.

No junk dealer, his agent, servant or employee shall alter, deface or take apart any article or thing which shall be purchased in his business within the period of 10 days from the time of such purchase, and the same shall be sold or offered for sale in the same form, state and condition, if sold within 10 days from the date of purchase thereof, in which it was first received by said dealer.

§ 181-13 Exhibition to authorized personnel.

Every junk dealer, his agent, servant or employee shall, on demand made by the Mayor or any police officer or other person so authorized, exhibit to said person any article or thing in his possession.

§ 181-14 Badges.

Every person while using a licensed junk vehicle shall wear conspicuously on the right breast of the outer coat a metal badge of the shape, size and style prescribed by the Mayor, having engraved or embossed thereon the official designation and number of the license, together with the words "City of New Rochelle."

§ 181-15 Penalties for offenses. [1]

An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).