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: Art. I, as Secs. 6-9 through 6-9.07 of the 1965 General Ordinances; Art. II, as Secs. 6-10 through 6-10.3 of the 1965 General Ordinances. Sections 264-1, 264-2, 264-5E, 264-10 and 264-11 amended and §§ 264-3, 264-9, 264-12 and 264-18 added at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 181.
Licenses generally — See Ch. 188.
Pawnbrokers — See Ch. 227.
Peddling and soliciting — See Ch. 235.
Transient merchants — See Ch. 298.
Fees — See Ch. A352.
[Adopted as Secs. 6-9 through 6-9.07 of the 1965 General Ordinances]

§ 264-1 License required; exemption. [1]

A. 
Anyone dealing in the purchase and/or sale of secondhand furniture, machinery, jewelry, clothes or other articles shall be deemed to be a dealer in secondhand articles and shall obtain a license therefor from the City Clerk.
B. 
This section shall not apply to the purchase and/or sale of used motor vehicles or to the purchase and/or sale of the above items by religious or charitable organizations.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 264-2 Fees and bonds.

[Amended 11-22-1983 by Ord. No. 264-1983.[1]; 4-20-2006 by Ord. No. 90-2006]
The annual license fee for each dealer in secondhand articles shall be as set forth in Chapter 133, Fees, and every such dealer shall give a surety bond to the City of a surety company to be approved by the Corporation Counsel in the penal sum of $1,000 conditioned for the due observation of the provisions of law or ordinance relating to such dealers.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.

§ 264-3 Term of license. [1]

All licenses issued pursuant to this article shall be issued for the period of one year, starting at any time and terminating one year therefrom.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions.

§ 264-4 Records of purchases.

[Amended 4-20-2006 by Ord. No. 90-2006]
Every dealer in secondhand articles 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, and the day and hour of such purchase and the book shall at all reasonable times be open to the inspection of the Police Commissioner or any person duly authorized, in writing, for such purpose by the Police Commissioner, who shall exhibit such authorization to the dealer.

§ 264-5 Restrictions.

[Amended[1]; 4-20-2006 by Ord. No. 90-2006]
A. 
Place; expired licenses. No dealer in secondhand articles shall carry on business at any other place or places than the one designated in his license, nor shall he continue to carry on business after his license is suspended, revoked or expired.
B. 
Sales by dealers. No article or thing shall be sold or disposed of by any dealer in secondhand articles until the expiration of 10 days after such purchase, and no such dealer shall receive any article by way of pledge or pawn. This subsection shall not apply to the sale of used motor vehicles.
C. 
No dealer in secondhand articles while licensed as such, shall be licensed as pawnbroker, collateral loan broker or junk dealer.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.

§ 264-6 Lost or stolen property.

[Amended 4-20-2006 by Ord. No. 90-2006[1]]
If any goods, articles or things whatsoever shall be advertised in any newspaper circulated in the City as having been lost or stolen, and if the same or any such answering to the description advertised, or any part thereof, shall be or come on the possession of any dealer in secondhand articles, such dealer shall give information thereof in writing to the Police Commissioner, stating from whom the same was received. Every dealer in secondhand articles who shall have or received any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to the Police Commissioner or any person duly authorized, in writing, for such purpose by the Police Commissioner, who shall exhibit such written authority to the dealer.
[1]
Editor's Note: This ordinance also provided for the repeal of § 264-7, Reports to Police Department, and § 264-8, Notification of dealers of lost or stolen goods, which sections immediately followed this section, and the subsequent renumbering of the following sections thereafter.

§ 264-7 Penalties for offenses. [1]

[Amended 4-20-2006 by Ord. No. 90-2006]
An offense against the provisions of this article shall be punishable by a fine of not more than $1,000 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.
[Adopted as Secs. 6-10 through 6-10.3 of the 1965 General Ordinances]

§ 264-8 License required. [1]

Anyone dealing in the purchase and sale of secondhand automobiles, trucks, scooters, motorcycles or any powered vehicles shall be deemed to be a dealer in secondhand motor vehicles and shall obtain a license therefor from the City Clerk.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.

§ 264-9 Fees and bonds.

[Amended 7-17-1973 by Ord. No. 203-1973[1]]
The annual license fee for each dealer in secondhand motor vehicles shall be as set forth in Chapter 133, Fees, and every such dealer shall give a surety bond to the City of a surety company to be approved by the Corporation Counsel, in the penal sum of $1,000 conditioned for the due observation of the provisions of laws or ordinances relating to such dealers.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.

§ 264-10 Term of license. [1]

All licenses issued pursuant to this article shall be issued for the period of one year, said period starting on January 1 and terminating on December 31 of the same year.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions.

§ 264-11 Records of transactions.

All such dealers in used motor vehicles shall keep an accurate record of the person from whom they have purchased the vehicles, or from whom they have obtained the same, and the name and address of the person to whom they may be resold, and also a record showing the dates of inspection when said motor vehicles shall have been inspected and, if repairs were necessary, a statement of such repairs and the date of same.[1]
[1]
Editor's Note: Former § 264-14, Approval of application, which immediately followed this section, was repealed 4-20-2006 by Ord. No. 90-2006. Said ordinance also provided for the renumbering of the following sections thereafter.

§ 264-12 Compliance with standards.

No person or dealer shall sell, offer to sell, exchange or otherwise dispose of, except to a licensed junk dealer for junking or to a duly licensed dealer in used automobiles or to a dealer in automobiles, any motor vehicle unless the same is equipped with all the necessary safety appliances required by the laws of the State of New York, and complies as to equipment with the provisions of the Vehicle and Traffic Law of the State of New York and all amendments thereto at time of delivery, and unless a certificate duly acknowledged in the same form and manner as a deed conveying real estate is acknowledged is delivered with said motor vehicle certifying that the said motor vehicle sold or otherwise disposed of has been duly inspected and is in safe mechanical condition, is equipped with all necessary safety appliances required by the laws of the State of New York and that the equipment complies in all respects with the provisions of the Vehicle and Traffic Law of the State of New York and all amendments thereof.

§ 264-13 Inspections.

Any person licensed to deal in and deal with motor vehicles shall, on demand, submit all used motor vehicles in his possession for resale for mechanical inspection by the police or their duly authorized representative during regularly established business hours, and shall at all times maintain all books and records required by this article and by the laws of the State of New York, which records shall be open at all times for inspection by the Commissioner of Police or any member of the Police Department during regularly established business hours.

§ 264-14 Restrictions.

No dealer in secondhand motor vehicles shall carry on business at any place other than as designated in his license, nor shall he continue to carry on business after his license is suspended, revoked or expired.

§ 264-15 Penalties for offenses. [1]

[Amended 4-20-2006 by Ord. No. 90-2006]
An offense against the provisions of this article shall be punishable by a fine of not more than $500 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.