[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.]
[Adopted as Secs. 6-9 through 6-9.07 of the 1965 General
Ordinances]
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.
[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.
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.
[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.
[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.
[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.
[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.
[Adopted as Secs. 6-10 through 6-10.3 of the 1965 General
Ordinances]
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.
[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.
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.
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.
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.
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.
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.
