Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 12-9-1969.[1] Amendments noted where applicable.)
GENERAL REFERENCES
Solid waste management — See Ch. 133.
Secondhand dealers — See Ch. 162.
Junkyards — See Ch. 213, Art. XXXVII.
[1]
Editor's Note: The provisions of this chapter are derived from Art. II of Ch. 10 of the 1969 Unified Code of Ordinances of the Town of Babylon.

§ 143-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
JUNK BUSINESS
Includes the purchase or sale of old rope, iron, steel, brass, copper, tin, slush, empty bottles and paper, in large or small quantities.
MOTOR VEHICLE JUNK BUSINESS
Includes the buying of secondhand motor vehicles, parts and accessories for the purpose of remodeling, taking apart or reselling the same or the buying, storage or selling of parts of secondhand motor vehicles or tires or the assembling of secondhand motor parts.

§ 143-2 License required.

No person shall engage in or conduct business as a dealer in or collector of junk metals or secondhand materials or in the business commonly known as the "junk business," including the motor vehicle junk business, or in the collection, purchase, storage, sale or disposal of junk materials or secondhand materials in the Town, unless such person shall first obtain a license therefor, as is hereinafter provided.

§ 143-3 Applicability of provisions to licenses.

Any license heretofore or hereafter issued shall be deemed and construed to be subject to this chapter.

§ 143-4 Exemption for nonprofit organizations.

This chapter shall not apply to the collection of papers, materials or other secondhand materials by nonprofit organizations or societies whose regular meeting place is within the jurisdictional limits of the Town.

§ 143-5 Application for license.

Each applicant for a license hereunder shall submit to the Town Clerk a written application, supplying under affidavit the following information:
A. 
That he is a citizen of the United States.
B. 
That he has never been convicted of a felony or misdemeanor.
C. 
Information as to his experience, financial responsibility, equipment and the nature and location of storage places to be used by the applicant.

§ 143-6 Limitations on issuance of license.

No license hereunder shall be granted to any person who is not a citizen of the United States, or who has been convicted of a felony or misdemeanor, or who is not a fit and desirable person and capable of property conducting the business for which the license is required.

§ 143-7 Issuance of license on payment of fee.

If the applicant for a license hereunder possesses the required qualifications, the Town Clerk shall issue a license to said applicant, upon payment by the applicant of the license fee or fees hereinafter prescribed therefor.

§ 143-8 License fees.

[Amended 5-5-1992]
Every licensee hereunder shall pay an annual license fee of $250, payable upon the issuance of the license; provided, however, that if such license shall be issued after the first day of July, then the license fee until the end of such calendar year shall be $125.

§ 143-9 Expiration of license.

Every license issued hereunder shall expire at the end of the calendar year in which the same is issued.

§ 143-10 Revocation of license; additional penalties.

Any false statement in an application for a license hereunder or any violation of any of the provisions of this chapter or of any of the statutes, rules, regulations or orders aforesaid shall cause an automatic revocation of any license issued hereunder. In addition thereto, the Town Board may, for any other cause, revoke any such license after a hearing at which the licensee shall be afforded an opportunity to be heard. The foregoing penalties shall be in addition to the penalties in §§ 1-15 through 1-17 which may be imposed for violations of this Code.

§ 143-11 License subject to compliance with additional provisions.

Each license issued as provided herein shall be issued subject to compliance by the licensee with all the requirements of Article 6 of the General Business Law, with § 1308 of the Penal Law[1] and with all other 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 respecting such business or the conduct thereof; and, subject also, to compliance with the requirements of this chapter.
[1]
Editor's Note: See §§ 165.40, 165.45, 165.50, 165.55, 165.60 and 165.65 of the current Penal Law.

§ 143-12 Undertaking to guarantee performance.

An undertaking, in form satisfactory to the Town, may, at the option of the Town, be accepted by the Town to guarantee performance of any one or more of the requirements of this chapter.

§ 143-13 Location of business restricted.

[Amended 8-19-1997 by L.L. No. 10-1997; 4-21-1998 by L.L. No. 4-1998]
A. 
No person shall engage in a business for which a license is required herein, except in an H Heavy Industrial District or in any industrial district within the area bounded by Patton Avenue, Edison Avenue, Alder Street and the westerly side of Nancy Street and only after a special exception permit has been issued by the Zoning Board of Appeals for the use of such site as a junkyard.[1]
[1]
Editor's Note: See Ch. 213, Zoning, Art. XXXVII, Junkyards.
B. 
Notwithstanding anything contained herein to the contrary, a license to operate a nonconforming junkyard as such is defined in § 213-449 of this Code may be issued upon certification by the Building Inspector that the premises is in compliance with § 213-449.

§ 143-14 Record of collection and purchase of materials.

Each person licensed under the provisions of this chapter shall keep a book record of each article of junk, metal or secondhand materials 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.

§ 143-15 Inspection by officials.

Every person licensed under the provisions of this chapter shall permit his place of business, his record books and his vehicles or conveyances to be examined or inspected at any time by the police or by any representative of the Town Board.

§ 143-16 Identification and retention of articles.

A. 
Every person licensed under this chapter, upon the purchase of any property described in § 143-1, shall place and keep each separate purchase in a separate and distinct pile, bundle or package in the usual place of business of such licensee without removing, melting, cutting or destroying any article thereof for a period of five days immediately succeeding each purchase. On said package, bundle or pile shall be placed and kept by such licensee a tag bearing the name and address of the seller, with the date of and place of purchase and the weight thereof.
B. 
No person licensed under the provisions of this chapter shall dispose of any article acquired by him in the conduct of the business for which he obtained such license until the expiration of five days from the date of purchase or collection.

§ 143-17 Dealing with minors.

No person licensed under the provisions of this chapter shall collect or purchase any junk, metal or secondhand materials or articles or any kind from any person who is actually or apparently under the age of 21 years.

§ 143-18 (Reserved) [1]

[1]
Editor's Note: Former §§ 143-17 through 143-25, regarding junkyards, were repealed 8-19-1997 by L.L. No. 10-1997. See now Ch. 213, Zoning, Art. XXXVII, Junkyards. This local law also provided for the renumbering of former § 143-25 as § 143-17.

§ 143-19 (Reserved)

§ 143-20 (Reserved)

§ 143-21 (Reserved)

§ 143-22 (Reserved)

§ 143-23 (Reserved)

§ 143-24 (Reserved)

§ 143-25 (Reserved)

§ 143-26 Hours of operation.

No person licensed under the provisions of this chapter shall collect or purchase junk, metals or secondhand materials from any other person between the hours of 7:00 p.m. and 7:00 a.m. following.