[HISTORY: Adopted by the Rochester City Council 10-10-1967 by Ord. No.
67-326; amended in its entirety 5-15-2007 by Ord. No.
2007-137. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the terms used
herein are defined as follows:
The Commissioner of Neighborhood and Business Development
of the City of Rochester or his or her designated representative.
[Amended 6-16-2009 by Ord. No. 2009-179]
Convictions of any of the following New York State Penal
Law sections:
Any person, corporation, partnership, or limited liability
corporation who is duly organized and conducting business under the
laws of any of the United States or who operates under a New York
State license and whose business enterprise regularly produces junk.
Any person, who does not operate from a fixed location, who
buys or collects old rope, old iron, copper, tin and lead, wood trim,
rubber, rags, bottles, paper, bagging, sacks, parts of machinery,
parts of stoves, scrap metals of all kinds, such other worn out or
discarded articles and materials and odds and ends as can be turned
into a use; but shall not be deemed to include any furniture, house
furnishings, goods, clothing, machinery or tools which can be used
again for the purpose for which they were originally intended.
Any lot where waste, including nonputrescible rubbish, trash,
garbage, refuse, scrap or discards, both man-made and natural, is
temporarily or permanently present for the purposes of bailing, collection,
sorting, recovery, recycling, exchange, storage, reduction, transfer,
incineration or disposal, including auto wreckage yards, house-wrecking
yards and scrap processing yards.
Any person, firm or corporation who operates a junkyard,
including auto wreckers and scrap processors.
Any person, association, partnership or corporation operating
from a fixed location where machinery and equipment are used for processing
old rope, old iron, copper, tin and lead, wood trim, rubber, rags,
bottles, paper, bagging, sacks, parts of machinery, parts of stoves,
scrap metals of all kinds, such other worn out or discarded articles
and materials and odds and ends as can be turned into a use; but shall
not be deemed to include any furniture, house furnishings, goods,
clothing, machinery or tools which can be used again for the purpose
for which they were originally intended.
No person shall carry on the business of junkyard
operator, junk dealer, or scrap processor in the City of Rochester
without having first obtained a junkyard operator, junk dealer, and/or
scrap processor license from the Chief of Police.
The Police Chief shall, consistent with the
express standards, purposes and intent of this chapter, promulgate,
adopt and issue such interpretations, procedural rules, regulations
and forms as are in the Police Chief's opinion necessary to effective
administration and enforcement of the provisions of this chapter.
These interpretations, rules, regulations and forms shall be available
to the public at the License Clerk's Office, City Hall, Room 100A.
Such rules, regulations and forms shall be effective upon filing with
the City Clerk as a communication to the City Council.
[Amended 3-27-2012 by Ord. No. 2012-120[1]]
The annual license fee shall be $300, except
that in 2013 the renewal fee shall be $425. The payment of the fee
shall be due upon application for the license. The fee for replacement
of a junkyard operator, junk dealer, or scrap processor license which
has been lost or destroyed shall be $10.
[1]
Editor’s Note: This ordinance provided an effective
date of 6-1-2012.
A.
An application for junkyard operator, junk dealer,
and/or scrap processor license shall be made to the City of Rochester,
City Clerk's office, on forms prescribed by the Chief of Police.
B.
Upon receipt of an application for a junkyard operator,
junk dealer, and/or scrap processor license, and after approval for
Zoning Code compliance by the Director of Buildings and Zoning, the
Commissioner of Neighborhood and Business Development and the Fire
Chief shall cause an inspection of the premises to be made to determine
whether the applicant is complying with the laws and ordinances which
they are charged with enforcing, and said Commissioner and Fire Chief
and members of their staffs shall have the right to enter upon any
premises for which a junkyard operator, junk dealer, and/or scrap
processor license is sought for the purpose of making such an inspection
during normal business hours.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
Upon receipt of the application for the junkyard operator,
junk dealer, or scrap processor license, the Chief of Police shall
cause an inspection to be made of the premises to determine whether
public safety problems exist on the premises, and the Chief of Police
shall cause an investigation to be made of the background of the owner
and the operator. The Chief of Police and his or her representatives
shall have the right to enter upon such premises for the purpose of
making such inspections during normal business hours. Further inspections
of the premises may be made after a license has been issued to ensure
compliance with laws and ordinances relating to the Jjunkyard operator,
junk dealer, or scrap processor.
D.
Except as provided in New York State Correction Law,
Article 23-A, no junkyard operator, junk dealer, or scrap processor
license shall be issued to any person who has pled guilty to or has
been convicted of any designated offense or any other crime related
to the operation of the business.
E.
No junkyard operator, junk dealer, or scrap processor
license shall be issued to any person against whom judgment has been
rendered by the Municipal Code Violations Bureau in response to a
complaint charging a violation of any section of this chapter, which
judgment has not been satisfied or who has outstanding fines or avoidable
alarm fees with the City of Rochester.
F.
No junkyard operator, junk dealer, or scrap processor
license shall be issued for a period of one year to an applicant whose
license had been revoked.
[Amended 3-27-2012 by Ord. No. 2012-120[1]]
Licenses shall expire on May 31 after their
date of issuance.
[1]
Editor’s Note: This ordinance provided an effective
date of 6-1-2012.
A.
Junkyard operators, junk dealers, or scrap processors
shall comply with all provisions of federal, state and local laws
and ordinances relating to the conduct of business and the use and
maintenance of the premises.
B.
Junkyard operators, junk dealers, or scrap processors
shall comply with all the notices, orders, decisions and rules and
regulations made by the Chief of Police, Fire Chief, Commissioner
of Neighborhood and Business Development and the Director of Buildings
and Zoning governing the occupation and use of said premises.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
Junk dealers, or junkyard operators, or scrap processors
shall cause the junk dealer, junkyard operator, or scrap processor
license to be posted in a conspicuous place on the premises.
D.
Junkyard operators, junk dealers, or scrap processors
shall not receive or purchase any junk from any person under the age
of 18 years unless said infant be accompanied by his or her parent
or legal guardian; anyone who is visibly intoxicated or under the
influence of drugs; and/or has been convicted of any designated offense.
E.
No junkyard operator, junk dealer, or scrap processor
shall purchase or otherwise receive junk from any person without first
ascertaining that such junk is the property of the person offering
to sell or give away. All purchases shall be by check and the junkyard
operator, junk dealer, or scrap processor operator shall not cash
the check.
F.
Every license granted hereunder shall designate the
place in which said licensee shall be authorized to carry on business,
and such business shall not be conducted at any other place than the
one so designated.
G.
No person, firm or corporation shall operate a vehicle
in connection therewith unless the vehicle shall bear in a conspicuous
place, visible from either the rear or sides of such vehicle, a sign
on which shall be set forth in conspicuous letters and figures the
name, address and number of the license.
H.
No license shall be issued or renewed, nor shall the
operation of a junkyard be permitted, until the following conditions
are met:
(1)
Junkyards shall be established and maintained pursuant to the standards set forth in Chapter 120 of the Municipal Code, Zoning Code.
(2)
The Commissioner shall have the power, either personally
or through a duly authorized member of his or her staff, to enter
and inspect all junkyards in the City during normal business hours
in order to ensure compliance with all laws, rules and regulations.
(3)
No material shall be placed in any junkyard in such
a manner that it is capable of being transferred out of the junkyard
by wind, water or other natural causes. The loose storage of paper
and the spilling of flammable or other liquids into streams or sewers
is prohibited.
(4)
All materials shall be stored in such a manner as
to prevent the breeding or harboring of rats, insects or other vermin.
Where necessary, this shall be accomplished by enclosure in containers,
raising of materials above the ground, separation of types of materials,
preventing the collection of stagnant water, extermination procedures
or other means. Professional monthly exterminating services shall
be required, and a log indicating the dates and findings of such professional
services shall be maintained on the premises. Upon proper inspection
and investigation, waiver of any portion of these requirements may
be made by the Commissioner.
(5)
Stores of rubber shall not be permitted to accumulate
so as to create a hazard.
(6)
If burning is to be conducted on the premises when
permitted by applicable law, it shall be carried on in an incinerator
acceptable to the Commissioner. The standards of the State of New
York and other applicable standards relating to air pollution shall
be adhered to.
(7)
Fire hazards shall be prevented by organization and
segregation of stored materials, with particular attention to the
separation of combustibles, where necessary, by the provision of adequate
aisles for escape and fire fighting and by other necessary measures.
(8)
All paper, rags, cloth and other fibers and activities
involving the same, other than loading and unloading, shall be within
fully enclosed buildings, except that securely baled paper may be
stored unenclosed.
(9)
All junkyard materials and activities not within fully
enclosed buildings shall be surrounded by a solid, stable fence or
wall of acceptable design to be at least eight feet in height, surfaced
so as to be resistant to damage from the elements and from stored
materials and erected and maintained in a manner that will provide
effective screening of the premises. Any gate in such fence shall
be similarly constructed and maintained (except that a view hole may
be left in each such gate for the purpose of preventing vandalism,
theft and other crime) and shall be kept locked at all times when
the facility is not in operation.
(a)
Any junkyard existing on January 1, 1981, not having
a fence or gate as required by this subsection shall be provided with
such, unless, upon written application of a junkyard operator, the
Commissioner waives the requirement of solid fencing due to the location
of the junkyard, unusual topography or the nature of the operation.
The Commissioner shall make or cause to be made a complete investigation
and inspection of the junkyard before granting a waiver.
(b)
Such a waiver shall clearly state the reasons therefor,
a description of the boundaries of the junkyard and a description
of the area where the modification is to be permitted. Such a waiver
shall also state any alternative fencing which has been found to be
acceptable.
(c)
In no instance shall the solid-fencing requirement
be waived for part of any junkyard which abuts or faces a dwelling
or a residentially zoned district.
(10)
The boundaries of any facility or operation shall
at all times be clearly delineated.
(11)
All structures, including fences on the premises,
shall be kept in good repair and painted, junkyards policed, storage
piles kept neat and operations carried on in a safe and orderly manner.
Storage piles shall be so maintained as to not create a safety hazard
and shall be of such size and stability as will prevent them from
falling by reason of the elements or the activities of the junkyard
operator. Storage piles shall not exceed the height of the fence surrounding
the materials.
A.
Every
junkyard operator, junk dealer, and scrap processor shall keep a record
in which shall be documented, at the time of the purchase or receipt
of any item, a description thereof, the name, age and personal description
of the person from whom the purchase was made, the date and time when
the purchase was made and where the seller obtained the item. The
identity of the seller shall be verified by use of a New York State
driver's license or New York State nondriver identification card,
and the license or identification card number shall also be recorded
in the record with the other identifying information. All such records
shall be open to inspection by any member of the Police Department
of the City of Rochester. The records shall be legibly written in
the English language and shall show the amount paid for each item,
along with the check number issued for payment of said item. No such
record shall be erased, obliterated, altered or defaced.
[Amended 3-27-2012 by Ord. No. 2012-120[1]]
[1]
Editor's Note: This ordinance provided an effective date of
6-1-2012.
B.
Every junkyard operator, junk dealer, and scrap processor shall make out every business day, on blank forms to be furnished by, or in a format approved by, the Chief of Police, a record containing the details of all purchases and receipt of junk from individual sellers who are not institutional clients during the preceding business day. The dealer shall deliver such record to the Chief of Police, or his or her representative, by mail or in person and then exclusively by computer transmission as prescribed in § 66-9, on the same day in which the record is completed. The details to be reported on each purchase shall be prescribed by regulations promulgated by the Chief of Police.
[Amended 3-27-2012 by Ord. No. 2012-120[2]]
[2]
Editor's Note: This ordinance provided an effective date of
6-1-2012.
C.
If several items are purchased from the same person
in a single transaction, they may be reported as a group, provided
that each item is accurately described. Items may be described in
commonly accepted terms of the trade.
D.
It shall be a violation of this article for any junkyard
operator, junk dealer, or scrap processor or any seller to make a
false statement or give untrue information required under this section.
[Added 3-27-2012 by Ord. No. 2012-120[1]]
A.
From and after the date called for by the phase-in schedule in Subsection E, every junkyard operator, junk dealer, or scrap processor, except those exempted by operation of Subsection F, shall, by close of business each day, upload to the Chief of Police electronic records of all reportable transactions occurring the same business day. Each transaction record shall contain all information required by § 66-8 and shall be uploaded via Internet connection to an electronic reporting service provided by the Rochester Police Department according to the following procedures:
(1)
Junkyard operators, junk dealers or scrap processors using point-of-sale
software shall review compatibility of their software with the electronic
reporting service provided by the Police Department, and dealers with
compliant point-of-sale software shall electronically upload all required
information from their point-of-sale software to the specified electronic
reporting service via Internet connection using the upload process
of the reporting service; or
(2)
Junkyard operators, junk dealers, or scrap processors using noncompliant
point-of-sale software, or not using point-of-sale software, shall
manually enter all reportable transactions into the electronic reporting
service via Internet connection.
B.
The Chief of Police shall establish by rule the format and requirements of the transmission of data and may restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under Subsection A shall not be reported on paper forms unless the Chief of Police so requests.
C.
In the event a junkyard operator, junk dealer or scrap processor
is unable to successfully upload transaction records via the electronic
reporting service, the junkyard operator, junk dealer or scrap processor
shall, within 24 hours, notify the Police Department of the reason
for the submission failure and shall provide the Police Department
with an estimated time of compliance. For every day the junkyard operator,
junk dealer or scrap processor is unable to upload electronic transactions
records via the electronic reporting service, the junkyard operator,
junk dealer or scrap processor shall provide the Chief of Police a
daily electronic data table or spreadsheet of all transactions that
would otherwise have been submitted via the electronic reporting service.
This data shall be either hand delivered or e-mailed to the Police
Department no later than one business day after the transaction date.
D.
If the upload problem is determined by the Police Department to be
the fault of the junkyard operator, junk dealer or scrap processor,
the junkyard operator, the junk dealer or scrap processor shall be
charged a daily reporting failure fee of $10 until the error is corrected.
This fee is to offset the Rochester Police Department's costs in converting
the data from paper format into electronic format. If the problem
is determined by the Police Department to be due to factors not associated
with the junkyard operator, junk dealer or scrap processor, the junkyard
operator, junk dealer or scrap processor shall not be charged the
reporting failure fee. Upon correction of the problem, the junkyard
operator, junk dealer or scrap processor shall electronically upload
the required information.
E.
Junkyard operators, junk dealers or scrap processors shall report their transactions electronically to the Chief of Police as required by Subsections A and B from and after the following dates:
(1)
For each business for which a junkyard operator, junk dealer or scrap processor license is first obtained on or after the effective date of the ordinance codified in this section, effective upon commencing business or one month after the effective date of the initial rules adopted pursuant to Subsection B, whichever is later;
(2)
For each business for which a junkyard operator, junk dealer or scrap processor license was first obtained before the effective date of the ordinance codified in this section, no later than one month after the effective date of the initial rules adopted pursuant to Subsection B;
(3)
The Chief of Police may, for good cause shown, grant a junkyard operator,
junk dealer or scrap processor an extension of the otherwise applicable
deadline to a date not later than six months after the effective date
of this Ordinance No. 2012-120. An extension may only be granted upon
written application by the junkyard operator, junk dealer or scrap
processor; upon a showing that the junkyard operator, junk dealer
or scrap processor is making satisfactory progress toward acquiring
computer programs and equipment to make the necessary transmission;
and upon agreement by the junkyard operator, junk dealer or scrap
processor to pay to the City a daily reporting fee of $10 to offset
the Rochester Police Department's costs in converting the data from
paper format into electronic form.
F.
If, after establishing the format and requirements for the transmission
of computerized reports of transactions, the Chief of Police alters
the required format, junkyard operators, junk dealers or scrap processors
shall be given at least 30 days to comply with the new format requirements.
A.
The Chief of Police may deny a license or deny the
renewal of a license to any applicant who does not comply with the
provisions of this chapter or any rule or regulation promulgated under
this chapter or who makes a material misrepresentation on the license
application. The Chief of Police shall give a written notification
to an applicant of the reasons for the denial of a license.
B.
When the investigation conducted pursuant to § 66-5 reveals that the applicant has violated either federal, state or local laws or rules and regulations, the Police Chief may authorize the issuance of a conditional certificate. The conditional certificate shall state the grounds for the conditional certificate, the conditions under which the applicant shall operate his or her business, be signed by the applicant, and contain a provision which provides that any violation of the conditional certificate, as solely determined by the City of Rochester, shall be deemed to be grounds for revoking the conditional certificate.
C.
The Chief of Police shall have the power to investigate
and inquire into license applicants under this chapter and to require
and enforce by subpoena the attendance of witnesses at such investigations.
A.
Violations of this chapter may be referred to the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties set forth in § 13A-11 of the Municipal Code.
B.
Violations of this chapter may also be enforced pursuant to Chapter 52 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
C.
Violations of the licensing provisions of this chapter may be enforced pursuant to Chapter 68 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
D.
The Chief of Police shall revoke, without a hearing, the license of any person found guilty of five or more violations of this chapter during any period of two years. Nothing herein shall prevent the Chief of Police from revoking a license of any person with fewer than five violations, on written charges and an opportunity for a hearing thereon, pursuant to § 68-10 of the Municipal Code.
Should any section, paragraph, sentence, clause
or phrase in this chapter be declared unconstitutional or invalid
for any reason, the remainder of the chapter shall not be affected
thereby and shall remain in full force and effect, and to this end,
the provisions of this chapter are declared to be severable.
