[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-11-1957 by ordinance (Ch. 22 of the 1966 Code). Sections 100-2, 100-3, 100-4C and 100-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 167.
No person, firm or corporation shall engage in, operate or conduct business as a dealer in or collector of junk or old, used or secondhand materials of any kind, including but not limited to rags, cloth, rubber, old rope, old iron, brass, copper, tin, lead or other old metals, old bottles, glass, bones, tinware, old clothes unfit for wearing, shoes, secondhand lumber, old or junked motor vehicles or parts thereof, or operate a junkyard for the storage, processing or dismantling of the same, in the Town of Haverstraw, Rockland County, New York, without first having obtained a license therefor as hereinafter provided.
[Amended 7-8-1991 by L.L. No. 3-1991]
Each applicant for such license shall submit to the Town Supervisor on a form provided by him a duly verified written application showing that he is a citizen of the United States, that he has never been convicted of a felony and information as to his experience, financial responsibility, equipment and the nature and location of his place or proposed place of business. If the applicant possesses all the required qualifications, the Town Supervisor shall, upon payment by the applicant of the license fee hereinafter prescribed, issue a license to such applicant.
[Amended 7-8-1991 by L.L. No. 3-1991; 4-27-1992 by L.L. No. 3-1992[1] ]
The fee for such license is hereby fixed in the sum of $50. Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of business. Such license shall be effective from the date of its issuance until the 31st day of December next succeeding, unless sooner revoked, and shall not be transferable.
[1]
Editor's Note: This local law also provided that it shall become effective May 18, 1992.
Each such license shall be issued subject to compliance with all 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 Board of the Town of Haverstraw respecting such business or the conduct thereof and subject also to compliance with the following additional requirements:
A. 
All premises in the Town of Haverstraw used in connection with the business of buying, selling and dealing in junk or the operation of a junkyard for storage, processing or dismantling of junk, as herein set forth, shall be enclosed in either a fence at least six and one-half (6 1/2) feet in height or shrubbery equaling the same, and such fence must be at least 20 feet off any main highway.
B. 
Such fence shall not be used for billboard purposes nor for the display of advertisements of any kind.
C. 
No such licenses shall collect or purchase any junk, metal or secondhand materials or articles of any kind from any person who is actually or apparently under the age of 16 years.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
Each such licenses shall keep a book record of each article of junk, metal or secondhand material 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, and shall not dispose of any such article purchased or collected until the expiration of five days from the date of purchase or collection.
E. 
Each licensee shall not collect or purchase junk, metals or secondhand materials from any person between the hours of 7:00 p.m. and 7:00 a.m.
F. 
Each licensee shall permit his place of business, his record books and his vehicles and conveyances to be examined or inspected at any time by any representative of the Town Board. Each such place of business shall be conducted in such a manner as not to annoy the occupants of adjoining premises because of either excessive noise, foul odors, unsanitary or unsightly conditions of the premises or as not to constitute a nuisance.
G. 
No such licensee shall burn materials within premises licensed hereunder in such a manner as to cause danger to the public health or to cause a public nuisance.
Acceptance of such license shall constitute an agreement by the licensee to comply with all such requirements, orders, rules, regulations and statutes.
A. 
Any false statement in an application or any violation of any of the provisions of this chapter or any of the statutes, rules, regulations or orders aforesaid shall be grounds for the revocation of such license.
B. 
Any such license may be revoked and canceled by the Town Board, for cause, after due notice to the licensee or his agent or lawful representative of the alleged violation or violations and after such licensee has had an opportunity to be heard thereon.
A violation of this chapter may be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Former § 22-9, Civil penalty, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
This chapter shall not apply to any person, firm or corporation carrying on or operating an antique furniture business in which antique furniture and other antique household articles are sold or offered for sale.