[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981
by L.L. No. 1-1981 as Ch. 16, Arts. VII and X, of the 1981 Code. Amendments
noted where applicable.]
A.
Anyone dealing in the purchase or sale of junk or exchange
of other articles for junk, in large or small quantities, shall be deemed
to be a junk dealer, and his or her place of business a junk shop.
B.
Any vehicle used for the purpose of collecting or selling
old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging,
empty bottles or any other metals or materials classed as junk shall be deemed
a junk vehicle, and the owner or owners thereof a junk dealer.
Nothing in this chapter shall be held to apply to any sales or purchases
conducted pursuant to statute or by order of any court, or to the holder of
a license granted pursuant to § 32 of the General Business Law.
This chapter shall also not apply so as unlawfully to interfere with interstate
commerce.
A.
Each applicant for a license hereunder shall execute,
under oath, an application therefor which shall contain the following information:
(1)
The name, address and age of the applicant.
(2)
Whether he or she has ever been convicted of a felony
or misdemeanor, and, if so, the court date of conviction and sentence prescribed.
(3)
A description of the exact type of business he or she
intends to conduct and the nature of the materials he or she intends to handle.
(4)
The number of employees he or she intends to engage.
(5)
The name and address of the owner or owners of the land
and the nature of the right of occupancy of the applicant to the use of such
land.
(6)
Such other information that may be required by the City
Clerk to determine the qualifications of the applicant.
B.
Such application shall be signed and sworn to before
a Notary Public or other officer authorized to administer oaths.
A.
License fee, bond. Every junk dealer shall pay an annual
license fee as set forth from time to time by the Common Council,[1] and give a bond to the city, with sufficient surety approved by
the City Attorney, in the penal sum of $1,000, conditioned for the due observance
of all provisions of law and municipal ordinances and local laws relating
to such dealers.
[Amended 10-13-1983; 12-27-1994[2]]
B.
Duration of license. All junk dealer licenses shall be
issued by the City Clerk as of January 1 and shall expire on the 31st day
of December next succeeding the date of issuance thereof.
A.
Keeping of records. Every junk dealer shall keep, in
such form as the Chief of Police may prescribe and written in ink or indelible
pencil, a daily record of all articles purchased, the name, residence, age
and occupation of the person from whom each article was purchased and the
name of the employer, if any, of such person; also the day and hour of such
purchase and the price paid. The records shall be open to inspection at all
reasonable times by any police officer or other authorized official of the
city. No entry in such records shall be changed, erased, obliterated or defaced.
B.
Reports to Police Department. Every junk dealer, upon
being served with a written notice to do so by an officer of the Police Department
shall report to the Chief of Police, on blank forms to be furnished by the
Police Department, an accurate description of all goods, articles or things
purchased or received by him or her in the course of business as a junk dealer
at such time and during such period of time specified in the notice, stating
the amount paid for and the name, residence and general description of the
person from whom such goods, articles or things were received.
C.
Lost or stolen goods. If any goods, articles or things
whatsoever shall be advertised in any newspaper having general circulation
in the city as having been lost or stolen, and the same, or any answering
the description advertised or any part or portion thereof, shall be or come
into the possession of any junk dealer, he or she shall give information thereof
in writing to the Chief of Police, and state from whom the same was received.
Any junk dealer who shall have or receive 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 any police officer or other official of the city.
D.
Inspections. All junkyards and junk shops shall be open
for inspection by the Police Department at all reasonable times.
E.
Seven days to elapse between purchase and sale. No junk
in the possession of a junk dealer shall be disposed of for a period of seven
days from its date of purchase.
A.
Prohibited purchases or sales. No junk dealer shall purchase
any goods, articles or things whatsoever from any minor, knowing or having
reason to believe the seller to be such, nor from any person between the hours
of 7:00 p.m. and 7:00 a.m.
B.
Acting as pawnbroker or secondhand dealer. No one licensed
as a junk dealer shall be licensed as a pawnbroker or dealer in secondhand
articles in the city.
Any license issued pursuant to this chapter may be suspended or revoked pursuant to § 173-8 of this chapter.
Each violation of this chapter, either by the junk dealer, the agent
or servant thereof, and each false statement made in or on any statement or
tag as herein required shall be a misdemeanor and the person convicted shall,
in addition to other penalties imposed, forfeit his or her license to do business.
