[Code 1971, § 16-16]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
JUNK MERCHANT
Every person, as principal, agent, or employee, who shall carry on the business of buying, selling, or storing any of the articles enumerated in section 13-161 at an established place of business.
JUNK PEDDLER
Every person, as principal, agent, or employee, who shall go, with or without vehicle, from house to house or place to place, buying, offering to buy, collecting, or gathering any of the articles enumerated in section 13-161.
[Code 1971, § 16-20]
It shall be unlawful for any junk merchant or peddler licensed under this article to purchase any item enumerated in section 13-161 from any person under the age of 18 years, apprentice, or servant, knowing or having reason to believe the seller to be such, or from any person between sunset and 7:00 a.m.
[Code 1971, § 16-21]
It shall be unlawful for any person licensed under the provisions of this article to, during the continuance of such license, use, exercise, or carry on the business or trade of a pawnbroker or dealer in secondhand articles, or for any pawnbroker or dealer in secondhand articles to receive a license under the provisions of this article.
[Code 1971, § 16-22]
Every junk merchant licensed under this article shall keep, in such form as the Chief of Police or City Clerk 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; the name of the employer of such person; the day of such purchase; and the price paid. The record shall at all reasonable times be open to the inspection of any police officer, the Mayor, Chief of Police, any magistrate, or any person duly authorized in writing for such purpose by the Chief of Police or any magistrate, who shall exhibit such authorization to the junk merchant, his agent, or employee. No entry in such records shall be changed, erased, obliterated, or defaced.
[Code 1971, § 16-23]
Every junk merchant licensed under this article, upon being served with a written notice so to do by a member 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 in the course of business as a junk merchant, 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.
[Code 1971, § 16-24]
If any goods, articles, or things whatsoever shall be advertised in any newspaper printed in the City as having been lost or stolen, and the goods, articles, or things, or any articles answering the description advertised, or any part or portion thereof, shall be or come into the possession of any junk merchant or peddler licensed under this article, he shall give information thereof, in writing, to the Chief of Police and state from whom the items were received. Any junk merchant or peddler 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 them on demand to any police officer, the Mayor, Chief of Police, or any magistrate, or any person duly authorized in writing for such purpose by the Chief of Police or any magistrate, who shall exhibit such authorization to such merchant or peddler.
[Code 1971, § 16-30]
It shall be unlawful for any person, within the limits of the City, to engage in or carry on the business of collecting, buying, selling, or otherwise dealing in rags, old rope, bottles, bones, tin ware, rubber, bagging, or any other article or thing, except old metal, as defined in General Business Law Art. 6 [§ 60 et seq.], which from its worn condition renders it useless for the purpose for which it was made, whether at a fixed place of business or as an itinerant peddler, without first having obtained and paid for a license as provided in this division.
[Code 1971, § 16-31]
Any person desiring to procure the license required by this division shall file with the City Clerk a written application upon a blank form prepared and furnished by the City. Such application shall contain the name and residence of the applicant, if an individual, partnership or firm, or the names of the principal officers and their residences if the applicant is an association or corporation. Such application shall also describe in detail the character of the business in which he desires to engage and the kind of materials he desires to collect, buy, sell, or otherwise deal in. It shall also state the following:
(1) 
Whether the applicant is licensed to sell old metal in accordance with General Business Law art. 6 [§ 60 et seq.).
(2) 
The length of time such applicant, if an individual, or the manager or person in charge if the applicant is a firm, partnership, corporation or association, has resided in the City; his place of previous employment; whether married or single; whether he has been convicted of a felony or misdemeanor and, if so, for what offense, when, and in what court.
(3) 
The premises where such business is to be located or carried on, giving street and number.
(4) 
Such other information that may be required by the Mayor. Such application shall be signed and acknowledged before a notary public or other officer authorized to administer oaths in the City.
[Code 1971, § 16-32]
The application for a license under this division shall be accompanied by a bond payable to the City, approved as to form by the City Attorney, in the penal sum of $250 for a junk merchant and $250 for a junk peddler, with sufficient collateral security, conditioned for the due observance during the term of the license of any and all ordinances which are now in force or may hereafter be adopted by the Common Council respecting the collection of, buying, selling, or otherwise dealing in the articles enumerated in section 13-161.
[Code 1971, § 16-33]
(a) 
Every junk merchant prior to the issuance of a license under this division shall pay an annual license fee in the amount now or hereafter established by ordinance for each established place of business.
(b) 
Every junk peddler prior to issuance of a license under this division shall pay an annual fee in the amount now or hereafter established by ordinance.
[Code 1971, § 16-34]
(a) 
Upon the filing of the application and the bond, as provided in this division, the Mayor may, upon his approval of such application after investigation, and of such bond as to sufficiency of the surety or collateral security, and after payment to the City of the license fee provided in this division, issue to the applicant a license to engage in business as provided in section 13-161.
(b) 
No license shall be refused except for a specific reason and for the protection of the public safety, good order, or morals.
(c) 
No license as a junk merchant or peddler under this division shall be granted to any person who shall have been convicted within two years of the date of application of a violation of this article, or, if an association or corporation, of which a member shall have been so convicted.
(d) 
No such license shall be granted to any person who has, within five years of the date of application, been convicted of a felony for knowingly receiving stolen goods, or to any association or copartnership of which any member has been so convicted.
[Code 1971, § 16-35]
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
[Code 1971, § 16-36]
(a) 
All licenses issued under this division shall be numbered in the order in which they are issued and shall state clearly the date of issuance and expiration of the license and the name and address of the licensee.
(b) 
Every license which shall be granted in pursuance of this division shall designate the location of the place of business in or from which the junk merchant or peddler receiving such license shall be authorized to carry on such business.
[Code 1971, § 16-37]
All licenses shall be issued under this division as of January 2 and shall continue in force until December 31 next succeeding the date of issuance thereof, unless sooner revoked by the Mayor.
[Code 1971, § 16-38]
It shall be unlawful for any junk merchant to engage in business as a junk peddler under this division without paying a separate license therefor.
[Code 1971, § 16-39]
No junk peddler's license issued under this division shall give authority for more than one person to buy, offer to buy, or collect under it.
[Code 1971, § 16-40]
Each junk merchant or peddler, while exercising his license under this division, shall carry his license and exhibit such license whenever requested so to do by a police officer of the City.
[Code 1971, § 16-17]
The City shall supply badges and vehicle plates to licensed junk peddlers under this division. Such badges and plates shall not be transferable. On the expiration of the license, the licensee shall surrender his badge to the City Clerk. It shall be unlawful for any person to wear or have in his possession such badge, unless he is the licensed junk peddler in whose name the license is issued. Each licensee shall, while exercising his license, wear on the front of his outermost garment the badge so provided. Such badge shall state the character and number of the license and the date when it expires. The vehicle plates shall be displayed by every licensee operating a vehicle, one on each side of the body of the vehicle used by him in the exercise of his license. Such vehicle plates shall state the character and number of the license and the date of expiration.
[Code 1971, § 16-18]
The vehicle kept or used by a junk peddler in the exercise of his license under this division shall be marked on both sides with the number corresponding to the number of his license, in plain figures at least two inches in length.
[Code 1971, § 16-19]
Every licensed junk merchant under this division shall have and keep a sign on the outside and in front of each of his places of business, on which shall be plainly set forth in conspicuous letters his name, licensed business, and the number corresponding to the number of his license.
[Code 1971, § 16-41]
No license issued under this division shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this section.
[Code 1971, § 16-42]
Whenever a license issued under this division shall be lost or destroyed without fault on the part of the holder or his agent or employees, a duplicate license in lieu thereof under the original application and bond may be issued by the Mayor in his discretion.
[Code 1971, § 16-43]
In case any licensee under this division shall remove his place of business from the place designated in the license, he shall immediately thereon give notice to the City Clerk and have the same endorsed upon such license.
[Code 1971, § 16-44]
It shall be unlawful for any junk merchant or peddler licensed under this division to carry on the business at or from any other place than the one designated in the license therefor.
[Code 1971, § 16-45]
It shall be unlawful for any junk merchant or peddler licensed under this division to continue to carry on business after such license has been revoked or has expired.
[Code 1971, § 16-46]
(a) 
The Mayor may, at any time, for such cause as he, upon investigation, deems sufficient, revoke any license granted under the provisions of this division. Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made and no license shall be granted to any person whose license has been so revoked within a period of one year from the date of such revocation. Notice of such revocation and the reason therefor, in writing, shall be served by the Chief of Police upon the person named in the application by mailing such notice to the address given in the application. A copy thereof shall be filed with the City Clerk.
(b) 
For any violation of this division, in addition to the penalty imposed by section 1-8, the license of the person violating such division shall be cancelled or revoked, and the bond upon such license shall be forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the City, and the amount thereof may be recovered in a civil action based upon such forfeiture.