It shall be unlawful for any person, association, partnership
or corporation to engage in or conduct business as an itinerant dealer
in or collector of junk, secondhand or waste materials in the Town
of Hempstead without having first obtained a valid license therefor
as provided herein.
Applicants for a license under this chapter must file with the
Town Clerk an application in the form of a sworn affidavit in duplicate
on a form to be supplied by the Town Clerk, which shall give the following
information:
A. Name and description of the applicant.
B. Address of applicant (local and legal).
C. A brief description of the nature of the business and the kind of
materials to be collected.
D. A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
E. Statement that the applicant is a citizen and whether citizenship
was obtained by birth or naturalization. If by naturalization, date
and place where obtained.
F. Two photographs of the applicant taken not more than 60 days prior
to the filing of the application, which pictures shall be two by two
inches showing the head and shoulders of the applicant in a clear
and distinguishing manner.
G. If employed, the name and address of such employer, together with
credentials establishing the exact relationship.
H. If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification.
I. If applicant is a company, name and address and title of officer
of company upon whom process or other legal notice may be served.
Every junk dealer licensed under this chapter shall have his
license in his immediate possession at all times when plying his trade,
and shall display the same upon demand of any person.
No license, license plate or badge issued under the provisions
of the chapter may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any person other than the one to whom
it was issued.
No junk dealer shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location,
nor shall be be permitted to operate in any congested area where his
operation might impede or inconvenience the public. For the purpose
of this chapter, the judgment of any police officer, exercised in
good faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
If the applicant for a junk dealer's license uses scales
or measures in his business, he shall file with his application for
a vehicle license a certificate issued by the Nassau County Sealer
of Weights and Measures that his scales or measures have been tested
and sealed.
Each person licensed under this chapter shall keep a book record
of each article of junk, secondhand or waste material purchased or
collected by him, showing the time, date and place of collection or
purchase and the name and address of the person from whom the same
was collected or purchased; such record must be kept on junk dealer's
vehicle and must be available for inspection by the Police Department
of the County of Nassau at all reasonable hours. No material so purchased
or collected may be disposed of until the expiration of five days
from the date of purchase or collection.
This chapter will not apply to religious, charitable or veteran
organizations.
It shall be the duty of any police officer of the County of
Nassau to require any person seen dealing in junk, secondhand or waste
materials and who is not known by such police officer to be duly licensed,
to produce his junk dealer's license and to enforce the provisions
of this chapter against any person found to be violating the same.
The Police Department shall report to the Town Clerk all convictions
for violation of this chapter and the Town Clerk shall record the
reports of such violations.
Any person aggrieved by the action of the Town Clerk in the denial of a license as provided in §
111-3 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license as provided in §
111-15 of the chapter, shall have the right to appeal to the Town Board of the Town of Hempstead. Such appeal shall be taken by filing within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
Any person or persons, association or corporation committing
an offense against this chapter, or any section or provision thereof,
is guilty of a violation punishable by a fine not exceeding $250 or
imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment.