[HISTORY: Comes from Ord. No. 32 adopted 12-11-1951, effective 1-1-1952; repealing ordinance adopted 12-23-1941, effective 1-8-1942.]
GENERAL REFERENCES
Peddlers, solicitors and canvassers — See Ch. 118.
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.
A. 
Upon receipt of such application, one copy shall be referred to the Nassau County Police Department for such investigation of the applicant to be made as it deems necessary for the protection of the public good.
B. 
If such investigation should prove the applicant to have a police record, the Police Department shall attach to such application a copy of the applicant's police record and shall return the application to the Town Clerk.
C. 
If as a result of such investigation of the applicant no police record is found, the Police Department shall attach to such application a statement that it has no record of the applicant, and shall return said application to the Town Clerk. Upon the return of such application and approval by the Town Clerk and the payment of the prescribed license fee by the applicant, the Town Clerk shall prepare and deliver to the applicant his license and tag. Such license shall contain the seal of the Town and the signature of the issuing officer, and shall show the name, address and photograph of the licensee, the class of license issued, the fee paid, the license number, the date of issuance and the date of expiration of such license, as well as the state license number or other identifying description of vehicle, if for a vehicular license.
D. 
The Town Clerk shall keep a record of all licenses issued.
A. 
For each person proposing to collect materials under this chapter, whether on foot or from a licensed vehicle, $5.
B. 
For each commercial or suburban vehicle not exceeding a weight of 8,000 pounds, $25.
C. 
For each 2,000 additional pounds or fraction thereof for commercial or suburban vehicle exceeding the weight prescribed in § 111-4B above, $100.
D. 
The annual fees herein provided for shall be assessed on a calendar year basis and all licenses shall expire on the 31st day of December immediately following the date of issuance. There shall be no reduction in fees for fractional parts of the year.
A. 
To each person licensed under this chapter, the Town Clerk shall issue a metal or plastic badge which shall bear the words "Junk Dealer," the number of the license and the expiration date of the license, in figures plainly discernible. Such badge shall be worn constantly by the licensee on his outer garment, in such a way as to be conspicuous during such time as said licensee is plying his trade.
B. 
For each vehicle licensed under this chapter, the Town Clerk shall issue a metal or plastic license plate which shall bear the words "Licensed Junk Dealer," the number of the license and the calendar year for which such license is issued, in figures plainly discernible. Said license plate shall be attached to the rear of each vehicle in a conspicuous place and shall be kept clear and readable at all times.
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.
A. 
It shall be unlawful for any person to enter upon private property for the purpose of collecting or soliciting the collection of junk before the hour of 9:00 a.m. of any day or after 1/2 hour before sunset of any day or after the hour of 5:00 p.m. of any day except upon the invitation of the householder or occupant.
B. 
It shall be unlawful for any junk dealer in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents," "No Junk Dealers," or other wording, the purpose of which purports to prohibit solicitation on the premises.
C. 
No licensee shall collect or purchase any junk, secondhand or waste material or articles of any kind from any person who is actually or apparently under the age of 21 years.
D. 
It shall be unlawful for any junk dealer to examine, remove or dispose of any waste materials placed for collection upon any part of the public highway or sidewalk area by the residents or occupants of adjacent property.
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.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Town Clerk of the Town of Hempstead after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as a junk dealer.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of junk dealer in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
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.
[1]
Editor's Note: Amended 2-20-1968, effective 3-18-1968.