State Law Reference:
Junk dealers, General Business Law, § 60 et seq.;
licensing of automobile junkyards, General Business Law, § 136;
fencing along state highways, Highway Law, § 89.
[Ord. No. 3, § 2, 3-30-1931]
For the purposes of this chapter, the following definitions
shall apply:
Every person, as principal, agent or employee, who shall carry on the business of buying, selling or storing any of the articles enumerated in § 13-17, at an established place of business, shall be deemed to be a "junk merchant."
Every person, as principal, agent or employee, who shall go, with or without a vehicle, from house to house or place to place, buying, offering to buy, collecting or gathering any of the articles enumerated in § 13-17, shall be deemed to be a "junk peddler."
[Ord. No. 3, § 6, 3-30-1931]
(a)
The vehicle kept or used by a junk peddler in the exercise of his
license under this chapter shall be marked on both sides with his
name, the street and number of his place of business and the number
of his license in plain letters and figures at least two inches in
height and of such color as to be plainly read at a distance of at
least 10 feet.
(b)
Every licensed junk merchant under this chapter shall have and keep
a sign on the outside and in front of each of his or its place of
business on which shall be plainly set forth in conspicuous letters
his or its name, licensed business and the number of his or its license.
[Ord. No. 3, § 7, 3-30-1931]
(a)
No junk merchant or peddler licensed under this chapter shall purchase any article enumerated in § 13-17 from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, nor from any person between sunset and 7:00 a.m.
(b)
No person, persons, partnerships, firm, association or corporation
licensed under the provisions of this chapter shall, during the continuance
of such license, use, exercise or carry on the business or trade of
a pawnbroker or dealer in secondhand articles, nor shall any pawnbroker
or dealer in secondhand articles receive a license under the provisions
of this chapter.
[Ord. No. 3, § 9, 3-30-1931]
(a)
Every junk merchant shall keep, in such form as the Chief of Police
may prescribe, 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 of such person, also the day and hour of such purchase and
the price paid.
(b)
The records shall at all reasonable times be open to the inspection
of any police officer, 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.
(c)
No entry in such record shall be changed, erased, obliterated or
defaced.
[Ord. No. 3, § 10, 3-30-1931]
(a)
If any goods, articles or things whatsoever shall be advertised in
any newspaper published in the Village 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 possession of any junk merchant
or peddler, he shall give information thereof, in writing, to the
Chief of Police and state from whom the same was received.
(b)
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 the same on demand to any police officer
or any magistrate or any person duly authorized in writing by the
Chief of Police or any magistrate, who shall exhibit such authorization
to such dealer or peddler.
[Ord. No. 3, § 11, 3-30-1931]
Any person, persons, firm, association, partnership or corporation who himself or itself or by his or its clerk, agent or employee shall conduct the business of a junk merchant or peddler as herein defined without the license required by this chapter, or who shall violate any of the provisions of this chapter, or who, having had his, its or their license revoked, shall continue as a junk merchant or peddler shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and, in addition, such violation shall constitute disorderly conduct and the person guilty of such violation shall be a disorderly person.
[Ord. No. 3, § 1, 3-30-1931]
No person shall 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 Article 6 of the General Business Law of the State
of New York) 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 Article.
[Ord. No. 3, § 3, 3-30-1931]
(a)
Any person desiring to procure a license as provided in this Article,
shall file with the Village Clerk a written application upon a blank
form prepared and furnished by the Village. Such application shall
contain the following information:
(1)
The name and residence of such applicant or applicants if an
individual, firm or partnership or of the principal officers and managers
or person in charge if the applicant is a firm, partnership, corporation
or association; their places of previous employment; whether married
or single; whether he or they or any of them have been convicted of
a felony or misdemeanor and, if so, what offense, when and in what
court.
(2)
A detailed description of the character of the business in which
it is desired to engage and the kind of materials it is desired to
collect, buy, sell or otherwise deal in and such other information
as may be required by the Village Board.
(3)
The premises where such business is to be located or carried
on, giving street and number.
(4)
Whether the applicant or applicants or manager has, either alone or with someone else, previously been a junk merchant or peddler as defined in § 13-1.
(5)
Whether the applicant is licensed to sell old metal in accordance
with Article 6 of the General Business Law of the State of New York.
(b)
Such application shall be signed and acknowledged before a notary
public or other officer authorized to administer oaths in the Village.
(c)
Such application shall be accompanied by a bond to the Village, approved as to form by the Village Attorney, in the penal sum of $250 for a junk merchant and $500 for a junk peddler, with a sufficient surety or sureties or 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 Board of Trustees of the Village respecting the collection, buying, selling or otherwise dealing in articles enumerated in § 13-17.
[Ord. No. 3, § 7, 3-30-1931]
No license as a junk merchant or peddler under this Article
shall be granted to any person, persons, association, copartnership
or corporation who or which shall have been convicted within five
years of the date of the application of a violation of this chapter
or association, copartnership of which a member or members shall have
been so convicted; or any person who has within five years of the
date of the application been convicted of a felony or knowingly receiving
stolen goods; or any association, copartnership or corporation of
which any member or members has been so convicted of a felony or knowingly
receiving stolen goods.
[Ord. No. 3, § 4, 3-30-1931]
(a)
Upon the filing of the application and bond as provided in § 13-19, the Village Clerk may, upon his approval of such application after investigation of such bond as to sufficiency of surety or sureties or collateral security and the payment to the Village of the license fee provided in this Article, issue to the applicant a license to engage in business as provided in § 13-17.
(b)
No license shall be refused except for a specific reason and for
the protection of the public safety, good order or morals.
(c)
All licenses shall be numbered in the order in which they are issued
and shall state clearly the location of the junk business, the date
of issuance and expiration of the license and the name and address
of the licensee.
(d)
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 the reason for
such rejection no longer exists.
[Ord. No. 3, § 5, 3-30-1931]
(b)
All licenses shall be issued as of January 1 and shall continue in
force until the next succeeding date of issuance thereof, unless sooner
revoked by the Village Clerk.
(c)
No junk merchant shall engage in business as a junk peddler without
obtaining a separate license therefor.
(d)
No junk peddler's license shall give authority for more than
one person to buy, offer to buy or collect under it.
(e)
Each junk merchant or peddler while exercising his license shall
carry it and exhibit the same whenever requested to do so by any official
or police officer of the Village.
(f)
No license shall be used by any person other than the original licensee,
and any licensee 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.
(g)
Whenever a license shall be lost or destroyed without fault on the
part of the holder or his agent or employee, a duplicate license in
lieu thereof (under the original application and bond) may be issued
by the Village Clerk, in his discretion.
[Ord. No. 3, § 8, 3-30-1931]
(a)
The Village Clerk may at any time, for such cause as he upon investigation
deems sufficient, revoke any license granted under the provisions
of this Article.
(b)
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, firm, partnership, association or corporation whose license
has been so revoked within a period of two years from the date of
such revocation.
(c)
Notice of such revocation and the reason or reasons therefor in writing
shall be served by the Village Clerk upon the person, firm, partnership,
association or corporation named in the application by mailing the
same to the address given in the application.
