Town of Oyster Bay, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay as Ch. 14 of the 1971 Code. Section 139-5 amended and § 139-12 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 147.
Secondhand dealers — See Ch. 192.
Zoning — See Ch. 246.

§ 139-1 License required.

No person shall engage in or conduct business as a dealer in or collector of junk, metals or secondhand materials, or in the business commonly known as the "junk business," or in the collection, purchase, storage, sale or disposal of junk, metals or secondhand materials in the town, without first having obtained a license therefor as provided in this chapter.

§ 139-2 Issuance, revocation or suspension of license.

The issuance, suspension or revocation of a license required by this chapter shall be in accordance with the provisions of Chapter 147, Licenses and Permits.

§ 139-3 Application for license.

The application for a license required by this chapter shall contain such information and be accompanied by such documents as the Town Board may prescribe.

§ 139-4 Persons ineligible for license.

No license required by this chapter shall be granted to any person who has been convicted of a felony or misdemeanor or who is not a fit and desirable person and capable of properly conducting the business for which the license is required.

§ 139-5 Fees. [1]

The annual fee for a license required by this chapter is hereby fixed in the sum of $50, and for license plates, the additional sum of $2 each.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 139-6 Issuance of license and plates.

If the applicant for a license required by this chapter possesses the required qualifications, the Town Clerk shall, upon payment by the applicant of the license fee prescribed in this chapter, issue a license to the applicant, and with the license, a license plate for each vehicle or conveyance to be used by the licensee in connection with the business.

§ 139-7 Description of vehicles.

A description of each vehicle or conveyance shall be filed with the Town Clerk at the time of the issuance of the license plate therefor.

§ 139-8 Display of license.

A license issued pursuant to this chapter shall be placed and at all times displayed in a conspicuous place at the licensee's place of business, and a license plate issued pursuant to this chapter shall be at all times securely fastened and displayed in a conspicuous place upon the vehicle or conveyance for which it is issued.

§ 139-9 Compliance with other regulations.

Each license issued pursuant to this chapter shall be issued subject to compliance by the licensee with all the requirements of Article 6 of the General Business Law, §§ 165.40 through 165.65 of the Penal Law and all other statutes now existing or which may hereafter be enacted affecting such business or the conduct thereof; the license shall be subject, also, to compliance by the licensee with all rules, regulations or orders now existing or which may hereafter be made by the town respecting such business or the conduct thereof.

§ 139-10 Term of license; nontransferability.

A license issued pursuant to this chapter shall be effective from the date of its issuance until the last day of June next succeeding, unless sooner revoked, and shall not be transferable.

§ 139-11 Additional rules and regulations.

A. 
Each licensee under this chapter shall comply with the following requirements:
(1) 
No licensee shall collect or purchase any junk, metal or secondhand materials or articles of any kind from any person who is actually or apparently under the age of 21 years.
(2) 
Each licensee shall keep a book record of each article of junk, metal or secondhand materials purchased or collected by him, showing the time and place of collection or purchase and the name and address of the person from whom the articles were collected or purchased; and the licensee shall not dispose of any such article purchased or collected until the expiration of five days from the date of the purchase or collection.
(3) 
A licensee shall not collect or purchase junk, metals or secondhand materials from any person between the hours of 7:00 p.m. and 7:00 a.m.
(4) 
Each licensee shall permit his place of business, his record books and his vehicles or conveyance to be examined or inspected at any time by the police or by any representative of the Town Board.
B. 
Acceptance of a license issued pursuant to this chapter shall constitute an agreement by the licensee to comply with all requirements, orders, rules, regulations and statutes.

§ 139-12 Penalties of offenses. [1]

Offenses against this chapter are punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.