[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.]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[Added 3-12-1991 by L.L. No. 1-1991; amended 3-7-2023 by L.L. No. 4-2023]
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.
Any person found by the Bureau of Administrative Adjudication to have
violated any provision of this chapter is likewise subject to a monetary
penalty within the range of fines authorized in this section.
