[HISTORY: Adopted by the Council of the City of New Rochelle as Secs.
6-12 through 6-12.10 of the 1965 General Ordinances. Sections 181-1, 181-3
and 181-4 amended and §§ 181-2, 181-5 and 181-15 added at time
of adoption of Code; see Ch. 1, General Provisions. Other amendments noted
where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch.
96.
Licenses generally — See Ch.
188.
Pawnbrokers — See Ch.
227.
Peddling and soliciting — See Ch.
235.
Secondhand articles and vehicles — See Ch.
264.
Transient merchants — See Ch.
298.
Abandoned vehicles — See Ch.
309.
As used in this chapter, the following terms shall have the meanings
indicated:
JUNK DEALER
Any person engaged in the purchase or sale of junk, old rope, old
iron, brass, copper, rubber, paper, bagging, tin, lead, rags, slush or empty
bottles.
JUNK SHOP
The place of business of a junk dealer.
JUNK VEHICLE
Any vehicle in the streets or any vessel in the waters of the City
used by a junk dealer in the course of his business.
All applications for licenses for junk dealers shall be made to the
City Clerk in such form and detail as may be prescribed.
Before said license shall be issued, the application
shall be approved in writing by the Commissioner of Police, the Fire Chief
and the Building Official.
Every junk dealer shall pay license fees as set forth in Chapter
133, Fees.
All licenses shall be issued for the period of one year, said period
starting on July 1 and terminating on June 30 of the following year.
Every junk vehicle or vessel shall show on each side thereof the words
"junk vehicle" or "junk vessel," together with the license number and the
name and address of the owner thereof in plain letters and figures at least
three inches in height.
A. Place and manner of conduct of business. No junk dealer
shall maintain a junk shop or carry on his business at any place other than
the one designated in the license therefor. No junk dealer shall break iron
or other metals on Sunday or before 8:00 a.m., or after 6:00 p.m. on other
days of the week, or otherwise at any time to conduct his business so as to
make unusual or improper noises tending to disturb the peace and quiet of
the neighborhood. No junk dealer shall store or accumulate junk except in
a house, shop, shed or other building, and except, further, that he may temporarily
accumulate junk not to exceed a period of 60 days in a yard adjoining his
place of business, provided that said junk is at all times properly covered
by a temporary shed or tarpaulin, or otherwise.
B. Conviction of crime. No applicant shall be entitled to
or shall receive such license, who or which, and in the case of a partnership,
corporation or association, any member or stockholder of which, has been convicted
of larceny or knowingly receiving stolen property.
C. Purchase. No junk dealer shall purchase any goods, article
or thing whatsoever from any minor or servant knowing, or having reason to
believe, the seller to be such, nor from any person, between the setting of
the sun and 7:00 a.m.
D. Other business. No junk dealer shall be licensed as a
pawnbroker or dealer in secondhand articles in the City.
No license shall be issued unless the applicant shall first file a bond
in the penal sum of $250, executed by the applicant and at least two sufficient
sureties who shall be residents and freeholders of the City, or of a surety
company to be approved by the Mayor, conditioned upon the faithful performance
of the applicant of the provisions of this chapter and all state laws pertaining
to junk dealers.
Every junk dealer shall keep a book in which shall be legibly written,
at the time of every purchase, a description of every article so purchased,
the name, residence and general description of the person from whom such purchase
was made, the day and hour of such purchase; when the purchase consists of
articles from a scow, coal-boat, lighter, tug or other vessel, the name of
such scow, coal-boat, lighter, tug or other vessel, and the name and residence
of the owner thereof. The book shall be open at all reasonable times to the
inspection of any police officer, the Mayor or any person duly authorized,
in writing, for such purpose, by the Mayor, who shall exhibit such authorization
to the dealer.
Every junk dealer, upon being served with a written notice to do so
by a member of the Police Department, shall report to the Commissioner of
Police on a blank form to be furnished by the Police Department, an accurate
description of all goods, articles or things purchased or received in the
course of business of the junk dealer during the days specified in such notice,
stating the amount paid for, and the name, residence and general description
of the person from whom such goods, articles or things were received.
If any such goods, articles or things whatsoever shall be advertised,
in any newspaper printed in the City, as having been lost or stolen, and the
same or any answering to the description advertised, or any part or portion
thereof shall be or come in the possession of any junk dealer, he shall give
information thereof, in writing, to the Commissioner of Police, and state
from whom the same was received.
No junk dealer, his agent, servant or employee shall alter, deface or
take apart any article or thing which shall be purchased in his business within
the period of 10 days from the time of such purchase, and the same shall be
sold or offered for sale in the same form, state and condition, if sold within
10 days from the date of purchase thereof, in which it was first received
by said dealer.
Every junk dealer, his agent, servant or employee shall, on demand made
by the Mayor or any police officer or other person so authorized, exhibit
to said person any article or thing in his possession.
Every person while using a licensed junk vehicle shall wear conspicuously
on the right breast of the outer coat a metal badge of the shape, size and
style prescribed by the Mayor, having engraved or embossed thereon the official
designation and number of the license, together with the words "City of New
Rochelle."
An offense against the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than 15 days,
or both.