[HISTORY: Adopted by the Council of the City of Rye 2-4-1942 as Art.
5 of Ch. 3 of the General Ordinances. Amendments noted where applicable.]
Every person who, as principal, agent or employee, 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 the following
section, shall be deemed to be a junk peddler. Every person who, as principal,
agent or employee, shall carry on the business of buying, selling or storing
any of the articles enumerated in the following section, at an established
place of business, shall be deemed to be a junk merchant or dealer.
No person shall engage in or carry on the business of collecting, buying,
selling or otherwise dealing in rags, old rope, bottles, bones, tinware, 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, from which its worn
condition renders it useless for the purpose of which it was made, whether
at a fixed place of business or as an itinerant peddler, without first having
obtained a license from the Clerk.
An application for a license shall be accompanied by a bond to the city,
approved as to form and surety by the Corporation Counsel, in the penal sum
of $1,000, or collateral security satisfactory to the Corporation Counsel,
conditioned for the due observance during the term of the license of any and
all ordinances adopted by the city respecting the collection, buying, selling
or otherwise dealing in of articles enumerated in this chapter.
[Amended 12-20-2000 by L.L.
No. 12-2000]
Every junk merchant shall pay an annual license fee to be set annually
by resolution of the City Council before adoption of the budget for the following
year for each established place of business. Every junk peddler shall pay
an annual license fee to be set annually by resolution of the City Council
before adoption of the budget for the following year.
The vehicle used by a junk peddler in the exercise of his or her license
shall have his or her name and address plainly, distinctly and legibly painted
in letters and figures at least two inches in height in a conspicuous place
on the outside of the sides of such vehicle, and such name and address shall
be kept so painted plainly and distinctly at all times while such vehicle
is in use during the continuance of the license.
A.
No junk merchant or peddler shall carry on his business
at or from any other place than the one designated in the license therefor.
B.
No junk merchant or peddler shall purchase any article enumerated in § 113-2 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.
C.
No person 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.
D.
No junk merchant shall engage in business as a junk peddler
without paying a separate license fee therefor.
E.
No license as junk merchant or peddler shall be granted
to any person who shall have been convicted, within one year of the date of
application, of a violation of this chapter or of a felony.
Every junk merchant and peddler shall keep, in such form as the Chief
of Police may prescribe and written in ink or indelible pencil, a daily record
of all articles purchased, the name, residence, age and occupation of the
person from whom purchased, the day and hour of such purchase and the price
paid. The records shall at all reasonable times be open to the inspection
of any police officer, the Mayor, the City Judge or any person duly authorized
in writing for such purpose by the Chief of Police, Mayor or the City Judge,
who shall exhibit such authorization to the junk merchant or peddler, his
agent or employee. No entry in such records shall be changed, erased, obliterated
or defaced.
Every junk merchant or peddler, upon being served with a written notice
so to do, by a member of the Police Department, shall report to the Chief
of Police, on blank forms to be furnished by the Police Department, an accurate
description of all goods, articles or things purchased or received by him
in the course of business by a junk merchant or peddler at such time and during
such period of time specified in the notice, stating the amount paid for such
goods, articles or things and the name, residence and general description
of the person from whom such goods, articles or things were received.
If any goods, articles or things whatsoever shall be advertised in any
newspaper as having been lost or stolen and the same or any of them answering
the description advertised or any part or portion thereof shall be in or come
into the possession of any junk merchant or peddler, he shall give promptly
information thereof in writing to the Chief of Police and state from whom
the same were received. Any junk merchant or peddler who shall have or receive
any goods, articles or things stolen or alleged or supposed to have been lost
or stolen shall exhibit the same on demand to any police officer, the Mayor,
the City Judge or any person duly authorized in writing by the Chief of Police,
Mayor or City Judge, who shall exhibit such authorization to such merchant
or peddler.
