[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.
