[HISTORY: Adopted by the Common Council of the City of Oswego 5-12-1980 as Ch. 65 of the 1980 Code. Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings indicated:
- Includes old metal, old rope, old rubber, rags, old iron, brass, copper, lead, zinc, old worn-out motor vehicles or any other article or thing which, from worn condition, is rendered useless for the purpose for which made.
- JUNK DEALER
- Includes a person who maintains, operates or controls a junkyard or so-called automobile graveyard, or who buys and sells old metal, or who buys and sells junk or deals in junk or who handles, keeps or stores junk in a junkyard.
- Includes any building, structure or shed, or lot, yard or open space where junk is bought or sold, dealt in, handled, cut, melted or kept or stored; and also so-called automotive graveyards or graveyard.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
No person shall, within the corporate limits of the City of Oswego, except as hereinafter provided, buy and sell old metal or junk or maintain or operate a junkyard or carry on or conduct the business of junk dealer or buy or sell or deal in junk or keep or store junk in a junkyard or represent or hold himself out to be a junk dealer without first having obtained a license so to do and the required official junk badge or badges, nor thereafter continue to buy and sell old metal or junk or maintain or operate a junkyard or buy, sell or deal in junk or keep or store junk in a junkyard or represent or hold himself out to be a junk dealer after his license has been revoked, canceled or suspended or has expired; provided, however, that any junk dealer who holds a junk license duly issued by the Mayor of a city, Mayor of a village or Supervisor of a town in which the principal place of business of such person is located may, after exhibiting his said license to the Chief of Police of the City of Oswego and filing a copy thereof with said Chief, buy and sell old metal or junk within the corporate limits of the City of Oswego without a license issued by the Mayor of said city; but no such junk dealer shall hold himself out to be a junk dealer duly licensed by the City of Oswego, nor shall such licensed junk dealer maintain, operate or control a junkyard in the City of Oswego or buy or sell junk thereat or handle, keep or store junk therein and thereon without having obtained from the Mayor of said City of Oswego a license so to do as provided by this chapter.
No person shall be entitled to nor receive a junk license from the City of Oswego who, since January 1, 1903, has been or who shall hereafter be convicted of larceny or knowingly receiving stolen property or a violation of any of the provisions of this chapter. The aforesaid provision shall apply with equal force and effect to a corporation when an officer or director thereof has been convicted of larceny or knowingly receiving stolen property or a violation of any of the provisions of this chapter, and also where a principal and controlling stockholder or the principal and controlling stockholders thereof has or have been convicted of larceny or knowingly receiving stolen property or a violation of any of the provisions of this chapter.
The Mayor shall have the power and authority and is hereby duly authorized to issue a junk license to a person who may apply therefor, and whose principal place of business is located in the City of Oswego, authorizing such person to buy old metal pursuant to the provisions of Article VI of the General Business Law; provided, however, that if such person intends or proposes to maintain, operate or control a junkyard in the City of Oswego or to buy and sell junk thereat or handle, keep or store junk therein and thereon, then a license so to do and for such purpose or purposes shall not be issued until the application therefor shall have been duly submitted to the Common Council for its approval.
All applications for a junk license shall be in writing duly signed and verified by the applicant or applicants. They shall be filed with the City Clerk, and a copy thereof shall at the same time be filed with the Chief of Police. They shall set forth the following information:
The full name or names and address or addresses of the person or persons applying for such license.
The principal place of business of the applicant or applicants.
If the applicant is a corporation, the full name thereof, when and where incorporated, its principal place of business and the name and address of each officer, director and stockholder thereof.
Whether applicant proposes to maintain, operate or control a junkyard in the City of Oswego, and if so, the street number and an adequate description of the real property to be used as a junkyard and the name and address of the fee owner thereof.
Whether the applicant has been convicted of a crime or misdemeanor or a violation of this chapter or any other law relating to and dealing with junk dealers, together with any statement explanatory thereof that the applicant may wish to make.
If applicant is a corporation, the same information respecting each officer, director and stockholder thereof.
Whether a junk license has ever been denied or refused applicant by any municipal, state or other legal authority.
Whether a junk license issued to applicant has ever been revoked, canceled or suspended.
Whether applicant holds a junk license issued by the Mayor of another city, the Mayor of a village or the Supervisor of a town or other person duly authorized by law to issue a junk license; and if so, the name of such city, village or town and date of issuance of such license.
Other information as the Common Council or the Mayor may deem proper and necessary.
If an applicant proposes and intends to maintain, operate or control a junkyard and buy and sell junk thereat and handle, deal in, keep and store junk therein and thereon and is not the fee owner of the real property to be devoted to such uses and purposes, then the written consent of the fee owner, duly acknowledged, granting permission to the applicant to use such real property for such purposes, must accompany the application and be filed with the City Clerk.
After June 1, 1967, no additional licenses to maintain, operate or control a junkyard in the City of Oswego shall be issued to any person, with the exception that a person already holding a license to maintain a junkyard in the City of Oswego may be given permission to move said yard to a new location, said location to be approved by the Common Council of the City of Oswego; said removal to be only with the express agreement that the yard presently maintained by this applicant will be discontinued upon the opening of a licensed junkyard at the new location; and the size of the junkyard to be shown by a diagram on the license and said size not to be expanded from that originally granted. All licenses are not transferable unless with Council permission.
[Amended 10-28-1996 by L.L. No. 4-1996]
All licenses shall be in writing, signed by the Mayor and City Clerk, with the seal of the city affixed thereto. The fee for the license shall be $100. No license shall be issued for a longer term that one year, and all licenses shall expire upon the 30th day of June next after the date thereof. Where the expiration date of a license falls within a period of six months or less from the date of issue, the license fee for such term license shall be 1/2 of the above-specified license fee. The place of business of the licensee and the licensed premises shall be set forth in the license, and such license shall not be valid for use at a different location except by consent of the Common Council. When a license has been duly authorized and issued, it shall be delivered to the licensee by the City Clerk, who shall also at the same time deliver to the licensee the official number of junk badges required. The junk badges so to be issued shall be of metal, of a size and shape to be determined by the City Clerk, with the following inscription thereon: "Junk Dealer," the year, date and number of the license. No person shall solicit for or buy any junk without at the time displaying upon the outside of his coat his junk badge. Upon the revoking or expiration of any license, a person having a junk badge or badges shall forthwith surrender the same to the City Clerk. The Mayor shall have the power to revoke or suspend at any time a junk license upon request of the Chief of Police or, in the absence, sickness or inability of Chief of Police, upon the request of the Captain of Police or Lieutenant of Police when in command of Bureau of Police.
All junkyards shall be located not less than 10 feet back from the street property line and shall be entirely surrounded by a wooden fence, constructed not less than 10 feet back from the street property line, eight feet in height above the level of the sidewalk level, or by a fence of similar opaque material; provided, however, that in lieu of the foregoing required fence, the Common Council, for good cause shown, may, by a majority vote of all the Councilors, authorize the fencing of a junkyard with a proper and adequate wire cyclone fence or its approved equal constructed not less than six feet nor more than eight feet in height above the level of the sidewalk level; and provided further that the farmlands and area or territory of the City of Oswego situate, lying and being enclosed within and bounded by the following described boundaries shall not be subject to the foregoing provisions requiring fencing, viz., beginning at a point in the center line of East Fourteenth Street, East Oswego, as plotted on the maps of the City of Oswego, said point being 300 feet southerly from the south line of the State Road (also known as the Oneida Street Road), running thence easterly parallel to the south line of said State Road and 300 feet south of the same to the center line of the east city line road; thence southwesterly along said center line of said east city line road to a point 300 feet northeast of the north line of the Hall Road; thence northwesterly parallel to said north line of said Hall Road and 300 feet northerly from the same to a point in said center line of said Fourteenth Street as plotted, and thence northerly on said center line of said Fourteenth Street to the point of beginning.
[Amended 5-23-2011 by L.L. No. 2-2011]
The licensee of a junkyard shall affix thereto and at all times maintain in a conspicuous place a suitable sign, which can be observed and read from the street or highway, on which shall be inscribed the following: "Licensed Junkyard," together with the full and true name of the licensee and his license number. Every person engaged in the prosecution of the junk business in the City of Oswego or soliciting the sale and purchase of junk therein or buying and selling junk therein shall have displayed upon each side of any cart, wagon or motor vehicle used by him in said junk business, in letters not less than three inches in height, his full and true name and the number of his license or junk badge.
No junk dealer shall receive or hold a license as a pawnbroker, nor receive any article as a pledge or pawn.
No person or junk dealer shall purchase or receive junk from a minor, nor from any person after sunset or before 8:00 a.m., nor on Sundays or holidays (or Saturdays after 12:00 noon).
Whenever any junk dealer or an agent or servant thereof shall purchase in the City of Oswego any pig or pigs of metal, bronze or brass castings or parts thereof, sprues or gates or parts thereof, copper wire or brass car journals, such junk dealer shall cause to be subscribed by the person for whom purchased a statement as to when, where and from whom he obtained such property, as well as his age, residence, with street and number thereof, if any, and otherwise such description as will reasonably locate the same, his occupation, name of employer and place of employment or business, which statement said junk dealer shall forthwith file in the office of the Chief of Police of the City of Oswego.
Every junk dealer shall, on purchasing any of the property described in the last preceding section, place and keep each separate purchase in a separate and distinct pile, bundle or package in the usual place of business of such junk dealer with a tag placed thereon or attached thereto bearing the name and residence of the person from whom purchased, with the date, hour and place of purchase and weight thereof. Such junk dealer shall not until the expiration of five days from the date of such purchase and the filing with said Chief of the statement required by the last preceding section remove, melt, cut, deface or destroy any piece or article thereof, nor, when commanded or requested by said Chief within said period of five days, shall such junk dealer remove, melt, cut, deface or destroy any piece or article thereof until such command or request is canceled or revoked and such piece or pieces, article or articles are released to the free and unrestricted control and ownership of such junk dealer.
All persons and junk dealers and their agents and servants shall at all times, at any hour of the day or night, without a warrant or other authority, permit entrance to and inspection of their junkyards situate in the City of Oswego and the junk therein kept or stored, including any buildings, structures or sheds located thereon and therein, by any police officer of the Oswego Police Department, any fireman of the Oswego Fire Department or any other officer, agent or employee of the City of Oswego who the Common Council or the Mayor may authorize, in writing, to so enter and inspect a junkyard or junkyards.
All persons and junk dealers and their agents and servants shall at all times permit any police officer of the City of Oswego to inspect and examine the contents of any cart, wagon or motor vehicle used by them in the junk business and for the transportation of junk; and upon request by any police officer shall promptly exhibit any such cart, wagon or motor vehicle and its contents at the police station for the purpose of inspection and examination thereof by the Chief of Police or other officer in charge thereof.
Any person, junk dealer or agent or servant thereof who violates any of the provisions of this chapter or who makes any false statement in the application for a license hereinbefore required or in or on any statement or tag hereinbefore mentioned shall, upon conviction thereof, be subject to a fine of not less than $5 nor more than $100, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment, and the forfeiture of his junk license.