[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.
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his license has been revoked, canceled or suspended or has expired;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.
A.
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:
(1)
The full name or names and address or addresses of
the person or persons applying for such license.
(2)
The principal place of business of the applicant or
applicants.
(3)
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.
(4)
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.
(5)
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.
(6)
If applicant is a corporation, the same information
respecting each officer, director and stockholder thereof.
(7)
Whether a junk license has ever been denied or refused
applicant by any municipal, state or other legal authority.
(8)
Whether a junk license issued to applicant has ever
been revoked, canceled or suspended.
(10)
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.
(11)
Other information as the Common Council or the Mayor
may deem proper and necessary.
B.
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.
C.
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.
A.
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]
B.
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.
A.
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.
B.
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.
