[HISTORY: Adopted by the City Council of the City of Jamestown 4-5-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 65.
Fire prevention and building construction — See Ch. 140.
Garbage, rubbish and refuse — See Ch. 160.
Licenses and permits — See Ch. 175.
Minors — See Ch. 185.
Zoning — See Ch. 300.
[Amended 6-12-1982; 4-8-1985]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMBUSTIBLE MATERIAL
Material or a combination of materials which burns, ignites, supports combustion or liberates flammable vapor or gas.
HAZARDOUS CHEMICALS
Materials such as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases.
HAZARDOUS MATERIALS
Materials which are highly flammable or which may react to cause fires or explosions or which by their presence create or augment a fire or explosion hazard or which because of toxicity, flammability or liability to explosion render fire fighting abnormally dangerous or difficult; also flammable or combustible liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat are a fire hazard.
JUNK
Any previously used iron, steel, brass, copper, tin, lead or other base metals, cordage, ropes, rags, fibers, fabrics, rubber, tires, bottles, glass, bones, wastepaper, motor vehicles no longer used as such and such other waste or discarded material which may or may not be prepared to be used again in some form. The term "junk" shall not include cans and bottles held for recycling purposes pursuant to Title 10 of Article 27 of the New York State Environmental Conservation Law, materials or objects accumulated by persons as by-products, waste or scraps from the operation of his own business or materials or objects held and used by a manufacturer as an integral part of his own manufacturing process.
JUNK DEALER
Any person engaged In the purchase and sale of any previously owned or used material, machinery, tools, equipment, scrap iron, scrap metals and automobiles for the purpose of scrapping such articles and operating a junkyard.
JUNKYARD
A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk as described above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such business or commercial purpose are to be used for charity.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular power and originally intended for use as a means of transportation and which are no longer capable of being operated as such or of being registered for use on the public highways of New York State.
SECONDHAND DEALER
Any person engaged in the purchase and/or sale of previously owned or used gold, silver, jewelry, silverware, dinnerware, coins, furniture, household goods, tools, pottery, flatware, precious gems, precious metals, radios of every type and kind, electronic devices of every type and kind, wearing apparel, firearms, automobile accessories and musical instruments. The items of personal property hereinbefore mentioned shall not include items previously owned if such items were originally purchased at retail or wholesale and thereafter returned to the original retailer or wholesaler for exchange, refund or credit.
No person, either as principal, agent or employee, shall within the City establish, engage in or carry on the business of a secondhand dealer or junk dealer, either separately or in connection with some other business, without first having obtained and paid for and having in full force and effect a license as provided by this chapter.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Every person desiring to procure a license, as provided in this chapter, shall file with the City Clerk/Treasurer a written application upon a blank form prepared and furnished by the City.
A. 
Such application shall contain the names and residences of the applicant, if an individual, partnership or firm, or the names and residences of the principal officers, if the applicant is an association or corporation. Such application shall also describe, in detail, the character of the business in which the applicant desires to engage. The application shall also state the following:
(1) 
The length of time such applicant, or the manager or person in charge if the applicant is a firm, partnership, corporation or association, has resided in the City, his places of previous employment, whether he is married or single, whether he has been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
(2) 
The premises where such business is to be located or carried on, giving the street and number.
(3) 
Whether the applicant has either alone or with someone else ever engaged in the business of a secondhand dealer or junk dealer.
B. 
Such application shall be signed and acknowledged before a notary public or other official authorized to administer oaths in the City.
[Amended 4-8-1985; 8-10-1992 by L.L. No. 2-1992]
Each application required by § 235-3 shall be accompanied by a certificate of zoning compliance issued by the Building Inspector and by a bond to the City, approved as to form by the Corporation Counsel, in the penal sum as provided in Chapter 175, Licenses and Permits, with sufficient surety or sufficient collateral security condition for the faithful performance of the duties and obligations pertaining to the business so licensed, the due observance during the term of the license of any and all ordinances and laws which are now enforced or may hereafter be adopted or enacted respecting the businesses defined in this chapter and the accounting for and paying over of all moneys which he shall be liable to pay as such secondhand dealer or junk dealer to the City or any person.
A. 
The City Clerk/Treasurer may at any time suspend or revoke any license granted under the provisions of this chapter for the following reasons:
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
(1) 
The City Clerk/Treasurer shall suspend any license granted under the provisions of this chapter for a period of up to 30 days, upon a finding that the licensee has failed to comply with the provisions of this chapter.
(2) 
The City Clerk/Treasurer shall suspend any license granted under the provisions of this chapter for a period of up to 60 days, upon a finding that the licensee has failed to comply with any of the provisions of this chapter and such noncompliance is the second such offense within a one-year period.
(3) 
The City Clerk/Treasurer shall revoke any license granted under the provisions of this chapter upon a finding that the licensee has failed to comply with the provisions of this chapter and such noncompliance constitutes the third such offense within a one-year period.
(4) 
The City Clerk/Treasurer shall revoke any license granted under the provisions of this chapter upon a finding that the licensee has been convicted of a felony or misdemeanor involving moral turpitude during the period when the license issued pursuant to the provisions of this chapter was in full force and effect.
B. 
Whenever any license shall be so suspended or revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person whose license has been revoked within a period of two years from the date of such revocation. Notice of such suspension or revocation and the reason therefor, in writing, shall be served by the City Clerk/Treasurer upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of such suspension or revocation. If the licensee shall deem himself aggrieved by the suspension or revocation, he shall be entitled to apply to the City Council within 30 days after such suspension or revocation for a review of the same. The decision of the City Council shall be final.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C. 
Any person who himself or by his clerk, agent or employee shall establish, engage in or carry on the business of a secondhand dealer or junk dealer without having obtained a license as provided by this chapter or who, by himself or by his clerk, agent or employee, shall violate any of the provisions of this chapter or who, having had his license suspended or revoked, shall continue to engage in or carry on the business of a secondhand dealer or junk dealer shall, in addition to the penalty imposed, have his license canceled or revoked and the bond upon such license forfeited. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the City, and the amount thereof may be recovered in a civil action based upon such forfeiture.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
When an application is filed pursuant to this chapter, the City Clerk/Treasurer shall cause an investigation to be made by the Police Department to ascertain the validity of the information provided on such application pursuant to the provisions of § 235-3 of this chapter. The Chief of Police shall furnish to the City Clerk/Treasurer, in writing, the information derived from such investigation.
A. 
Upon the filing of the application, bond and information as provided in this chapter, the City Clerk/Treasurer may, upon his approval of such application and bond as to the sufficiency of surety or collateral securities and the payment to the City of the license fee provided by § 235-8, issue to the applicant a license to engage in the business as required by § 235-2. No license shall be refused except for reason that the applicant has previously been convicted of a felony or misdemeanor involving moral turpitude or by reason that the location from which the business would be operated would, if operated, constitute a violation of the provisions of Chapter 300, Zoning, of the Code of the City of Jamestown or by reason of the fact that an applicant has previously had such license suspended or revoked.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in and carry on the business, the kind of business, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
C. 
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can establish that the reason for such rejection no longer exists.
A. 
Each secondhand dealer and junk dealer shall pay an annual license fee as provided in Chapter 175, Licenses and Permits, to the City Clerk/Treasurer for each established place of business.
[Amended 12-26-1990; 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
All licenses shall be issued as of May 1 and shall continue in force until April 30 next succeeding the issuance thereof, unless sooner suspended or revoked by the City Clerk/Treasurer.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C. 
No license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this section.
D. 
Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application and bond may be issued by the City Clerk/Treasurer, at his discretion, upon the filing with him of an affidavit by the licensee setting forth the circumstances of the loss and what, if any, search has been made for its recovery. No person shall destroy, deface or injure a license in any manner or change the name, number or date thereon.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
If any licensee shall move his place of business from the place designated in the license, he shall immediately give notice to the City Clerk/Treasurer and have the same endorsed on the license. No licensee shall carry on business at any other place than the one designated in his license. No licensee shall carry on business at any place not permitted by the provisions of Chapter 300, Zoning, of the Code of the City of Jamestown.
It shall be the duty of every licensee to make or cause to be made to the Chief of Police or his representative at least once a week, and daily if the Chief of Police shall so require, a copy of the record required to be kept by § 235-11 of every article purchased or exchanged by a secondhand dealer or junk dealer. All reports required in this section shall be made on forms prepared and furnished by the Chief of Police, and each report shall be signed at the end by the licensee or his representative. It shall be the duty of every licensee to cooperate with the Police Department in preventing the sale or exchange of stolen property. If a licensee has reason to believe that an attempt is being made to sell stolen property, he shall so notify the Police Department at once.
A. 
Every licensee pursuant to this chapter shall keep records, in duplicate, on forms prepared and furnished by the Chief of Police. Said records shall be legibly written in ink or typewritten and in English. Appropriate entries on said records shall be made at the time of making a purchase or exchange, and said records shall include but not be limited to a description of the goods, articles or things purchased or exchanged, including the number and any monogram inscription or other marks of identification that may appear thereon, the amount of the purchase price, the date of purchase or exchange and the name and residence of the person selling or exchanging such goods, such articles or things. Such records and all articles purchased and exchanged shall at all reasonable times be open to the inspection of any Police Officer, the City Clerk/Treasurer or the Corporation Counsel, any Magistrate of the City or other person duly authorized, in writing, for such purpose by the City Clerk/Treasurer, Corporation Counsel, Chief of Police or Magistrate, who shall exhibit such written authority to the licensee. No entry on any such record shall be erased, obliterated, altered or defaced. One copy of such record shall be delivered to the Chief of Police or his representative at least once a week, and daily if the Chief of Police shall so require, pursuant to the provisions of § 235-10 of this chapter.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
The provisions of this section shall not apply to the purchase in bulk of scrap iron, scrap metal or other scrap materials produced in the normal course of business by industrial, manufacturing or commercial concerns.
[Amended 6-12-1982]
No licensee by himself or by his clerk, agent or employee shall make any purchase or exchange with any individual under the age of 18 years without the prior written consent of the parent or lawful guardian of such individual.
[Added 4-8-1985]
On and after October 1, 1985, all persons maintaining junkyards, all junk dealers and all junkyards shall comply with the following requirements:
A. 
All junkyards, including all equipment used in connection with the operation of a junkyard, but excluding parking lots and junkyard offices, shall be contained within an enclosed building or within an area enclosed by a solid wall or solid fence.
B. 
Where fences or walls are utilized to enclose a junkyard as hereinbefore provided, such walls or fences shall comply with the following requirements:
(1) 
All fences and walls shall be of uniform height in relation to the ground upon which they are erected and shall be not less than eight feet nor more than 15 feet in height. Where such fences or walls exceed a height of 10 feet and are located on a street or highway frontage, such fences or walls shall be set back at least five feet from the lot line.
(2) 
All fences and walls open to view from any public street, highway or waterway or in any area in a residential or commercial district or zone shall be constructed of metallic panels, at least 0.024 inch thick and painted with a baked-on enamel or other similar permanent finish, or shall be constructed of masonry or such other materials comparable to the foregoing with the approval of the Building Inspector.
(3) 
All fences and walls shall be constructed in a workmanlike manner and shall consist solely of new materials unless the Building Inspector approves the substitution of used materials where, in his opinion, such materials will provide the equivalent in service, appearance and useful life.
(4) 
All fences and walls open to view from any public street, highway or waterway or in any area in a residential or commercial district or zone shall be painted a uniform neutral color and shall be maintained in a uniformly painted condition at all times.
(5) 
All such fences and walls shall contain no painted or illuminated signs or posters, except that such fences or walls may contain no more than two painted signs of commercial quality, which signs shall be no more than eight feet in width and four feet in height and shall only display thereon the name of the person or business entity in whose name the junkyard is operated.
C. 
All fenced or walled junkyards shall be equipped with suitable gates which shall be closed and locked except during the working hours of such junkyards and shall be of sufficient width to permit access to such junkyards by emergency vehicles, including but not limited to fire trucks, ambulances and police vehicles, and shall further conform to all appropriate provisions of Article 231A of the Code of the National Fire Protection Association and Section 1164.15 of the New York State Uniform Fire Prevention and Building Code.
D. 
No junkyard owner or operator shall place any junk or permit any junk to remain on junkyard property located beyond the confines of any enclosed junkyard area, whether or not such area is enclosed by a building or fence or wall.
E. 
All junkyards, together with all junk kept therein, shall at all times be maintained in a sanitary and orderly condition.
F. 
No water shall be allowed or permitted to stand in any place in any junkyard in such a manner so as to afford a breeding place for mosquitoes or other insects.
G. 
All weeds and other vegetation, including grass within any junkyard, and excepting trees, shall be kept at a height of not more than four inches.
H. 
No garbage, including but not limited to animal or vegetable material, capable of giving off a foul odor or of attracting vermin shall be maintained on any junkyard, nor shall any refuse of any kind be kept in any junkyard unless such garbage, waste or other refuse is junk as such is defined by this chapter.
I. 
No junk shall be permitted or allowed to rest upon or protrude over any public street, walkway, highway, parkway, terrace or curb or be maintained in such a manner as to permit such junk to become scattered or blow off the junkyard.
J. 
No hazardous materials, hazardous chemicals, toxic waste or explosives shall be kept or maintained in any junkyard except where such material is necessary to the operation of the junkyard and has been approved for use as such, in writing, by the Fire Inspector and Building Inspector.
[Amended 2-24-2003]
K. 
No junkyard shall keep or maintain any scrap engines, machinery, motor vehicles or other equipment containing therein gasoline, oil, antifreeze, transmission fluid, power steering fluid, brake fluid, hydraulic fluid or any other hazardous chemical or hazardous material.
L. 
No junk or other materials shall be burned in any junkyard in any incinerator not meeting the requirements of the Building Code or Fire Code,[1] nor shall any junk or other material be burned on the premises in the open.
[1]
Editor's Note: See Ch. 140, Fire Prevention and Building Construction.
M. 
No processing of junk or other activity in connection with the operation of any junkyard which produces a noise audible at a distance of 50 feet from the enclosed portion of a junkyard shall be conducted on Sundays or public holidays or at any other time between the hours of 6:00 p.m. and 7:00 a.m.
N. 
No gasoline, oil, antifreeze, power steering fluid, brake fluid, hydraulic fluid, hazardous chemical, hazardous material or other substance deemed extra hazardous by the Fire Chief shall be allowed to accumulate in any junkyard other than in containers approved by the Fire Chief and/or the Chautauqua County Department of Health and/or the New York State Department of Environmental Conservation and/or the United States Environmental Protection Agency.
O. 
No gasoline, oil, antifreeze, power steering fluid, brake fluid, hydraulic fluid, hazardous chemical, hazardous material or other substance deemed extra-hazardous by the Fire Chief shall be permitted to run off or flow from any junkyard.
P. 
All junkyards shall comply with all requirements for sanitary and storm sewer connections of the City of Jamestown.
Q. 
No junkyard shall be operated or maintained in a manner injurious to the public health, safety or welfare.
R. 
No junk shall be buried or covered with any earthen material within any junkyard.
S. 
The junkyard license issued pursuant to the provisions of this chapter shall be plainly displayed on the premises of any junkyard at all times.
T. 
The owner and/or operator of any junkyard shall permit inspection of such junkyard by the Building Inspector and/or the Fire Inspector or their designated representatives between the hours of 8:00 a.m. and 5:00 p.m. in weekdays and at all other times which such junkyard is open for or transacting or conducting business or is otherwise occupied.
[Amended 2-24-2003]
U. 
No single pile or accumulation of combustible material shall exceed a maximum storage area of 1,600 square feet at a height of 15 feet, and each single pile or accumulation of combustible material shall be separated from any other pile or accumulation of junk by a distance of 20 feet.
V. 
Notwithstanding any other provisions of this section, all junkyards shall be operated and maintained according to generally accepted standards pertaining to indoor and outdoor storage, including but not limited to the Code of the National Fire Protection Association and the New York State Uniform Fire Prevention and Building Code.
[Added 6-12-1982]
The provisions of §§ 235-2, 235-4 and 235-8 of this chapter shall not apply to any furniture or automotive business primarily engaged in the sale of new goods, products and other merchandise at retail or wholesale.
[Added 4-8-1985; amended 2-24-2003]
Responsibility for enforcement of the provisions of § 235-17 of this chapter is hereby vested with the Fire Inspector and the Building Inspector.