[Adopted as Art. IV of Ch. 16 of the 1975
Municipal Code]
For the purposes of this article, the following
definitions shall apply:
Any person engaged in the business, retail or wholesale,
or both, of buying, selling and trading in old metals, machinery,
parts, paper, clothing, glass and other worn-out or unusable material,
except primarily for salvage, as well as the definition contained
in § 60 of the General Business Law.
Any place of business where a junk dealer collects, buys,
sells, trades, processes, dismantles, separates, stores or otherwise
handles old metals, machinery, parts, paper, clothing, glass and other
worn-out or unusable material, except primarily for salvage.
Any person engaged in the business, retail or wholesale,
or both, of buying, selling and trading in used furniture, appliances,
tools, household furnishings, clothing and other personal items used
about the home or place of residence and primarily intended for resale
and reuse of the same in the same manner and for the same purpose
that such items were originally manufactured.
[Amended 11-5-1980 by Ord. No. 80-13; 8-5-1992 by L.L. No. 3-1992]
No person shall engage in or carry on the business
of junk dealer or secondhand dealer without first procuring the appropriate
license therefor from the City Clerk, with the approval of the Chief
of Police.[1]
[1]
Editor's Note: Original § 16.43,
Only one license required, which immediately followed this section,
was deleted 8-5-1992 by L.L. No. 3-1992.
B.
Additional fees. Every person engaged in the business
of dealing, purchasing, selling, collecting, keeping or storing secondhand
articles of any kind doing business under a license as provided by
this article shall be entitled to the use of one vehicle for the collecting
of such articles but must pay an additional fee of $3 for each additional
vehicle and for each additional employee operating as a collector.
[Amended 8-5-1992 by L.L. No. 3-1992]
Licenses shall not be transferable without the
written endorsement of the Chief of Police.
A.
Secondhand dealers. Every person engaged in the business
of dealing in, purchasing or selling secondhand articles shall keep
a book in which shall be fairly written at the time of purchasing
such articles an account and description of the articles so purchased,
the name address and age of the seller, the identification shown by
the seller, the price paid for the article or articles, the date of
the sale and the signature of the seller acknowledging said sale.
Said books shall be kept clean and legible with no entry therein erased,
obliterated or defaced, and such books shall at all reasonable times
be open to the inspection of the Chief of Police or Detective Sergeant
of the city, or either of them, or of any person who shall be duly
authorized, in writing, for that purpose by either of them and who
shall exhibit such written authority to such secondhand dealers. Such
secondhand dealers shall require the above-referenced information
to be entered in said book before purchasing such secondhand articles.
[Amended 2-2-1977 by Ord. No. 77-1]
In addition to the requirements contained in
§ 63 of the General Business Law, no engine, automobile,
article of jewelry or silverware so purchased or received by any licensed
junk dealer or secondhand dealer shall be altered, broken up, taken
apart, defaced, sold or otherwise disposed of within five days from
the day it was so purchased or received by said dealer, except that
such articles or property may be disposed of within said period of
five days, provided that such junk dealer or secondhand dealer shall
have secured permission to do so from the Chief of Police or other
officer in charge at police headquarters.
Each place of business where a junk dealer or
secondhand dealer shall conduct business within this City shall require
a separate license.
Every person engaged in the business of dealing
in, purchasing, selling or storing secondhand articles of any kind
who buys of peddlers, collectors or junk dealers shall furnish the
Police Department with the name and address of each such peddler,
collector or junk dealer before 10:00 a.m. of the day succeeding such
purchase, unless the same has heretofore been furnished by such person,
as provided by this article.
It shall be unlawful for any person carrying
on the junk business or engaged in or conducting the business of purchasing
or selling secondhand articles of any kind to make any purchase from
any person under 16 years of age.
No person shall maintain or operate or allow
to be maintained or operated within the limits of the City a place
for dumping or accumulation of junk, old metal, paper, cloth or rubber
or dismantled, abandoned or worn-out motor vehicles and parts thereof
unless such person complies with the following requirements:
A.
Compliance with article. The provisions of this article
shall be fully complied with by the proprietor.
B.
Fence.
(1)
Height; condition. All such junkyards or accumulation
places as aforesaid shall be completely enclosed by a solid fence
at least eight feet in height and kept in good repair, and the junk
or accumulations stored within such fence shall be so located as not
to be visible above said fence from a point in the middle of the highway
adjoining.
(2)
Setback. All such fences which abut a public street
shall be set back at least six feet from the public sidewalk. If there
is no such sidewalk, then such fence shall be at least 25 feet from
the edge of the public street or highway.
C.
Care of junk materials. All junk motor vehicles or
parts thereof shall be piled neatly so as to eliminate all fire hazards
and shall be cared for in such a way that no unpleasant odor shall
arise therefrom.
[Amended 8-5-1992 by L.L. No. 3-1992]
