[HISTORY: Adopted by the City Council of the City of Ogdensburg 12-15-1975 as Ch. 15 of the 1975 Ogdensburg Municipal Code. Amendments noted where applicable.]
This chapter is enacted to preserve the public health, safety and welfare, to permit the carrying on of a lawful business subject to the necessity of preventing attractive nuisances for children, to protect the public from noxious smoke, gases, odors and noise and to aid in the enforcement of the penal law with respect to the disposal of stolen goods.
No person shall conduct or maintain any building, structure or yard for piling in commercial quantities whether temporarily, irregularly or continually or for any buying or selling at retail or wholesale any old, used or secondhand materials of any kind, including rags, papers, rubbish, bottles, silver, tin, iron, brass, copper, bronze, zinc or other metals, glassware, crockery, bags, cloth, rubber, used motor vehicles or the parts thereof or any other material commonly known as "junk" or any repaired, reconstructed, renewed or renovated materials, merchandise or personal property without first having obtained and paid for a license as hereinafter provided.
A. 
Any person desiring to procure a license as herein provided shall file with the City Clerk a written application therefor containing the name and residence of the applicant if an individual or firm or the names of the principal officers and their residences if the applicant is an association or corporation. Such application shall also describe in detail the character of the business in which he, they or it desire to engage and the kind of materials he, they or it desire to keep, store or pile, buy or sell or otherwise deal in. This application shall state the following:
(1) 
Whether the applicant is licensed to sell old metal in accordance with Article 6 of the General Business Law of the State of New York.
(2) 
The length of time such applicant, if an individual, or the manager or person in charge, if the applicant is a firm or corporation or association, has or have resided in the City of Ogdensburg and the place of previous employment; whether married or single; whether he, they or any of them have been convicted of a felony or a misdemeanor and, if so, what offense, when and in what court.
(3) 
The premises where such business is to be located or carried on, giving street and number.
(4) 
Whether the applicant or applicants or manager had either alone or with someone also previously been engaged in the business commonly known as the "junk business."
(5) 
Such other information as may be required by the City Clerk.
B. 
Such application shall be signed and acknowledged before a notary public or other officer authorized to administer oaths in the City of Ogdensburg, New York. Such applications shall be accompanied by a bond to the City of Ogdensburg approved as to form by the City Attorney in the penal sum of $250 with a sufficient surety or sureties or sufficient collateral security conditioned for the due observance which are now in force or may be hereafter adopted respecting the keeping, storing, piling, collection, buying, selling or otherwise dealing in the articles enumerated in § 125-2 of this chapter.
Upon the filing of the application and the bond as provided in the preceding section, the City Manager, upon the approval of such application; after investigation and approval of such bond as to the sufficiency of the surety or sureties or collateral security and the payment to the City of Ogdensburg of the license fee hereinafter provided, grant a license to the applicant for the building, structure or premises mentioned in said application, provided that the applicant or applicants shall have first obtained a written permit from the Health Officer of the city, Chief of Police and the Chief of the Fire Department approving the applications. Any license issued as herein provided may be revoked by the City Manager for good cause after a hearing. "Good cause" shall include any violation of any city ordinance, local law, rule or regulation, dealing with health, fire hazard or building standards. "Good cause" shall also include the maintenance of any such building, structure or yard in such manner as to constitute a public nuisance. "Good cause" shall also include the making of a false statement by applicant in his, their or its application for a license.
Every person conducting or maintaining any building, structure or yard as provided in § 125-2 of this chapter shall pay an annual license fee of $25 for each established place of business, and licenses shall be issued as of July 1 and shall continue until June 30 next succeeding the date of issuance thereof unless sooner revoked by the City Manager.
A. 
No person shall conduct or maintain any building, structure or yard as provided in § 125-2 of this chapter in any other place than the one designated in the license therefor, nor shall be continue to carry on business after such license has been revoked or expired.
B. 
No person conducting or maintaining any building, structure or yard as provided in § 125-2 of this chapter shall purchase any article enumerated in § 125-2 of this chapter from any child under 16 years of age, nor from any person apparently intoxicated nor from any person between 6:00 p.m. and 7:00 a.m.
C. 
No license shall be granted as hereinabove provided to any person who shall have been convicted within two years of the date of application of a violation of this chapter or if a firm or corporation of which a member or officer shall have been so convicted; or any person who has been convicted of a felony or knowingly received stolen goods or if a firm or corporation of which any member or officer has or have been convicted of a felony or knowingly receiving stolen goods.
D. 
No person shall conduct or maintain any building, structure or yard or carry on any business described in § 125-2 of this chapter in such manner as to unduly disturb the peace and quiet of the neighborhood or in such manner as to create a public nuisance or create conditions detrimental to life or health or seriously impair the use and comfortable enjoyment of property in the vicinity. All premises used for any business mentioned in § 125-2 of this chapter shall, at all times, be kept in a cleanly, wholesome condition and in full compliance with all the ordinances and local laws of the city and in accordance with the reasonable rules, regulations and directions of the Health Department, Chief of Police and Chief of the Fire Department. All accumulations of waste such as rubber, cloth, hair goods from demolished machinery and vehicles and all of the unsaleable material known as "junk" shall not be allowed to accumulate and become a breeding place for rats and vermin, but shall be disposed of in accordance with law. All business of conducting and maintaining any building, structure or yard or any buying or selling as provided in § 125-2 of this chapter shall be confined to the licensed premises and any public sidewalks or roadways adjacent to such premises shall be kept free of junk, debris and other materials at all times. No iron or other metal shall be broken on Sunday or before 8:00 a.m. or after 6:00 p.m.
Whenever any yard mentioned in § 125-2 of this chapter is contiguous to a public sidewalk or any of the harbors of the city, that portion of the premises used for the purpose of accumulating, storing, handling, buying and selling any of the articles enumerated in § 125-2 of this chapter and all areas used to wreck or demolish old automobiles or other old machinery shall be entirely surrounded by a closely built fence constructed of wood or other suitable material with no cracks or apertures of more than 1/4 inch in width; such fence or enclosure shall be constructed from the ground to a height of at least eight feet. All gates and entrances shall be constructed of the same material as the fence and of the same height and tightness and shall be kept closed when not in actual use. Such enclosure or fence shall be kept in a suitable state of repair and shall not be constructed within a distance of three feet from the public sidewalk adjacent to such premises or within 10 feet of the adjacent harbor. Said enclosure or fence shall be constructed in accordance with any reasonable rules and regulations imposed by the City Engineer and shall not be used for billboard purposes nor for the display of advertisements of any kind.
Any person violating any provision of this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine not to exceed $100 or imprisonment for not more than 15 days, or both. Each week that a violation shall continue shall be a separate violation. In addition to the penalty imposed, the license may be suspended or revoked and the bond upon such license shall be forfeited.