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.
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.
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.