An application for a license shall be subject to the terms and procedure set forth in Chapter
111, Licenses and Permits, of this Municipal Code, and shall contain such requests for information as the City Manager may require, from time to time. The fee for the license shall be as set from time to time by resolution of the City Council, and shall expire on June 30 of each year, regardless of when the same shall have been issued.
No license under this chapter shall be granted to any person who, or
to any partnership, a member of which, shall have been convicted within five
years of the date of application of a violation of this chapter; or to any
corporation of which an officer or stockholder shall have been convicted;
nor to any person, as aforesaid, who has within five years of the date of
application been convicted of the crime of larceny or of knowingly receiving
stolen property.
Every junk merchant and scrap metal dealer shall keep, in such form
as the Chief of Police may prescribe and written in ink or indelible pencil,
a daily record of all articles purchased, the name, residence, age and occupation
of the person from whom each article was purchased, the name of the employer
of such person, the day and hour of such purchase, and the price paid. The
records shall at all reasonable times be open to the inspection of any police
officer or the City Manager, Chief of Police, any magistrate or any person
duly authorized in writing for such purpose by the Chief of Police or any
magistrate who shall exhibit such authorization to the junk merchant, his
or her agent or employee. No entry in such records shall be changed, erased,
obliterated or defaced.
Every junk merchant and scrap metal dealer upon being served with a
written notice so to do by a member of the Police Department shall report
to the Chief of Police, on forms to be furnished by the Police Department,
an accurate description of all goods, articles or things purchased or received
by him or her in the course of business at such time and during such period
of time specified in the notice, stating the amount paid for and the name,
residence and general description of the person from whom such goods, articles
or things were received.
[Amended 9-14-1987]
This section shall be enforced by the City of Batavia Bureau of Inspection,
designated herein as the Enforcement Officer, or by anyone duly authorized
by it.
A. Defined. As used in this section "junked motor vehicle"
shall mean any motor vehicle that fails to display a currently valid New York
State Safety Inspection Certificate and current valid license plates.
B. Outdoor storage on private property prohibited; exceptions.
It shall be unlawful for any person, firm or corporation either as owner,
occupant, lessee, agent, tenant or otherwise, of property within the City
of Batavia, to store or deposit, or cause or permit to be stored or deposited,
a junked motor vehicle, or part or piece thereof, on any private property
within the City of Batavia, unless:
(1) Such motor vehicle is stored or deposited on premises
legally used and operated as a junkyard;
(2) Such motor vehicle is either: stored or deposited in
a completely enclosed building; or is completely covered by a custom or ready
fitted cover designed and manufactured to cover motor vehicles. Said cover
shall be of a material commonly used for the purpose of covering motor vehicles,
shall be tightly fitted to the motor vehicle and shall be maintained in good
condition and repair;
(3) Such motor vehicle is under repair, reconstruction or
refurbishing by the owners thereof who must actually be residing on the premises.
Not more than one such motor vehicle shall be permitted at any one time on
any premises. Such motor vehicle must be so maintained and protected as not
to create any safety hazard or nuisance to surrounding property owners and
shall not remain on the premises more than 15 days in any twelve-month period
of time;
(4) An owner actually residing on the premises where such
a motor vehicle is stored has applied for and obtained a permit to repair,
reconstruct or refurbish such motor vehicle. Written applications to permit
said work shall be made to the Enforcement Officer on forms provided. The
Enforcement Officer, upon approving the application, shall issue a permit.
Said permit shall be valid for a period of 30 days from its date of issuance
and shall not be renewed. Only one permit shall be issued to an owner of any
motor vehicle in any twelve-month period of time. Upon the filing of an application
for a permit under the provisions of this subsection a filing fee as set from
time to time by resolution of the City Council shall be payable. The Enforcement
Officer shall maintain a permanent record of all matters considered and all
action taken by him or her under this chapter ; or
[Amended 4-22-1991]
(5) Such motor vehicle is temporarily stored on the premises
of a public garage, motor vehicle service station or body repair shop within
a commercial or industrial district of the city while awaiting repair or servicing
at such place of business. Not more than five such vehicles shall be permitted
to be stored on any such premises at any one time.
Notwithstanding any other provision of this chapter, all junkyards must comply with Chapter
190 entitled "Zoning" of this Municipal Code and all other applicable provisions of this Code, law, rule or regulation.
Any violation of any provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty, of this Municipal Code.