[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981
as Ch. 19 of the 1981 Code. Amendments noted where applicable.]
A.
Required. No person shall, without a license therefor,
be a junk merchant, scrap metal dealer or junk peddler, or in any way engage
in or carry on the business of collecting, buying, selling or otherwise dealing
in rags, old rope, bottles, bones, tin ware, rubber, bagging or any other
article or thing, except old metal as defined in Article 6 of the General
Business Law of the State of New York, which from its worn condition renders
it useless for the purpose for which it was made, whether at a fixed place
of business or as an itinerant peddler within the city.
B.
Activities for which license required. Every person,
as principal, agent or employee, who shall go, with or without a vehicle,
from house to house or place to place, buying, offering to buy, collecting
or gathering any of the articles enumerated in this section shall be deemed
to be a junk peddler. Every person who deals in or is engaged in the business
of making scrap metal shall be deemed a scrap metal dealer. Every person,
as principal, agent or employee, who shall carry on the business of buying,
selling or storing any of the articles enumerated in this section, at an established
place of business, shall be deemed to be a junk merchant.
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.
A.
Fencing requirements. Before use, a new junkyard shall
be completely surrounded with a fence at least eight feet in height which
substantially screens and with a suitable gate which shall be closed and locked
except during the working hours of such junkyards or when the licensee or
his or her agent shall be within. Such fence shall be erected not nearer than
50 feet to a public highway.
(1)
Where the topography, natural growth of timber or other
consideration accomplish the purposes of this section in whole or in part,
the fencing requirements hereunder may be reduced by the City Manager, upon
granting the license; provided, however, that such natural barrier conforms
with the purposes in this section.
(2)
All existing junkyards shall comply with fencing requirements
within 90 days of enactment of this chapter except those requirements relating
to the setbacks from a public highway, as hereinabove provided.
B.
Motor vehicles. All motor vehicles and parts thereof
stored or deposited by the applicant shall be kept within the enclosure of
the junkyard except as removal shall be necessary for the transportation of
same in the reasonable course of the business. All wrecking or other work
on such motor vehicles and parts and all burning of same within the vicinity
of the junkyard shall be accomplished within the enclosure.
[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.[1]
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[2]]
(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.
