[HISTORY: Adopted by the North Hempstead Town Board 3-17-1942. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 40.
This ordinance shall be known and may be cited as "Junk Dealers Ordinance of the Town of North Hempstead."
No person, association, partnership or corporation shall engage in or conduct business as a dealer in or collector of junk, old rope, glass, rubber, paper, rags, bagging, metal or substitutes therefor or other waste materials or in the business commonly known as the "junk business" or in the collection, purchase, storage, sale or disposal of junk, metals or secondhand materials in the Town of North Hempstead, Nassau County, New York, without first having obtained a license therefor as hereinafter provided. This ordinance shall not apply to the collection of papers, metals or other secondhand materials by members of nonprofit organizations for purposes of the National Defense and during the period of the present war.
Every applicant for a license is required to submit to the Town Clerk a written application supplying under affidavit, the following information: that he is a citizen of the United States; that he has never been convicted of a felony or misdemeanor; state in detail the particular business, trade or occupation for which the license is required; state the manner or means of conveyance in which the said business or trade shall be conducted; state the locality within which it is desired to carry on or engage in said trade, business or occupation, and the name of the person, persons, firm or corporation applying for such license, specifying the residence of such person or persons or the residence of the person composing any such firm, or the principal place of business of any such corporation and the name of the officer, in the case of a corporation, upon whom process or other legal notice may be served; that he is a fit and desirable person and is capable of properly conducting the trade or occupation desired. If satisfied that the applicant possesses the required qualifications, the Town Clerk shall, upon the receipt of the license fee, issue a license to the applicant, specifying the trade or occupation authorized.
The fee for such license is hereby fixed in the sum of twenty dollars ($20.) for the first vehicle and the sum of five dollars ($5.) for each additional vehicle. Such license shall be carried at all times by the licensee or his employees while operating or using the vehicle or conveyance in connection with his business. Each junk cart shall be furnished by the Town Clerk with a license plate to be affixed by the owner to a conspicuous and indispensable part of such vehicle where it shall be displayed at all times. A description of each such vehicle or conveyance shall be filed with the Town Clerk at the time of the issuance of the license. Such license shall be effective from the date of its issuance until the 31st day of December next succeeding, unless sooner revoked, and shall not be transferable.
Each such license shall be issued subject to compliance by the licensee with all the requirements of Article 6 of the General Business Law, Section 1308 of the Penal Law and all other statutes now existing or which may hereafter be enacted affecting such business or the conduct thereof; subject, also to compliance by the licensee with all rules, regulations or orders now existing or which may hereafter be made by the Town of North Hempstead respecting such business or the conduct thereof; and subject, also to compliance with the following further requirements:
That no such licensee shall collect or purchase any junk, metal or secondhand materials or articles of any kind from any person who is actually or apparently under twenty-one (21) years of age.
That each such licensee shall keep a book record of each article of junk, metal or secondhand materials purchased or collected by him, showing the time and place of collection or purchase, and the name and address of the person from whom the same was collected or purchased; and shall not dispose of any such article purchased or collected until the expiration of five (5) days from the date of purchase or collection.
That such licensee shall not collect or purchase junk, metals or secondhand materials from any person between the hours of 7:00 p.m. and 8:00 a.m. Eastern standard time.
That each such licensee shall permit his place of business, his record books and his vehicles or conveyances to be examined or inspected at any time by the police or by any representative of the Town Board.
That each licensee shall not examine, remove or dispose of any waste materials placed for collection upon any part of the public highway by the residents or occupants of adjacent property.
Acceptance of such license shall constitute an agreement by the licensee to comply with all such requirements, orders, rules, regulations and statutes.
Any false statement in an application, or any violation of any of the provisions of this ordinance, or of any of the statutes, rules, regulations or orders aforesaid, shall constitute a revocation of such license. In addition thereto the Town Board may, for any other cause, revoke any such license after a hearing at which the licensee shall be afforded an opportunity to be heard.
Any person violating any provision of this ordinance shall be liable for and forfeit and pay a penalty of not less than five dollars ($5.) and not exceeding fifty dollars ($50.) for each offense. In addition thereto, a violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this ordinance, or any provision thereof, shall be and hereby is declared a disorderly person.
This ordinance shall take effect immediately.