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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.