City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady 8-24-1983 by Ord. No. 83-89. Amendments noted where applicable.]
GENERAL REFERENCES
Air Pollution — See Ch. 121.
Fire prevention and protection — See Ch. 156.
Secondhand dealers — See Ch. 217.

§ 216-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
JUNK DEALER
Any person, association, partnership or corporation, as a wholesaler or peddler, conducting a business consisting of buying, selling or storing junk, rags, paper, old iron, brass, copper, tin, lead or other old metals, old tinware or any secondhand articles, except secondhand books and furniture.
[Added 4-3-1989 by Ord. No. 89-42]
SCRAP METAL PROCESSING FACILITY
An establishment engaged primarily in the purchase, processing and shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundries, smelters, refiners and similar users.
SCRAP PROCESSOR
Any person, association, partnership or corporation operating and maintaining a scrap metal processing facility.

§ 216-2 License required.

It shall be unlawful for any person, association, partnership or corporation to engage in the business of a scrap processor, unless such scrap processor shall have complied with the provisions of this chapter and obtained a license to do so from the Office of Consumer Protection of the City of Schenectady.

§ 216-3 License fee.

[Amended 3-18-1991 by Ord. No. 91-11; 1-13-2003 by Ord. No. 2003-1]
The license fee to be paid to the Office of Consumer Protection shall be the sum of $125 per annum if such place of business is the principal place of business of such processor in this state: otherwise the sum of $50, which license expires June 30 of each year.

§ 216-4 Records.

A. 
Such scrap processor shall record each purchase of any pig or pigs of metal, bronze or brass castings, or parts thereof, sprues or gates, or parts thereof, utility wire or brass car journals or of metal beer kegs and each purchase of iron, steel and/or nonferrous scrap for a price of $50 or more and preserve such record for a period of three years, which record shall show the date of purchase, name of seller, his residence address by street, number, city, village or town or by such description as will reasonably locate the seller, the type and quantity of either purchase; and the scrap processor shall cause such record to be signed by the seller or his agent. It shall be unlawful for any seller to refuse to furnish such information or to furnish incorrect or incomplete information.
B. 
Such records shall be available for inspection by the Police Department of the state or the municipality in which the establishment is located.

§ 216-5 License required for junk peddlers.

[Added 4-3-1989 by Ord. No. 89-42]
It shall be unlawful to carry on the business of a junk dealer, either as a wholesaler or peddler, which business shall consist of buying, selling or storing junk, rags, paper, old iron, brass, copper, tin, lead or other old metals, old tinware or any secondhand articles, except secondhand books and furniture, without first obtaining a license from the Office of Consumer Protection.

§ 216-6 License fees for junk peddlers.

[Added 4-3-1989 by Ord. No. 89-42]
A. 
The fees for licenses required by this chapter shall be as follows:
(1) 
Peddler's license for one year: $5.
(2) 
License of wholesaler who buys from peddlers, for one year: $25.
B. 
The Consumer Protection Office may, in its discretion, grant a permit, without fee, to carry on such business to any religious or charitable institution or society; which permit, however, may be revoked by that Office at any time.

§ 216-7 Peddlers' age restriction.

[Added 4-3-1989 by Ord. No. 89-42]
No person shall be licensed, as provided in this chapter, unless he shall be at least 21 years of age.

§ 216-8 Contents and display of junk peddler's license.

[Added 4-3-1989 by Ord. No. 89-42]
Every person to whom a license is granted as set forth in this chapter shall, upon payment of the fee provided therein, receive a certificate from the licensing authority, which certificate shall set forth the dealer's name, his license number and the fact that he is a licensed junk dealer. All such licenses shall expire annually on the 30th day of June. Each licensed junk dealer shall be responsible for displaying his license number in a conspicuous place at his place of business and upon all vehicles owned by him and used in carrying on his said business.

§ 216-9 Purchases from minors; hours of operation.

[Added 4-3-1989 by Ord. No. 89-42]
No junk dealer, either wholesaler or peddler, shall receive or purchase any goods, articles or things whatsoever from any person under the age of 16 years or from any person between the hours of 8:00 p.m. and 7:00 a.m.

§ 216-10 Reports to police.

[Added 4-3-1989 by Ord. No. 89-42]
Every wholesaler licensed under the provisions of this chapter is hereby required to make and deliver or mail each Saturday to the Chief of Police of the City a report, in writing, in such form as such Chief may prescribe, of all copper, bronze, aluminum, lead, babbitt, zinc and batteries purchased or received by him during that day and the previous six days, together with the name and residence of the person or persons from whom such purchases were made. Articles so purchased or received shall not be sold or otherwise disposed of within one week after such report is delivered or mailed to the Chief of Police, but shall be held at the place of business of the person licensed under this chapter, and such articles shall be subject to inspection by any police officer of the city. If such police officer has reason to believe that any of said articles have been stolen, he may request that they be held, and, upon such request being made, they shall not be sold or disposed of until released by him or the Chief of Police. The provisions of this section shall not apply to articles purchased by one wholesaler from another wholesaler when such articles are in the possession of the purchasing wholesaler.

§ 216-11 Offensive conditions.

[Added 4-3-1989 by Ord. No. 89-42]
Every wholesaler licensed under the provisions of this chapter shall conduct his business in such a manner as to prevent unsanitary conditions, the issuance of smoke and/or noxious odors from the premises wherein he conducts his said business. All junk, as described in § 216-5, shall be placed in proper housing or suitably fenced, and the premises shall be subject to regulation by the Fire Chief with regard to fire hazards.

§ 216-12 Pawnbroking prohibited.

[Added 4-3-1989 by Ord. No. 89-42]
No person licensed to carry on business under the provisions of this chapter shall, while holding such license, carry on the business or trade of pawnbroker, nor shall any pawnbroker receive a license under the provisions of this chapter.

§ 216-13 Unlicensed premises.

[Added 4-3-1989 by Ord. No. 89-42]
No person licensed pursuant to this chapter shall carry on such business at any place other than the one designated in his license.

§ 216-14 Exhibition of junk peddler's license.

Every person to whom a license is issued pursuant to this chapter shall exhibit such license upon the demand of any person. Every person licensed pursuant to this chapter shall report any change of address of residence or place of business to the Office of Consumer Protection and have the same endorsed upon his license within three days of such change.

§ 216-15 Penalties for offenses. [1]

A. 
Each violation of this chapter by a scrap processor shall be a violation subject to a fine of not more than $200, unless such violation shall be willful, in which event it shall be a misdemeanor; except, however, that the scrap processor shall not be liable for any violation of this chapter by a seller or his agent, or a purported seller or agent.
B. 
Each violation of this chapter by a seller or his agent shall be a misdemeanor.
[1]:
Editor's Note: Ordinance No. 89-42, adopted 4-3-1989, provided for the renumbering of former § 216-5 to this current § 216-15.