[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.
Garage sales — See Ch. 159.
Pawnbrokers — See Ch. 189.
Peddlers and vendors — See Ch. 194.
Precious metals dealers — See Ch. 203.
Secondhand dealers — See Ch. 217.
Weights and measures; trade practices — See Ch. 260.
As used in this chapter, the following terms
shall have the meanings indicated:
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]
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.
Any person, association, partnership or corporation operating
and maintaining a scrap metal processing facility.
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.
[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.
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.
[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.
[Added 4-3-1989 by Ord. No. 89-42]
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
