City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 140.
Pawnbrokers — See Ch. 189.
Abandoned refrigerator — See Ch. 208.
Auto wreckers — See Ch. 263.
Zoning — See Ch. 267.
[Adopted 11-13-1957 as Ch. 21 of the General Ordinances, approved 11-15-1957]
No person shall keep what are commonly called junk shops, nor collect, buy or sell, nor be engaged in the business of collecting, buying or selling within the City, old junk, rags, cloth, paper, paper bagging, old rope, scrap metals, old iron, brass, copper, tin, lead, slush, empty bottles, old rubber products, old cable and wire or any other article whose condition renders it practically useless for the purpose for which it was made and commonly intended, without first procuring from the Mayor a license therefor.
[Amended 4-13-1989, approved 4-13-1989]
A. 
The Mayor is hereby authorized to grant licenses under his/her hand, to be sealed with the Corporate Seal and countersigned by the City Clerk, to such persons as shall procure a recommendation in writing from the Commissioner of Public Safety, to keep what are commonly called "junk shops," "junkyards," "waste material handling plants" and "scrap metal establishments" for the purchase and sale of secondhand articles described in § 157-1 of this article and to collect such articles.
B. 
All applications for licenses shall be made on forms to be provided by the City Clerk. Said application shall set forth the name, business and residence addresses of the applicant; the name, business and residence addresses of the officers and partners if the applicant is a corporation or partnership. Any changes in residence addresses must be promptly reported to the City Clerk.
C. 
Every applicant for a license should file, together with the application, fingerprints of both hands. The fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. The Commissioner of Public Safety shall have the authority to submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigation. No application for a junkyard or junk dealer shall be approved nor any license issued under the provisions of this article until after the commanding officer of the Bureau of Criminal Identification in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of any felony or of any misdemeanor involving violence, dishonesty or deceit.
[Amended 10-11-1989; approved 10-12-1989; 4-24-2002, approved 4-25-2002]
Every person receiving such license shall pay therefor the sum of $150 and shall also give a bond to the City in the penal sum of $5,000 and fingerprint fees as required by the Division of Criminal Justice Services and § 126-2.2A of the Code of the City of Mount Vernon, conditioned for the due observance of all ordinances of the City Council and regulations applicable to the keeping of junk shops, junkyards, scrap metal dealers or waste material handling plants at any time during the continuance of such license. No person, partnership or corporation shall be granted a license if such person or any partner or stockholder or corporate officer thereof shall have been convicted of the crime of larceny or of knowingly receiving stolen property.
No licenses nor renewals thereof shall be granted by the Mayor unless the applicant produces a certificate in writing countersigned by the Building Commissioner, Health Commissioner, Fire Commissioner and Commissioner of Public Safety approving the application.
Every license to keep a junk shop, junkyard, scrap metal establishment or waste material handling plant shall continue in force until the 30th day of June next following the granting thereof, unless sooner revoked by the Mayor or City Council of said City, and no longer.
Every license granted hereunder shall designate the place in which the licensee is authorized to carry on such business, and no person shall carry on such business at any other place than the one designated in such license.
A. 
No person shall be licensed to deal in junk or to deal in the articles described in § 157-1 of this article, or to collect the same in the City, unless he has a place of business in the City.
B. 
Notwithstanding the provisions of Subsection A of this section, no license shall be required of non-City junk or scrap metal dealers, provided that their operations in the City are confined to collecting articles described in § 157-1 of this article only from junk shops, junkyards, waste material handling plants or scrap metal dealers licensed to carry on their business in the City of Mount Vernon.
Every licensee shall maintain and keep a book in which shall be plainly and legibly written at the time of every purchase a description of the articles so purchased, the name and residence of the person or name and business address of the firm from whom such purchases were made and the day and hour of such purchase. Such book shall be at all times open to the inspection of the Mayor, City Councilmen, Commissioner of Public Safety or any police officer, or any person authorized by any of the aforesaid. Every such licensee shall also, on purchasing any pig or pigs of metal, bronze or bronze castings or parts thereof, sprues or gates or parts thereof, copper wire or brass car journals, cause to be subscribed by the person from whom purchased a statement as to when, where and from whom he or his principal obtained such property, also his age, residence by city, village or town, and the street or number thereof, if any, and otherwise such description as will reasonably locate the same, his occupation and name of his employer and place of employment or business, which statement the junk dealer or scrap metal dealer shall forthwith file in the office of the Commissioner of Public Safety.
No licensee, his agent, servant or employee shall purchase any of the articles described in § 157-1 of this article from any minor.
No licensee, his agent, servant or employee shall purchase any goods or articles of the kind enumerated in § 157-1 of this article from any person or persons between the hour of sunset and the hour of 7:00 a.m.
Every licensee shall, on purchasing any of the articles of property described in § 157-1 of this article, place and keep each separate purchase in a separate and distinct pile, bundle or package in the usual place of business of such junk dealer, scrap metal dealer or waste material dealer without altering, defacing or taking apart any such article or removing, melting, cutting or destroying any part of such article for a period of five days immediately succeeding such purchase.
Every licensee shall have his name, place of business and the number corresponding with the number of his license plainly and conspicuously painted on every vehicle used in his business, in letters and figures of not less than two inches high.
Every licensee, his agent, servant or employee shall, on demand by the Mayor, City Councilmen, Commissioner of Public Safety or any police officer or other person authorized by any of the above named to make such demand, exhibit to the same any article or thing in his possession.
No licensee shall break iron or other metals on Sunday or before 8:00 a.m. or after 6:00 p.m. on other days of the week, or otherwise at any time so conduct his business as to make unusual or improper noises tending to disturb the peace and quiet of the neighborhood.
A. 
No licensee shall store or accumulate any of the articles described in § 157-1 of this article except in a house, shop or shed or other building, except that licensee may temporarily accumulate such articles in a yard at his place of business for a period not to exceed 60 days, provided that said accumulated articles are at all times covered by a temporary shed or tarpaulin or otherwise.
B. 
If the open yard or open space in which the articles described in § 157-1 of this article are accumulated is enclosed by a solid wood or metal fence or a combination solid wood and metal fence of uniform size, height and material which sufficiently obscures such accumulated articles from public view, such licensee need not cover the same with a temporary shed, tarpaulin or otherwise and there shall be no limitation on the length of time such articles may be stored in such open yard.
[Amended 5-9-1962, approved 5-9-1962]
The Building Commissioner is hereby authorized and empowered to enforce the provisions of the foregoing § 157-15B of this article and to regulate the construction, material, location and height of the fence referred to in said foregoing § 157-15B, which said fence shall be no less than seven feet in height and may not be constructed of used or secondhand materials.
The burning of any materials or articles described in § 157-1 of this article on premises occupied by junk dealers, scrap metal dealers or waste material handling plants, or by their servants, agents or employees, is prohibited unless such burning is done within an incinerator, oven or other receptacle approved in writing as to construction, capacity, smoke and firesafety by the Chief of the Fire Department, the Health Commissioner and the Commissioner of Buildings. Nothing contained in this section shall be construed as modifying, amending or rescinding the provisions of any City ordinance pertaining to the burning of fires in business and industrial districts of the City of Mount Vernon.
All junkyards, junk shops, scrap metal establishments and waste material handling plants shall construct and maintain on their premises adequate sanitary facilities, including a sink with running water and a water closet or lavatory, and shall keep the said facilities in good repair. Such premises shall also be kept free at all times from rodents, rubbish, vermin and debris.
[Adopted 11-13-1957 as Ch. 27 of the General Ordinances, approved 11-15-1957]
No person shall go about from house to house for the purpose of purchasing old clothes, gold, silver, jewelry or other articles of personal wear or ornament without a license therefor granted as hereinafter provided in this article.
[Amended 4-13-1989, approved 4-13-1989]
A. 
The Mayor is hereby authorized to grant licenses under his/her hand, to be sealed with the Corporate Seal and countersigned by the City Clerk, to such person or persons as he/she shall deem proper and who shall have presented to him/her a properly authenticated recommendation from the Commissioner of Public Safety, to go about from house to house within the limits of the City for the purpose of purchasing old clothes, gold, silver, jewelry and other articles of personal wear and ornament, which licenses shall expire on the first day of June next after their issue.
B. 
All applications for licenses shall be made on forms to be provided by the City Clerk. Said application shall set forth the name, business and residence addresses of the applicant; the name, business and residence addresses of the officers and partners if the applicant is a corporation or partnership.
C. 
Every applicant for a license should file, together with the application, fingerprints of both hands. The fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. The Commissioner of Public Safety shall have the authority to submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigation. No application for a junk dealer or solicitor shall be approved nor any license issued under the provisions of this article until after the commanding officer of the Bureau of Criminal Identification in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of any felony or any misdemeanor involving violence, dishonesty or deceit.
The City Clerk shall collect for each license so issued the sum of $50, and no license shall be issued for a period less than one year. Such license shall not be transferred to any other person. Of such sum of $50 so paid to the City Clerk, the sum of $40 shall be paid over by the Comptroller to the Mount Vernon Police and Paid Firemen's Pension Fund, and the sum of $10 shall be paid into the general funds of the City.
At the time such license is granted, the City Clerk shall issue to the person to whom such license is granted an appropriate badge, which shall be worn and properly displayed by the licensee at all times when engaged in the business authorized and permitted by such license.