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 11-13-1957 as Ch. 7 of the General Ordinances, approved 11-15-1957. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch. 157.
Tow trucks — See Ch. 243
As used in this chapter, the following terms shall have the meanings indicated:
AUTO WRECKERS
Persons engaged in the business of collecting, storing, processing or stripping wrecked automobiles or automobiles, whether or not in running condition for the purpose of salvaging or selling the parts thereof. The term "auto wrecker" shall also include auto and auto body repair shops which purchase and store wrecked automobiles for the purpose of salvaging and selling or using the parts thereof.
AUTO WRECKING
The business of collecting, storing, processing or stripping wrecked automobiles or automobiles, whether or not in running condition for the purpose of salvaging or selling the parts thereof.
AUTO WRECKING YARD
A parcel of land, whether or not enclosed by a building, on which the business of auto wrecking as herein defined is carried on, whether exclusively or not.
ESTABLISHED PLACE OF BUSINESS
A building, shop or yard in which or where the person carries on the business of an auto wrecker.
PERSON
Includes one or more individuals, a partnership, company, association or corporation and every officer, agent, employee or servant of the foregoing in responsible charge of the premises hereinafter mentioned.
PREMISES
Includes a parcel of land, a yard, building, structure or vehicle or any other property or part thereof.
No person shall keep, maintain or operate an auto wrecking yard upon any premises in the City of Mount Vernon or carry on the business of auto wrecking, nor collect, store, process or strip automobiles within said City, without first procuring from the Mayor a license therefor; provided, however, that no licensed junk or scrap metal dealer shall be required to obtain a further license under this chapter.
[Amended 4-13-1989, approved 4-13-1989; 3-14-1990, approved 3-15-1990]
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 by the Police Commissioner to keep an auto wrecking yard or to carry out the business of auto wrecking.
B. 
All applications for licenses shall be made by the applicant on forms to be provided by the City Clerk. Said applicant shall set forth the name, business and residence addresses of the applicant and the names and residence addresses of the officers or partners, if the applicant is a corporation or partnership. Any changes in the residence address must be promptly reported to the City Clerk.
C. 
Every applicant for a license must 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 the Commissioner's supervision by a senior police officer designated to do so, at such 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 or other appropriate agency for processing and investigation. No application for an auto wrecking license shall be approved nor any license issued until after investigation and examination of the fingerprints of the applicant. No license shall be granted to any applicant who has been convicted of any felony or any misdemeanor involving violence, dishonesty or deceit.
[Amended 10-11-1989, approved 10-12-1989; 3-13-2002, approved 3-14-2002]
Every person receiving such license shall pay therefor the sum of $150 for each vehicle employed in such business 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 shall be entitled to receive or shall receive such license if such person, or, if a corporation or a partnership, a member, stockholder or officer thereof, has been or shall hereafter be convicted of larceny or knowingly receiving stolen property.
Every license to keep an auto wrecking yard or to carry on business as an auto wrecker shall continue in force until the 30th day of June next following the granting thereof, unless sooner revoked by the Mayor or City Council, and no longer.
Every license granted to an auto wrecker or auto wrecking yard shall designate the place in which the person receiving the same is authorized to carry on such business, and no person shall carry on such business at any other place than the one designated in the license.
A. 
No person shall be licensed as an auto wrecker or auto wrecking yard or carry on the business of collecting, storing, processing or stripping automobiles for the purpose of salvaging or selling the parts thereof unless said person has an established place of business in the City.
B. 
Notwithstanding the provisions of foregoing Subsection A of this section, no auto wrecker's license shall be required of non-City auto wreckers, provided that their operations in the City are confined to collection of wrecked automobiles from licensed auto wreckers in the City.
No licenses or 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 Public Safety Commissioner approving the application.
Nothing contained in this chapter shall authorize the carrying on of the business of an auto wrecker in violation of the Zoning Ordinance of the City of Mount Vernon.[1]
[1]
Editor's Note: See Ch. 267, Zoning.
Every keeper of an auto wrecking yard or person conducting business as an auto wrecker shall provide and keep a book in which shall be plainly and legibly written at the time of every purchase a description of the article purchased, the name and residence of the person or the name and business address of the firm from whom purchased, and the day, hour and place of such purchase. Such book shall be at all times open to the inspection of the Mayor, City Councilmen, Police Commissioner or any police officer or any person authorized in writing by either of them. Within 48 hours of such purchase, he shall also notify the Police Department of such purchase, giving a complete description of the automobile purchased, including year, make, model, serial and engine numbers thereof.
No licensee shall purchase any automobile or part thereof from any minor, knowing or having reason to believe him or her to be such.
No licensee shall purchase any wrecked automobiles from any person or persons between the hour of sunset and the hour of 7:00 a.m.
Every auto wrecker and auto wrecking yard shall, on purchasing any wrecked automobile or automobile not in running condition, place and keep each purchase in a distinct and separate pile in the usual place of business of such auto wrecker without altering, defacing, stripping, burning or taking apart any such article or removing, melting, cutting or destroying any part thereof for a period of five days immediately succeeding such purchase.
Every licensed keeper of an auto wrecking yard and every auto wrecker shall have his or their names, place of business and the number corresponding to the number of his or their license plainly and conspicuously painted on every vehicle used in his or their business, in letters and figures not less than two inches high. The name of such vehicle shall correspond with the name on the license.
Every auto wrecker and keeper of any auto wrecking yard, his agent, servant or employee shall, on demand from the Mayor, a City Councilman, City Judge, Chief of Police or any police officer or other person authorized in writing by either of the above-named officers or City Judge to make such demand, exhibit to the same any article or thing in his or their possession.
No auto wrecker or auto wrecking yard 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.
No auto wrecker or auto wrecking yard shall store or accumulate any wrecked automobiles or automobiles not in running condition except in a house, shed, shop or other enclosed building, except that such auto wrecker may temporarily accumulate such automobiles in a yard at his or their place of business for a period not to exceed 60 days, provided said accumulated automobiles are at all times covered by a temporary shed or tarpaulin or otherwise.
A. 
If the open yard or open space in which the automobiles described in Subsection B are accumulated is enclosed by a solid wood or metal fence or a combination solid wooden and metal fence of uniform size, height and material which sufficiently obscures such accumulated articles from public view, such wrecker 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.
B. 
The Building Commissioner of the City of Mount Vernon is hereby authorized and empowered to enforce the provisions of the foregoing Subsection A of this section and to regulate the construction, material, location and height of the fences referred to in the foregoing Subsection A, which said fences shall be no less than seven feet in height and may not be constructed of used or secondhand materials.
The burning of any material or articles on premises occupied by auto wreckers 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 Building Commissioner. 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 auto wrecking yards shall have constructed and maintained on their premises adequate sanitary facilities, including a sink with running water and a water closet or lavatory, and said facilities shall be kept in good repair. Such premises shall also be kept free at all times from rodents, rubbish, vermin and debris.