ARTICLE I. IN GENERAL

§ 13-1. Definitions.

For the purposes of this chapter, the following definitions shall apply:

Junk merchant. Every person, as principal, agent or employee, who shall carry on the business of buying, selling or storing any of the articles enumerated in § 13-17, at an established place of business, shall be deemed to be a "junk merchant."

Junk peddler. Every person, as principal, agent or employee, who shall go, with or without a vehicle, from house to house or place to place, buying, offering to buy, collecting or gathering any of the articles enumerated in § 13-17, shall be deemed to be a "junk peddler." (Ord. No. 3, § 2, 3-30-1931)

§ 13-2. Vehicles and signs.

(a) The vehicle kept or used by a junk peddler in the exercise of his license under this chapter shall be marked on both sides with his name, the street and number of his place of business and the number of his license in plain letters and figures at least two (2) inches in height and of such color as to be plainly read at a distance of at least ten (10) feet.

(b) Every licensed junk merchant under this chapter shall have and keep a sign on the outside and in front of each of his or its place of business on which shall be plainly set forth in conspicuous letters his or its name, licensed business and the number of his or its license. (Ord. No. 3, § 6, 3-30-1931)

§ 13-3. Restrictions.

(a) No junk merchant or peddler licensed under this chapter shall purchase any article enumerated in § 13-17 from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, nor from any person between sunset and 7:00 a.m.

(b) No person, persons, partnerships, firm, association or corporation licensed under the provisions of this chapter shall, during the continuance of such license, use, exercise or carry on the business or trade of a pawnbroker or dealer in secondhand articles, nor shall any pawnbroker or dealer in secondhand articles receive a license under the provisions of this chapter. (Ord. No. 3, § 7, 3-30-1931)

§ 13-4. Record of purchases.

(a) Every junk merchant shall keep, in such form as the Chief of Police may prescribe, written in ink or indelible pencil a daily record of all articles purchased, the name, residence, age and occupation of the person from whom each article was purchased, and the name of the employer of such person, also the day and hour of such purchase and the price paid.

(b) The records shall at all reasonable times be open to the inspection of any police officer, any magistrate or any person duly authorized in writing for such purpose by the Chief of Police or any magistrate, who shall exhibit such authorization to the junk merchant, his agent or employee.

(c) No entry in such record shall be changed, erased, obliterated or defaced. (Ord. No. 3, § 9, 3-30-1931)

§ 13-5. Lost or stolen goods.

(a) If any goods, articles or things whatsoever shall be advertised in any newspaper published in the village as having been lost or stolen, and the same, or any answering the description advertised or any part or portion thereof, shall be or come into possession of any junk merchant or peddler, he shall give information thereof, in writing, to the Chief of Police and state from whom the same was received.

(b) Any junk merchant or peddler who shall have or receive any goods, articles or things lost or stolen or alleged or supposed to have been lost or stolen shall exhibit the same on demand to any police officer or any magistrate or any person duly authorized in writing by the Chief of Police or any magistrate, who shall exhibit such authorization to such dealer or peddler. (Ord. No. 3, § 10, 3-30-1931)

§ 13-6. Penalties.

Any person, persons, firm, association, partnership or corporation who himself or itself or by his or its clerk, agent or employee shall conduct the business of a junk merchant or peddler as herein defined without the license required by this chapter, or who shall violate any of the provisions of this chapter, or who, having had his, its or their license revoked, shall continue as a junk merchant or peddler shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and, in addition, such violation shall constitute disorderly conduct and the person guilty of such violation shall be a disorderly person. (Ord. No. 3, § 11, 3-30-1931)

§ § 13-7 - 13-16. Reserved.

ARTICLE II. LICENSES

§ 13-17. License required.

No person shall engage in or carry on the business of collecting, buying, selling or otherwise dealing in rags, old rope, bottles, bones, tin ware, rubber, bagging or any other article or thing (except old metal as defined in Article 6 of the General Business Law of the State of New York) which from its worn condition renders it useless for the purpose for which it was made, whether at a fixed place of business or as an itinerant peddler, without first having obtained and paid for a license as provided in this Article. (Ord. No. 3, § 1, 3-30-1931)

§ 13-18. Application; bond.

(a) Any person desiring to procure a license as provided in this Article, shall file with the Village Clerk a written application upon a blank form prepared and furnished by the village. Such application shall contain the following information:

(1) The name and residence of such applicant or applicants if an individual, firm or partnership or of the principal officers and managers or person in charge if the applicant is a firm, partnership, corporation or association; their places of previous employment; whether married or single; whether he or they or any of them have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.

(2) A detailed description of the character of the business in which it is desired to engage and the kind of materials it is desired to collect, buy, sell or otherwise deal in and such other information as may be required by the Village Board.

(3) The premises where such business is to be located or carried on, giving street and number.

(4) Whether the applicant or applicants or manager has, either alone or with someone else, previously been a junk merchant or peddler as defined in § 13-1.

(5) Whether the applicant is licensed to sell old metal in accordance with Article 6 of the General Business Law of the State of New York.

(b) Such application shall be signed and acknowledged before a notary public or other officer authorized to administer oaths in the village.

(c) Such application shall be accompanied by a bond to the village, approved as to form by the Village Attorney, in the penal sum of two hundred fifty dollars ($250.) for a junk merchant and five hundred dollars ($500.) for a junk peddler, with a sufficient surety or sureties or sufficient collateral security, conditioned for the due observance during the term of the license of any and all ordinances which are now in force or may hereafter be adopted by the Board of Trustees of the village respecting the collection, buying, selling or otherwise dealing in articles enumerated in § 13-17. (Ord. No. 3, § 3, 3-30-1931)

§ 13-19. When license not granted.

No license as a junk merchant or peddler under this Article shall be granted to any person, persons, association, copartnership or corporation who or which shall have been convicted within five (5) years of the date of the application of a violation of this chapter or association, copartnership of which a member or members shall have been so convicted; or any person who has within five (5) years of the date of the application been convicted of a felony or knowingly receiving stolen goods; or any association, copartnership or corporation of which any member or members has been so convicted of a felony or knowingly receiving stolen goods. (Ord. No. 3, § 7, 3-30-1931)

§ 13-20. Issuance, etc.

(a) Upon the filing of the application and bond as provided in § 13-19, the Village Clerk may, upon his approval of such application after investigation of such bond as to sufficiency of surety or sureties or collateral security and the payment to the village of the license fee provided in this Article, issue to the applicant a license to engage in business as provided in § 13-17.

(b) No license shall be refused except for a specific reason and for the protection of the public safety, good order or morals.

(c) All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee.

(d) No applicant to whom a license has been refused shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection unless he can show the reason for such rejection no longer exists. (Ord. No. 3, § 4, 3-30-1931)

§ 13-21. Fees, etc.

(a) Every junk merchant, as defined in § 13-1, shall pay an annual license fee of fifteen dollars ($15.) for each established place of business. Every junk peddler, as defined in § 13-1, shall pay an annual license fee of twenty-five dollars ($25.).

(b) All licenses shall be issued as of January 1 and shall continue in force until the next succeeding date of issuance thereof, unless sooner revoked by the Village Clerk.

(c) No junk merchant shall engage in business as a junk peddler without obtaining a separate license therefor.

(d) No junk peddler's license shall give authority for more than one (1) person to buy, offer to buy or collect under it.

(e) Each junk merchant or peddler while exercising his license shall carry it and exhibit the same whenever requested to do so by any official or police officer of the village.

(f) No license shall be used by any person other than the original licensee, and any licensee who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this section.

(g) Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof (under the original application and bond) may be issued by the Village Clerk, in his discretion. (Ord. No. 3, § 5, 3-30-1931)

§ 13-22. Revocation.

(a) The Village Clerk may at any time, for such cause as he upon investigation deems sufficient, revoke any license granted under the provisions of this Article.

(b) Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made, and no license shall be granted to any person, firm, partnership, association or corporation whose license has been so revoked within a period of two (2) years from the date of such revocation.

(c) Notice of such revocation and the reason or reasons therefor in writing shall be served by the Village Clerk upon the person, firm, partnership, association or corporation named in the application by mailing the same to the address given in the application. (Ord. No. 3, § 8, 3-30-1931)

Chapter 13A, LANDLORD REGISTRY (L.L. No. 1-2007, § 1; L.L. No. 2-2009,

§ 1)

§ 13A-1. Purpose and scope.

(a) The purpose of this chapter is to establish a registry of all rental property where the owner is out of possession and does not reside at the property, as defined herein, enabling the Village to identify persons responsible for the care and management of such property which will ensure the enforcement of local, state and federal regulations.

(b) The provisions of this chapter shall apply to all property located in the Village of Tuckahoe.

§ 13A-2. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

BUILDING -- Any improved real property located within the Village of Tuckahoe.

MULTIPLE DWELLING -- Includes a dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other.

OWNER -- Any individual or individuals, partnership or corporation, limited liability company, similar type of business organization or proprietary interest, whether or not for profit or otherwise, in whose name title to a building or a residence is vested.

RENTAL PROPERTY -- Includes all buildings containing residential units which are either rented, leased, let or hired out to be occupied which shall be limited to two-family dwellings, multiple dwellings, or mixed uses (commercial-residential), where the owner is out of possession and does not reside at the premises where such buildings are located.

§ 13A-3. Registration of ownership of property.

(a) Registration. Every owner of rental property as defined herein shall be required to register such property with the Building Department on such form or forms as prescribed by the Building Department within a period of 60 days from the effective date of this chapter. A new form shall be filed whenever there is a change of ownership and it shall be the responsibility of the new owner to see that such form is filed within a period of 60 days from the taking of title to the property.

(b) Registry fee. On or after the effective date of this subsection, every owner or prospective owner of rental property, as defined in this chapter, shall be required to register said property with the Building Department and pay a registration fee payable to the Village of Tuckahoe, as follows:

(i) An initial registration fee of $50 for up to the first five residential units or apartments existing at the rental property, exclusive of any owner-occupied units or apartments, plus $5 for every unit or apartment existing at the rental property in excess of said first five residential units or apartments; and thereafter

(ii) Except as provided in Subsection (b)(iii) below, an annual registration fee of $15 irrespective of the number of units or apartments existing at the rental property due and payable on the day and date that is one year after payment of the initial registration fee, described in Subsection (b)(i) above, and on the anniversary date for each year ensuing thereafter.

(iii) Residents of the Village of Tuckahoe who certify their Village residency in accordance with the procedures set forth in this chapter shall be exempt from payment of the annual registration fee of $15.

§ 13A-4. Registry form and filing.

It shall be the responsibility of the owner of each property which is subject to the provisions of this chapter to timely file a registry application within 60 days of the effective date of this chapter. The form shall require the following information:

(a) The property address, the section, block and lot number of the property as stated on the Tax Map of the Village of Tuckahoe and the number of residential dwelling units on each property.

(b) The owner(s), owner mailing address and telephone number.

(c) The name and names, titles, addresses and telephone numbers of any responsible person(s) of the corporation, limited liability company, partnership or other similar business entity if the ownership is held in a nonindividual capacity.

(d) The name, address and telephone number of a local responsible person over 21 years old, residing or doing business in Westchester County, who shall be responsible for the care and management of such property and is authorized by said owner to accept legal process on behalf of the owner when the owner resides or has its principal place of business outside of Westchester County.

(e) The form shall be signed by the owner or his or her designee and shall contain the following declaration: "I hereby certify that all information contained in this statement is true and correct to the best of my knowledge and belief. I understand that the willful making of any false statement of material fact herein will subject me to the provisions of law relevant to the making and filing of false instruments and shall constitute a violation of this chapter."

(f) It shall be the responsibility of each owner to timely notify the Building Department whenever the information provided in this form has become outdated or for any reason is no longer accurate. It shall be the responsibility of each owner to recertify the aforementioned information annually.

§ 13A-5. Penalties for offenses.

(a) No rental property as defined herein, shall be occupied by any tenant without compliance with the provisions herein and failure to comply shall constitute a violation of a certification of occupancy.

(b) Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-7 of this Code in addition to any penalties that may apply under local, state or federal law or regulation.

§ 13A-6. Identification of owner and managing agent.

(a) The owner of any building defined herein as a "multiple dwelling" shall post and maintain in a conspicuous place in such dwelling a legible sign identifying the owner and managing agent of such dwelling, together with the business addresses and contact telephone numbers. Where the owner is a corporation or similar entity, the sign shall contain the names and contact telephone numbers of the principals thereof.