or any person whose license has been suspended and who, during the time of such suspension, drives for hire a public hack upon the streets, shall, upon conviction before any city magistrate, be punished by a fine of not over $50 or imprisonment for a term not exceeding 30 days, or both. 3. Miscellaneous. Upon the conviction of any person for any violation of a provision of this article, for which no punishment is specifically provided, he or she shall be punished as provided in § 10 of chapter 27 of this ordinance. 4. Suspension or revocation of licenses. In addition to the fine, imprisonment, or both, authorized by any subdivision of this section, any licensee shall be subject to the suspension or revocation of his license, upon conviction for any violation of this article. The commissioner may, in his discretion, suspend or revoke a license granted under any provision of this article, pending or in advance of the criminal prosecution of the license. (Ord. June 2, 1913.) § 120. Definitions. 1. Junkman, junkshop, junk cartman, junk boatman. Any one dealing in the purchase or sale of junk, old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, slush or empty bottles, in large or small quantities, including junk cartmen and junk boatmen, shall be deemed to be a junk dealer and his place of business a junk shop. This ordinance shall not apply to persons engaged exclusively in the purchase and sale in large quantities of scrap iron and steel, or woolen rags, or paper stock, but each said person shall annually file with the Police Commissioner and Commissioner of Licenses, a statement, in writing, setting forth the name and address of such person and the character of the business thereof. 2. Junk cart, junk boat. Any vehicle in the streets, or any vessel in the waters of the city, used for the purpose of collecting or selling junk, old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, slush or empty bottles, shall be deemed, respectively, a junk cart or junk boat, and the owner or owners thereof junk dealers. Any vehicle used for the purpose of collecting or selling any article or articles herein before enumerated shall be furnished, by the Department of Licenses, with a plate, to be affixed to a conspicuous and indispensable part of the vehicle, on which plate shall be clearly set forth the official number of the junk cart with the words "Junk Cart" and the date of expiration of the license, and the design or color of this plate shall be changed at the beginning of each license year, and in the case of a junk boat, the words "Junk Boat" and the figures of the official number thereof shall be painted in white block letters and figures respectively at least eighteen inches high and two inches wide on a black background on the stern and also on both the port and starboard sides of the boat, at the forward end thereof; and no person shall do such collecting or selling in any other way or manner than as aforesaid. In the case of a junk boat, there shall be but one person on the boat. § 121. License fee and bond, term. Every junk dealer shall pay an annual license fee of $20 and give a bond to the City, with sufficient surety approved by the commissioner of licenses, in the penal sum of $250, conditioned for the due observance of all provisions of law and municipal ordinances relating to such dealers, excepting in the case of a junk dealer operating a junk boat, who shall furnish for each junk boat so operated, a bond, with sufficient surety approved by the commissioner of licenses, in the sum of $1,000 conditioned for the due observance of all provisions of law and municipal ordinances relating to such dealers. Each junk dealer operating one or more junk carts or junk boats, shall pay an annual license fee of $5 for each horse-drawn or power vehicle or for each boat, and an annual license fee of $2 for each push cart. All junk dealers' licenses, including junk cartmen and junk boatmen shall be issued as of November 1, and shall expire on the 31st day of October next succeeding the date of issuance thereof. § 122. Restrictions. 1. Place. No junk dealer, including junk cartmen and junk boatmen, shall carry on business at any other place than the one designated in the license therefor, which place of business shall be within the limits of the City of New York, nor shall he continue to carry on business after such license has been suspended or revoked, or has expired. 2. Purchases. No junk dealer, including junk cartmen and junk boatmen, shall purchase any goods, article or thing whatsoever from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, nor from any person between the hours of 6 p. m. and 7 a. m. 3. Sales by dealers. No article or articles hereinabove enumerated, except old iron purchased in lots of one thousand pounds or over, old paper and old rags, shall be sold or disposed of by a junk dealer, including junk boatmen and junk cartmen, until the expiration of 48 hours after such purchase or receipt. 4. Prohibition as to second hand dealers. No person, firm or corporation licensed as a second hand dealer shall deal in the purchase or sale of any article or articles enumerated in section 120 hereof, or employ or use a cart, wagon, boat or other vehicle for the purpose of collecting any such things or materials. 5. Other business. No one licensed as a junk dealer, including junk cartmen and junk boatmen, shall be licensed as a pawnbroker or dealer in second hand articles in the city. 6. No licensed junk dealer, including junk boatmen and junk cartmen, shall purchase or sell any new goods. § 123. Record of purchases. Every junk dealer, including junk cartmen and junk boatmen, shall keep, at his place of business, which place shall be within the limits of the City of New York, a book in which shall be legibly written, in English, at the time of every purchase or sale, a description of every article so purchased or sold, the name, residence and general description of the person or persons from whom such purchase was made or to whom such sale was made, the day and hour of such purchase or sale, and, when the purchase consists of articles from a scow, coal-boat, lighter, tug or other vessel, the name of such scow, coal-boat, lighter, tug or other vessel, and the name and residence of the owner thereof; and such book shall at all reasonable times be open to the inspection of any police officer, or the mayor, the commissioner or any inspector of licenses, or any magistrate, or person duly authorized in writing, for such purpose, by the commissioner or any magistrate, who shall exhibit such authorization to the dealer. § 124. Reports to the police department. Every junk dealer, including junk cartmen and junk boatmen, upon being served with a written notice so to do by a member of the police department, shall report to the police commissioner, on blank forms to be furnished by the police department, an accurate description of all goods, articles or things purchased or received in the course of business of the junk dealer during the days specified in such notice, stating the amount paid for, and the name, residence and general description of the person from whom such goods, articles or things were received. § 125. Lost or stolen goods. If any goods, articles or thing whatsoever, shall be advertised in any newspaper printed in the city as having been lost or stolen, and if the same or any such answering to the description advertised or any part thereof shall be or come into the possession of any junk dealer, including junk cartmen and junk boatmen, such dealer, upon receiving written, printed or oral notice so to do, shall give information thereof in writing to the police commissioner, stating from whom the same was received. Every junk dealer, as aforesaid, who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to any police officer, or to the mayor, commissioner or any inspector of licenses, or any magistrate, or any person duly authorized in writing, by the commissioner or any magistrate, who shall exhibit such authorization to such dealer. § 126. Violations. Any person who shall violate, or neglect, or refuse to comply with any of the provisions of this article, shall, upon conviction thereof, be punished by a fine of not more than $200, or by imprisonment not exceeding sixty days, or by both such fine and imprisonment. Adopted June 26, 1917. Approved July 2, 1917. Sec. 126. Record of pledges.-Every pawnbroker shall, at the time of each loan, record the transaction in legible English in a book which he shall keep for the purpose, setting forth in each instance: 1. A description of the goods, articles and things pawned or pledged; 2. The amount of money loaned thereon; 3. The date of receipt of the pledge; 4. The rate of interest charged, if other than a legal rate; 5. The name and residence given by the person pawning or pledging such goods, articles or things. § 127. Pawnbroker's clerks.-No pawnbroker shall employ a clerk or other person under the age of 16 years, to accept or receive any pledge. § 128. Report to the police department.-Every pawnbroker shall, at such time or times as the police commissioner may prescribe in a written notice, to be served upon such pawnbroker by a member of the police department, report to the police commissioner, on blank forms to be furnished by the police department, a description such as is required to be kept under § 126, subdivision 1 of this chapter, of all goods, articles or things, or any part thereof, pawned or pledged in the course of business of the pawnbroker during the days specified in such notice, stating the numbers of the pawn tickets issued therefor, the amounts loaned thereon, and such identifying marks as may be on the goods pawned, and, if such notice from the police commissioner so prescribes, such pawnbroker shall, from that time and until he is notified to discontinue so doing, keep and furnish on such blank forms, a general description of every person depositing such pledges, consisting of sex, color and apparent age. § 129. Violations.-Any person who shall wilfully violate, or neglect or refuse to comply with any of the provisions of this ordinance, shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment of exceeding 10 days, or by both such fine and imprisonment. ARTICLE 10 PEDDLERS, HAWKERS AND VENDERS Sec. 130. Definitions; exceptions. § 131. License fee. § 132. Designation of vehicles. Sec. 130. Definitions; exceptions. 1. Definitions. Any person hawking, peddling, vending or selling merchandise in the streets of the city shall be deemed to be a peddler, and shall be classified as follows: A peddler using a motor-driven vehicle; a peddler using a horse and wagon; a peddler using a push cart; and a peddler personally carrying merchandise. (Amend. April 24, 1916.) See People v. Meyer, 110 Misc. 439. 2. Newspapers. This article shall not apply in any way to the selling of newspapers or periodicals. 3. Farmers. Any person, owning or operating a farm in the city and selling, in the streets, produce raised on such farm, shall not be deemed a peddler within the meaning of this article. Any such person may make application to the commissioner, and, upon affidavit setting forth sufficient facts to entitle him to this exemption, he shall thereupon receive a certificate thereof. (C. O., §§ 347, 348.) Ordinance requiring a license for peddlers sustained. Village of Ballston Spa v. Markham, 58 Hun, 238. As to power imposed on Mayor to issue a license, see Bradley v. Rochester, 54 Hun, 140. All statutes regulating hawking and peddling must be strictly construed. Village of Stamford v. Fisher, 140 N. Y. 187. Ordinance restricting peddling to certain hours is not unconstitutional. City of Buffalo v. Schleifer, 2 Misc. 216, 51 St. Rep. 58, 21 N. Y. Supp. 913. An ordinance restricting peddling at public markets sustained. Village of Buffalo v. Webster, 10 Wend. 100. As to peddling milk, see People ex rel. Larabee v. Mulholland, 82 N. Y. 324. Where a license is required and none is taken out, the peddler cannot recover the price of his goods. Best v. Bauder, 29 How. Pr. 489. License to peddle required. Jones v. Foster, 43 App. Div. 33. Ordinance prohibiting sale of peanuts and popcorn in street unless from wagon drawn by a horse or horses, held unreasonable. People v. Gilbert, 68 Misc. 48, 53. § 131. License fees; term.-The annual license fees payable by peddlers shall be, for each peddler: Using a motor-driven vehicle.. Using a horse and wagon. Using a push cart.. Personally carrying his merchandise. $8.00 8 00 4.00 2.00 All peddler licenses shall be issued as of May 1 and shall expire on the 30th day of April next succeeding the date of issuance thereof. All peddler licenses now in force, which shall not sooner expire, shall expire on the 30th day of April, 1916, but all such licenses for peddlers may be renewed by the licensees, if presented on or before July 31st, 1916, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. All peddlers using motor-driven vehicles and operating as such at the time this ordinance takes effect under licenses issued to them as peddlers using a horse and wagon, may continue to operate under such license until April 30, 1916, unless sooner expiring, and upon such expiration may be renewed as peddlers using a motor-driven vehicle, as hereinbefore provided. (Amend. Dec. 28, 1915.) § 132. Designation of vehicles. Any vehicle used in peddling shall show on each outside thereof the words "Licensed Peddler," together with the figures of its official number, and any peddler duly licensed to use a horse and wagon or a motor-driven vehicle may employ 2 persons, and no more, to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler. ARTICLE 11 PUBLIC CARTS AND CARTMEN Sec. 140. Definitions. § 144. Charges. Sec. 140. Definitions.-Every vehicle, of whatever construction, drawn by animals or propelled by any motor power, which is kept for hire or used to carry merchandise, household or office furniture or other bulky articles within the city, for pay, shall be deemed to be a public cart, and the owner thereof shall be deemed to be a public cartman. (Ord. June 2, 1914.) An ordinance requiring a license to be taken out where trucks are used for hire was held valid in City of Brooklyn v. Breslin, 57 N. Y. 591. And it has been held that where a license was required, unless one was taken out, the driver or owner of carts and trucks used for public hire could not recover for services actually rendered. Ferdon v. Cunningham, 20 How. Pr. 154. § 141. Classification.-Public carts shall be divided into two classes, namely, motor driven public carts and horse drawn public carts. 1. Horse drawn. Horse drawn public carts shall be divided into two classes: A-To include all public carts drawn by 1 horse and having an inside floor space of at least 40 square feet. B-To include all public carts drawn by 2 or more horses and having an inside floor surface of at least 70 square feet. 2. Motor driven. Motor driven public carts shall be divided into two classes: F-To include all motor driven public carts having an inside floor surface of at least 70 square feet. GTo include all motor driven public carts having an inside floor surface of at least 90 square feet. In all of the above measurements, a variation of more than 5 per cent. shall not be accepted. (Ord. June 29, 1914.) § 142. Licenses and license plates.-Upon the payment of the fee hereinafter provided the commissioner shall issue a license to the owner of the vehicle, together with a plate, to be affixed to a con |