[HISTORY: Adopted by the Borough Council of the Borough of
Trainer 6-14-1962 by Ord. No. 315A (Ch. 13, Part 2, of the 1985 Code
of Ordinances). Amendments noted where applicable.]
[Amended 4-9-1998 by Ord. No. 616]
A.
JUNK
JUNK DEALER
PERSON
RECYCLING DEALER
SALVAGE DEALER
SCRAP
SCRAP DEALER
As used in this chapter, the following terms shall have the meanings
indicated:
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse and shall include, but not be limited
to, scrap metal and scrapped motor vehicles, and shall not include
any garbage or other organic waste or any paper, rubbish, rags or
other flammable article or material.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk.
Any natural person, partnership, firm or corporation.
Any person, as defined in this section, who shall engage
in the business of recycling, reusing, remanufacturing and buying
and reselling any material, article, part, equipment or other item,
including, but not limited to, metal, plastic, paper, rags, wood,
motor vehicles, machinery, equipment and parts thereof. This definition
shall not be applicable to dealers in antique and used household furnishings.
Any person, as defined in this section, who shall engage
in the business of selling, buying and dealing in junk, scrap, recyclables,
previously owned parts and equipment and nonorganic waste materials.
This definition shall be the same as the definition for "junk."
This definition shall be the same as the definition of "junk
dealer."
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Amended 4-13-1978 by Ord. No. 468; 2-14-1980 by Ord. No. 488; 2-13-1986 by Ord. No. 551; 6-12-1986 by Ord. No. 557; 4-9-1998 by Ord. No.
616]
No person shall engage in business as a junk dealer in the Borough
of Trainer without first having obtained a license from the Borough
Secretary, for which license the fee shall be $550 for each and every
calendar year, such fee to be for the use of the Borough. Such license
shall be renewed annually on or before the first day of January of
each year. In any case where a junk dealer's business shall be
established in the Borough on or after the first day of July in any
year, the license fee payable by such junk dealer for the remaining
balance of such year shall be 1/2 the yearly rate.
[Amended 9-12-1963 by Ord. No. 324]
The license provided for in § 154-2 shall be issued by the Borough Secretary after application shall have been made therefor by the person desiring to be licensed; provided, however that such application shall be accompanied by a written certificate by a recognized reliable exterminator or exterminating firm, stating that the premises to be licensed is free of rodents and other vermin, before any such license or renewal license may be issued by the Borough Secretary. Such license shall state the name of the person to whom such license is issued and the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder.
[Amended 4-9-1998 by Ord. No. 616]
No person licensed under this chapter shall, by virtue of one
license, keep more than one place of business within the Borough of
Trainer for the purpose of buying, selling and dealing in junk. Nor
shall any person engaged in business as a junk dealer, scrap dealer,
salvage dealer and recycling dealer deal in any place other than the
place designated upon his license. Nor shall any such person or any
other person operate upon any of the streets of the Borough, whether
from a vehicle or upon foot, as an itinerant buyer or seller of junk.
No license issued under this chapter shall be transferable from
one person to another person except when the ownership of the licensed
premises shall change. In any such case, the new owner shall apply
for a transfer of such license to him and shall pay a transfer fee
of $10.
Every junk dealer shall keep a written record as prescribed
by the Borough, which shall be made at the time of the purchase of
any junk and which shall be written legibly and in the English language,
setting forth a description of every article or material purchased
or received by him, the date and hour of such purchase or receipt,
the name of the person from whom such article or material was purchased
or received and the address or motor vehicle registration number of
such person. Such written records, and all junk purchased, received
or handled by any junk dealer, shall at all times be available for
inspection by the Chief of Police and any other official of the Borough
of Trainer.
[Amended 8-12-1965 by Ord. No. 339]
Every junk dealer licensed under this chapter shall constantly
maintain the licensed premises in the manner prescribed by this section,
as follows:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding or rodents and vermin.
B.
No garbage or other organic waste and no paper, rubbish, rags or
other flammable articles or materials shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom,
and none shall be permitted to remain upon the premises.
D.
The manner of storage and arrangement of junk, and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water upon the premises, and to facilitate access for fire-fighting
purposes.
E.
Such premises shall not be open for business nor shall any work be
done therein in connection with the storage, processing and transporting
or removal of junk at any time between the hours of 6:00 p.m. and
7:00 a.m.
F.
Such premises shall have erected in front thereof a fence of not
less than eight feet in height that will effectively block the view
of the premises from the adjoining highway. Any gate in any such fence
shall open inwardly so as not to block the adjoining sidewalk. With
respect to any junkyard in existence at the time of the passage of
this chapter, the erection of such fence shall be completed within
60 days from and after the date of passage of this chapter.
[Added 7-8-1971 by Ord. No. 398; amended 5-13-1976 by Ord. No.
453]
A.
Each person licensed as a junk dealer under the terms of this chapter
may be inspected from time to time by the Mayor or any other Borough
official authorized by him so to do, and if said inspection discloses
a condition existing within the licensed premises tending to create
a fire hazard or constituting a violation of the terms of this chapter,
as amended, and in the event such condition or violation is not remedied
within 10 days after notice thereof in writing from the Mayor to the
owner or operator of the licensed premises, the entire matter shall
be reported by the Mayor to Borough Council, which after a hearing
duly conducted by Borough Council shall have the right to suspend
said license for such period of time until the condition is remedied
or violation is terminated.
B.
Each person licensed as a junk dealer under the terms of this chapter, as amended, who is convicted of three violations as provided by Subsection A hereof, shall be subject to revocation of said license by Borough Council after a hearing duly conducted by Borough Council.
C.
In case of suspension or revocation of any license as herein provided,
no portion of the license fee shall be reimbursed to the holder of
such license.
[Amended 4-13-1978 by Ord. No. 468; 11-14-1985 by Ord. No. 549; 4-9-1998 by Ord. No. 616]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
