As used in this chapter, the following terms shall have the meanings
indicated:
JUNK
Any old, discarded or unused waste material of any type that has
outlived its usefulness for its original purpose, and shall include iron,
metals, glass, paper, rags, clothes, machines, automobiles, motor vehicles
or parts or accessories thereof, such as auto bodies and the like, and all
other materials commonly or generally known as "junk" in the ordinary meaning
of the word, acquired or collected for commercial purposes, including specifically
parts and portions of automobiles and discarded automobiles and automobile
bodies.
JUNK DEALER
Any person who deals in junk for commercial purposes or who buys
or otherwise acquires, collects or stores junk for commercial purposes in
the manner provided in this chapter.
JUNK SHOP
Any building in which junk is stored, placed, sold or purchased for
commercial purposes within the provisions of this chapter.
JUNKYARD
Any lands or parcels thereof on which junk is collected, placed or
stored for commercial purposes and any remuneration whatever. A "junkyard"
shall not include premises on which junk is kept, stored or disposed of by
an owner or occupant of the premises by reason of its obsolescence in the
ordinary sense of the word or which originates on the premises and becomes
obsolescent or is kept or stored for the use of the owner or occupant other
than in the business of buying, selling or storing the same.
LICENSED PREMISES
Any land or building, or both, whereon a junkyard is maintained under
the provisions of this chapter or any junk shop which is licensed or any premises
for which a license is issued to a junk dealer under the provisions of this
chapter.
It shall be unlawful for any person to keep or maintain a junkyard or
junk shop or deal in junk at any place within the borough without first having
obtained a license for such purpose.
The applicant shall cause notice of his application to be published
twice in successive weeks, at least once each week, in a newspaper published
and circulated within the borough, the first publication being at least ten
(10) days prior to the date for consideration of the application by the Council.
The applicant shall also file proof of publication with the Clerk prior to
the date for consideration of the application.
The number of licenses permitted in the borough is two (2). However,
all establishments existing on September 3, 1964, are not subject to this
limitation if they applied for a license within ninety (90) days thereafter.
All licenses granted and all premises licensed under this chapter shall
be subject to the following regulations:
A. No part of any premises shall be located within fifty
(50) feet of any public road or street or within fifty (50) feet of the boundary
line of any adjoining property owner.
B. No part of any premises shall be located within fifty
(50) feet of any private residence not owned by the applicant or of any church
or school.
C. A junkyard shall be completely obstructed from view from
the public road. The licensee shall have at the time of filing the application,
or shall construct with sixty (60) days of the granting of the license and
before storing any junk, a solid board fence or other solid material at least
seven (7) feet high from the ground and built in such manner so as to obstruct
visibility of the junkyard from any public street or public property from
outside the enclosure. The fence or enclosure shall be painted either white
or dark green and shall be maintained in good condition at all times. There
shall be no advertisement allowed or any description or writing on the fence,
except the owner's name and description of the character of his business,
and such description or writing shall not exceed an area of six (6) square
feet. The premises shall be enclosed at its entrances and exits by a gate
or gates which shall be securely closed and locked when unattended so as to
preclude any entrance to the enclosure while unattended. The remaining premises
around the junkyard shall be obstructed from the view of adjoining owners
so far as possible by a fence or shrubbery either seven (7) feet high or of
such height as may obstruct the view from surrounding property as best as
may be done.
D. No junk, rubbish or salvage material of any type shall
be maintained outside the enclosure surrounding the premises of any junkyard
or outside of any licensed junk shop.
E. No license shall entitle any licensee to operate at,
in or on any lot, building or location or any part thereof other than that
specified in the license, and no license shall be assignable or transferable
to any other person.
F. Open burning shall be prohibited.
G. No material of any explosive nature shall be maintained
or demolished on any premises.
H. No materials shall be kept or maintained on the premises
which are of such odorous nature as to be offensive to adjoining property
owners or other inhabitants in the area of the premises.
I. The licensee shall take all reasonable measures to keep
rats or other vermin from the premises.
J. The licensee shall maintain sufficient fire extinguishers
on the premises at all times and shall establish fire protection measures
according to standards recommended by the National Board of Fire Underwriters
for such premises. The licensee shall report all fires to the Chief of the
Fire Department, furnishing the date and extent of any fire and its cause,
if known.
K. No licensee shall purchase any goods, articles or other
materials from any person under the age of seventeen (17) years.
L. No licensee shall pile, stack or place junk above the
level of the fence height enclosing the junkyard or in any manner so as to
create a fire hazard or a place for the harboring of rats, mice or vermin.
M. The business of the licensee shall be operated so as
not to cause unreasonably loud noises that are either so consistent or so
audible as to be a nuisance to other property owners or inhabitants in the
neighborhood.
N. No licensee shall knowingly buy, sell, receive, dispose
of, conceal or have in his possession any motor vehicle from which the manufacturer's
serial number or any other identification number or mark has been removed,
defaced, altered, covered or destroyed with the apparent purpose of concealing
the identity of such vehicle.
O. All junk dealers shall keep books in which are maintained
records of all purchases by them. Such books shall be open to inspection by
any law enforcement agency for the purpose of tracing stolen goods.
P. No licensee shall conduct any processing operations,
purchases or sales of materials on the premises after 8:00 p.m. and before
8:00 a.m. of the following day on weekdays, or at any time on legal holidays
designated as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving
and Christmas.
The licensed premises shall be open to inspection at any reasonable
time of day or night upon the proper authorization for such inspection by
the Health Officer of the Board of Health.
[Added 4-19-1990 by Ord.
No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in §
1-17 of this Code.