[HISTORY: Adopted by the Borough Council of the Borough of East Greenville 8-7-1967
by Ord. No. 6-67. Amendments noted where applicable.]
The following words or phrases as used in this chapter shall have the
meanings ascribed to them in this section:
Any property or premises (including any building or enclosure) used
or used in part for collecting, dismantling, salvaging or converting or wrecking
any automobiles, trucks, vehicles or machinery to scrap or parts, or where
such items are stored incidentally to these purposes or where the same are
held for sale at retail or wholesale and/or the business enterprise or activity
wherein any person, firm or association shall be so engaged.
Any land area used to receive and accumulate useless, abandoned,
worn-out, mixed, sundry or collect articles or materials or any business connected
therewith, including the giving of permission to others, whether for a fee
or otherwise, to unload or discard upon such land or the land of another such
articles or materials.
Any worn-out or discarded material, including but not limited to
old rope, chain, iron, copper, metal, parts of machinery, bottles, cans, glass,
containers and other odds and ends, whether or not such material may be turned
into some minor, incidental or other use. "Junk" is further defined to include
not more than one currently unregistered and/or uninspected motor vehicle
parked, kept or stored on any property or any vehicle in a state of major
disassembly, disrepair or in the process of being stripped or dismantled.
(Exception: A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a structure
or similarly enclosed area designated and approved for such purposes.)
[Amended 10-1-1979 by Ord. No. 8-79; 8-7-1989
by Ord. No. 8-89; 8-6-1990 by Ord.
No. 12-90]
Any land area, with or without and/or including any buildings or
enclosures thereon, used or used in part for the collection, dismantling,
storage, assembling, disassembling, sorting, grading, piling, distribution
or sale of worn-out and discarded materials, including junk as defined in
this chapter, abandoned automobiles or automobiles for which a certificate
of junk has been issued by the Pennsylvania Secretary of Revenue or the official
of any other state designated to issue such certificates.
Any place where raw or cooked garbage is fed to pigs or other animals
or birds.
It is declared hereby to be a public nuisance and it shall be unlawful
after the effective date of this chapter for any person to create, construct,
operate, maintain or own within the Borough of East Greenville any dump, slaughtering
house, piggery as defined in this chapter, stable, hogpen, fertilizer or rendering
plant, kennel or any other condition, activity or business which may be noxious
or offensive to the inhabitants of the borough or endanger their health or
safety.
It shall be unlawful for any person to operate any automobile wrecking
yard or any junkyard as defined in this chapter, or to engage in business
within the borough as a junk dealer or to collect junk, without first having
applied for and obtained a license from the borough to carry on such activity
in accordance with state and borough regulations and ordinances then in effect,
or to permit any other person to use or occupy premises owned or controlled
by him for any of the foregoing purposes without having a current and valid
license as required in this chapter.
A.
Each application for a license shall be in writing, in
triplicate, upon forms provided by the borough, and shall be signed by the
person applying for such license in the presence of the Borough Secretary
or the Chief of Police.
B.
Each application shall contain:
(1)
An accurate description of the premises where or from
which such business will be conducted.
(2)
The complete name, address for mailing purposes and legal
residence of applicant; if applicant is a corporation, the names and addresses
of all the officers and directors, the principal office address of the corporation,
reference to the date and circumstances under which the corporation was authorized
to do business in Pennsylvania, the names, and addresses of all employees
and agents of the corporation who may conduct part of the operations of the
corporation in the Borough of East Greenville, and the name and address of
the person upon whom legal service of process may be made in Pennsylvania
with respect to such corporation.
(3)
The names and addresses of all persons associated with
the applicant either as business partners, partial owners of the business
or as employees or agents of the applicant authorized to conduct business
on its behalf.
(4)
The nature and kind of business and the work in detail
to be conducted by the applicant, his or its agents and employees.
(5)
Whether or not there are presently located or intended
to be located upon the premises any combustible, highly flammable, toxic,
noxious or explosive materials; the location upon the premises where any junk
may be stored, used, sold or kept; and the distance that such combustibles,
flammables, explosives and/or junk are or shall be located from any building
occupied, inhabited or apt to be occupied or inhabited by persons within the
borough. A drawing, to scale, shall accompany the application, setting forth
the exact location of all buildings and/or of such combustible, flammable,
explosive, toxic or noxious materials or junk upon the premises.
(6)
Whether the applicant or any officer, employee or associate
of the applicant in such business is involved in any litigation, civil or
criminal; the names of pending cases; the court, jurisdiction, term and number
of each, and whether or not any fines have been levied or judgments rendered
against applicant or such persons within six years prior to the date of application,
growing out of any business pertaining to or related to that of a junk dealer
or in connection with the collection and disposal of automobiles, automobile
parts or other junk.
Each application shall be accompanied by a certified check in the amount
of the required fee. The fee shall be $500 for the first or initial application
and $350 for each renewal thereof.
Each license shall be issued for the calendar year during which application
is made, and every license shall expire December 31 of that calendar year.
Each renewal of license, unless otherwise specified by the Borough Secretary,
shall be subject to all of the conditions, restrictions, regulations and terms
of the original license, and any license to be renewed shall be renewed within
six months of expiration of the original or the most recent previous license
of applicant.
Fees collected under the licensing provisions of this chapter shall
be for general borough purposes, including first the expenses of inspection,
enforcement and administration of this chapter and providing police protection
and supervision over all matters pertaining to or emanating from such business
for the benefit of the people and property of the borough.
A separate license shall be required for each business location and
for each person or business entity participating in the conduct, ownership,
management or profits of such business.
A.
Every applicant for a license to store junk or engage
as a junk dealer or in the handling of combustible, highly flammable and/or
explosive materials shall supply proof of public liability insurance for any
and all personal injuries and wrongful death claims in a sum of at least $100,000
for each person who may be injured and $300,000 for each accident or willful
act, and at least $300,000 public liability insurance for claims for property
damage for each accident or act for which applicant may or might be held responsible.
B.
Such insurance shall be written by a reputable company
approved by Borough Council. The failure or refusal of any insurance company
to pay any claim deemed reasonable by Borough Council shall be deemed sufficient
cause for Council to disapprove any such company until the time the claim
shall have been denied validity by a court of competent jurisdiction.
The license of every junk dealer shall be prominently displayed at the
entrance to the premises licensed, and upon proof of loss or damage to such
license, a duplicate license shall be issued by the Borough Secretary upon
payment by applicant of $10.
No person licensed under this chapter shall engage in business as a
junk dealer in any place within the Borough of East Greenville other than
the place designated upon his license, and no license shall be transferred
from one person to another except when the ownership of the licensed premises
shall change to the person to whom the license is to be transferred. In any
such case the new owner shall apply for a transfer of the license and pay
a fee of $25.
It shall be unlawful to use, maintain, occupy or own any unsafe or dangerous
building or structure or any appurtenances or parts thereof which are unsafe
or dangerous anywhere within the Borough of East Greenville, and any such
building, structure, appurtenance or part is declared hereby to constitute
a public nuisance, which shall be abated by the owner, tenant or occupant
thereof. Each day of continuance of the same after written notice from the
borough shall constitute a separate offense, subject to the penalties hereinafter
provided.
Every junk dealer shall make and keep a daily record in a bound book
in which shall be written clearly in English at the time of the purchase of
any junk a description of every article or material purchased or received
by him, the date and hour and the name and address of the person from whom
the same was purchased or received, which records shall include the manufacturer's
serial number of all motor vehicles, trucks or trailers located upon the premises.
Such book and all such junk purchased, received or handled by any licensed
junk dealer at all times shall be subject to inspection by the duly constituted
police officers or other officials of the borough.
Every junk dealer licensed under this chapter shall maintain constantly
the licensed premises in the following manner:
A.
The premises and all articles located thereon shall be
kept in such a manner as to not constitute a menace to the health of the community
and as to guarantee against the breeding of rodents and vermin.
B.
No garbage nor any organic waste shall be stored on the
premises.
C.
Whenever any motor vehicle shall be received on the premises
as junk, all gasoline shall be drained and removed therefrom forthwith, and
no such explosive or highly flammable materials shall be permitted to remain
upon the premises except in approved tanks buried underground.
D.
The manner of storage, 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 also to facilitate access for fire-fighting
purposes.
E.
The premises shall not be open for business nor shall
any work be done thereon in connection with the storage, processing, transporting
or removal of junk at any time on the first day of the week (Sunday) nor on
any legal holiday nor before 7:00 a.m. or after 6:00 p.m. on any other day.
F.
All such licensed premises shall be enclosed entirely
by opaque fencing not less than five feet high and of sufficient quality to
prevent minor children and animals from entering the premises without the
knowledge and consent of the licensee. Children under the age of 14 years
shall not be permitted upon the premises licensed under this chapter except
upon written permission of their parents or guardian delivered previously
in person to the licensee.
G.
Trees or shrubs shall be planted and grown in an orderly
and sightly manner around the area where junk is stored or around the fence,
or both, as shall be determined by the Mayor and set forth upon the application
or upon the license, or upon both, so that the junk may not be seen easily
from any public road, human dwelling, school, church or place of public recreation.
The fence and/or junkyard shall not be closer than 60 feet from the nearest
edge of any street, highway or alley and not closer than 30 feet from the
nearest side of any building upon any adjoining property nor closer than 10
feet from the property lines of each adjoining lot.
The Borough Secretary shall revoke in writing any license upon receipt
of credible evidence that the licensee is violating any of the provisions
of this chapter.
It shall be the duty of the Chief of Police and any assistants assigned
to him to enforce the provisions of this chapter.
A.
Nothing in this chapter shall be deemed to prohibit the
usual, normal businesses of pharmacies, drugstores with or without sundry
items, gasoline service stations licensed by the commonwealth, clothes dry-cleaning
and laundry establishments, bona fide garages or repair shops, rehabilitation
centers operated by nonprofit corporations.
B.
Nothing in this chapter shall be deemed to contravene
nor to restrict in any way the operation and effect of the Garbage Disposal
Ordinance No. 8-66, its supplements and amendments.
Any person violating any provisions of this chapter shall forfeit and
pay a fine, after summary conviction therefor according to the procedure in
other cases of summary conviction, in an amount of not less than $100 and
not in excess of $300 for the first offense as to each and every provision
of this chapter violated by him, and in an amount of not less than $300 for
each subsequent offense, and in the event of default in payment of such fine,
such person shall be liable to imprisonment for not more than one day for
each $5 of unpaid penalty or fine. Each day after written notice that the
person is in violation of this chapter shall be deemed and constitute a separate
and new violation.
