[Amended 10-9-1991 by Ord. No. 497]
No person shall from the date of this chapter hereafter in the Borough
of Leetsdale, keep, conduct or maintain any building, structure, yard or place
for keeping, storing or piling in commercial quantities, whether temporarily,
irregularly or continually, or for the buying or selling at retail or wholesale
or dealing in any "junk" as herein defined, whether with a fixed place of
business or as an itinerant peddler, without first having obtained and paid
for a "junk dealer" license.
[Amended 10-9-1991 by Ord. No. 497]
A. Every application for a license, together with bond,
to engage in the business of junk dealer shall be signed and acknowledged
before a notary public or other officer authorized to administer oaths.
B. Such application shall be accompanied by a bond to the
Borough of Leetsdale, approved as to form by the Borough Solicitor, in an
amount established by resolution of Borough Council, guaranteeing that in
the event the dealer quits business or vacates or abandons the auto wrecking
or junk yard, said yard will be cleared of all junk, including automobiles,
parts thereof and all debris. Said bond shall be secured by a judgment note
to the Borough of Leetsdale in an amount established by resolution, which
shall be signed by the dealer, where the premises on which the business is
located are owned by the applicant. In the event said premises are not owned
by the applicant, then the required judgment note shall be executed by the
owners of said premises, as well as by the applicant dealer. A cash bond may
be posted in lieu of the judgment note.
[Amended 10-9-1991 by Ord. No. 497]
A. The Borough Secretary shall report such application to
the Mayor, Health Officer, if existing, Fire Chief and Building Inspector,
who shall inspect or cause to be inspected such premises to determine whether
it complies with all laws, ordinances, rules and regulations. Said premises
and all structures thereon shall be so situated and constructed that the business
of junk dealer may be carried on in a sanitary manner, shall contain no fire
hazards, and shall be arranged so that thorough inspection may be made at
any time by the proper health, fire, building and police authorities.
B. No building shall be used for the business of junk dealing
unless the walls shall be fireproofed and the floor constructed of concrete
or other fireproof material.
C. Each of the premises upon which the business of junk
dealer or auto wrecking is to be carried on, shall be enclosed by a proper
fence approved by Council, which fence shall be at least eight feet in height.
Said fence or barrier shall be maintained in good condition at all times.
No article shall be piled so as to protrude above said fence or barrier. In
the interest of vehicular traffic safety, the aforesaid fence shall be set
back at least six feet from any road, street or right-of-way. However, said
fence or barrier shall be set back at least 15 feet from the intersection
of any roads, streets or rights-of-way.
Upon the filing of the application and bond, as provided in the preceding Section, the Borough Secretary shall, upon receiving a report of approval of such application, after investigation and the payment to the Borough of the license fee hereinafter provided, issue to the applicant a license to engage in business as provided in §
181-2. No license shall be refused except for a specified reason. All licenses shall be numbered in the order in which they are issued, and shall state clearly the location of the junk business, auto wrecking or auto salvage business, the date of issuance and expiration of the licenses and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
[Amended 10-9-1991 by Ord. No. 497]
A. Every junk dealer shall pay an annual license fee, as
established by resolution of Borough Council, for the license year or any
portion thereof. All licenses shall be issued as of January 1 of the year
when application is made and shall continue in force for a period of one year,
unless sooner revoked.
B. 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 shall be issued by
the Borough Secretary upon the filing of an affidavit setting forth the circumstances
of the loss or destruction and upon the payment of a fee as established by
resolution of Borough Council.
Every holder of a junk dealer's license shall at all times keep said
license posted while in force in a conspicuous place on the premises described
in the application for such license. It shall be unlawful for any person to
post it upon premises other than those mentioned in the application, or knowingly
deface or destroy any such license.
Every junk dealer's license shall designate the place of business in or from which the junk dealer receiving such license shall be authorized to carry on such business. No licensee shall remove his or its place of business from the place designated in the license until a written permit has been secured from the Borough upon approval of Council, and the same shall have been endorsed upon the license. All signs required by §
181-8 of this chapter shall be altered to contain the new address.
Council shall formulate reasonable rules and regulations relating to
the conduct of the business of junk dealing, which shall protect the health
of the community. No junk dealer shall violate any such rule or regulation.
A. In general, 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 of 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 auto wrecking
or auto salvage yards or places of business.
C. 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.
D. 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 on the first day of the week, commonly called
Sunday, except for sales, or on any other day of the week before 7:00 a.m.
All work shall cease at sundown, except for sales.
[Amended 10-9-1991 by Ord. No. 497]
Every junk dealer upon being served with a written notice to do so,
by a member of the Police Department, shall report to the Mayor, an accurate
description of all goods, articles or things purchased or received by him
in the course of business of a junk merchant at such time and during such
period of time specified in the notice, as contained in the dealer's existing
records.
[Amended 10-9-1991 by Ord. No. 497]
Upon any information being made in writing by a municipal official or
resident of the Borough alleging a violation by a licensee of the provisions
of this chapter, the Borough Council shall review the matter, and if Council
determines that the junk dealer has violated any provisions of this chapter,
it may suspend the dealer's license to operate.
In the event an automobile wrecking yard, whether licensed or unlicensed,
is abandoned for a period of 90 days or more, said automobile wrecking yard
shall constitute a nuisance, subject to abatement in accordance with the provisions
of the Borough Code.
[Amended 9-10-1969 by Ord. No. 386; 10-9-1991
by Ord. No. 497]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $600 and costs,
or in default of payment thereof, shall be subject to imprisonment for a term
not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.