[Amended 12-30-1991 by Ord. No. 1528; 8-6-1996 by Ord. No.
1692]
No person shall engage in business as a junk
dealer in the Borough of Indiana without first having obtained a license
from the Borough Manager, for which license the fee shall be as set
from time to time by resolution of the Borough Council 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 31st day of January
for each year, provided 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 remainder
of such year shall be at 1/2 the yearly rate.
The license provided for in §
249-2 of this chapter shall be issued by the Borough Manager after application shall have been made therefor by the person desiring to be licensed. 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. The name of the licensed junk dealer and the number of the license under which he operates shall be placed in a conspicuous place on the outside of every vehicle used for business purposes by such dealer.
No person licensed under this chapter shall,
by virtue of one license, keep more than one place of business within
the Borough of Indiana for the purpose of buying, selling and dealing
in junk. Nor shall any such person engage in business as a junk dealer
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 a
scavenger or 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 a 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 as set from time to time by resolution of the Borough
Council.
Every junk dealer shall provide and shall constantly
keep a book in which shall be fairly written down in the English language
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 of such
purchase or receipt, and the person from whom such article or material
was purchased or received. Such book and all junk purchased, received
or handled by any junk dealer shall at all times be subject to the
inspection of the Chief of Police and any other official of the Borough
of Indiana.
Every junk dealer, licensed under this chapter,
shall keep and retain upon the licensed premises, for a period of
48 hours after the purchase or receipt thereof, all junk received
or purchased by him, and he shall not disturb or reduce the same or
alter the original form, shape or condition until such period of 48
hours shall have elapsed.
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 of rodents and
vermin.
B. No garbage or other organic waste, and no papers,
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 of the first day of
the week, commonly called "Sunday," or on any other day of the week
before 7:00 a.m. or after 6:00 p.m.
[Amended 6-8-1971 by Ord. No. 1009]
Any person who shall violate any provision of
this chapter shall, for each and every such violation, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and costs
of prosecution, and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days, provided each day's violation
of any provision of this chapter shall constitute a separate violation.