It shall be unlawful for any person hereafter to establish any junkyard
either on public or private property within the limits of the Borough.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings ascribed to them
as follows:
INOPERABLE VEHICLE
Any vehicle no longer intended or in condition for legal use on the
public streets.
JUNK
Any used or discarded materials of any kind. It shall include, but
not be limited to, rags, paper, plastics, glass, metals, rubber, wood, inoperable
vehicles or parts thereof, machinery, furniture, appliances, structures or
personal property.
JUNKYARD
Any place or establishment where junk is accumulated, stored or disposed
of, whether in connection with another business or not, or where two or more
inoperable vehicles are stored.
PERSON
Any person or persons, partnership, association, company, firm or
corporation.
Existing junkyards may continue in operation as nonconforming uses, but shall terminate within one year unless they comply with the following provisions; and provided a sworn declaration of intent to obtain such license is filed with the Council within one month after the effective date of this chapter, and further provided that during the year prior to obtaining such license the operator thereof shall comply with the provisions set forth in §§
23-8 through
23-10.
No person shall continue to operate an existing junkyard without obtaining
a license therefor within one year after the effective date of this chapter.
Every person licensed under this chapter shall provide and shall constantly
keep current a book in which shall be written down, in English, a description
of every article or material purchased or received, the date and hour of such
receipt and the signature of the person from whom such article or material
was purchased or received. Such records shall at all times be subject to the
inspection of any official of the Borough.
Every person 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, and shall not destroy or reduce the
same or alter the original form, shape or condition until such period of 48
hours shall have elapsed.
Any official of the Borough shall be granted access to the area of the
activity or business of the licensee at all reasonable hours to inspect the
same for compliance herewith.
In the event of any violation of or noncompliance with any provision
of this chapter, the Council may suspend the license of such person upon failure
of the licensee to promptly abate such violation or comply herewith.
The Council hereby declares that any violation of or noncompliance with
this chapter constitutes a nuisance. The Mayor is hereby authorized to serve
notice to the violator to abate same or otherwise effect compliance within
seven days after issuance of such notice. In the event of noncompliance within
the time stated, the Borough may enter the premises and remove same or otherwise
effect compliance. The cost thereof, together with any additional payment
authorized by law, may be collected by the Borough from such person in the
manner provided by law.
Any license issued pursuant to the provisions of this chapter may be
revoked by the Council, after notice and hearing, for any of the following
causes:
A. Fraud or false statement in application for license.
B. Fraud or false statement in connection with carrying
out of the business for which license was granted.
C. Conviction of any violation of the provisions of this
chapter.
D. Conviction of the licensee of any crime.
E. Carrying out the licensed business in an unlawful manner
or in such a way as to breach the peace or to constitute a menace to the health,
safety or general welfare of the public.