[HISTORY: Adopted by the Borough Council of the Borough of Marcus
Hook 2-4-1980 by Ord. No. O-80-4, approved 2-4-1980.
Amendments noted where applicable.]
GENERAL REFERENCES
Hawkers, peddlers and solicitors — See Ch. 111.
A.
JUNK
JUNK DEALER
JUNKYARD
PERSON
Definitions. The following words and terms, as used in
this chapter, shall have the meanings respectively ascribed to them in this
section, unless the context clearly indicates a different meaning:
Any discarded material or article such as not ordinarily disposed
of as rubbish or refuse, and shall include, but not be limited to, scrap metal
and scrapped motor vehicles, any stored vehicle not visibly in compliance
with the Pennsylvania Motor Vehicle Code, trucks, trailers and machinery,
but shall not include any garbage or other organic waste or any paper, rubbish,
rags or other flammable article or material.
Any person, as hereinafter defined, who shall engage in the business
of storing, selling, buying and dealing in junk. It shall also include any
persons involved in the scrapping or salvaging of motor vehicles.
Any lot, parcel or tract of land maintained and intended for the
purpose of supplying a location for keeping, storing, parking, altering or
otherwise using and dealing in junk.
Any natural person, partnership, firm, association, corporation or
the like.
B.
Word usage. In this chapter, the singular shall include
the plural and the masculine shall include the feminine and the neuter.
There shall be no new junkyards permitted in the Borough of Marcus Hook
upon the closing of any existing junkyard.
No person shall park or locate any junk or vehicle not visibly complying
with Pennsylvania Motor Vehicle Code or allow it to stand upon any street,
alley or other public place or upon any public or private tract of land, occupied
or unoccupied, within the Borough of Marcus Hook, except as provided in this
chapter.
No person shall operate or occupy any junkyard within the Borough except
as provided in this chapter.
No person shall engage in business as a junk dealer or shall establish
or operate any junkyard within the Borough until a permit shall have been
secured from the Borough Council of the Borough.
A.
Any person operating as a junk dealer or operating any
junkyard shall make annual application for a permit to the Code Enforcement
Officer of the Borough. With every annual application there shall be submitted
a plan of such junkyard or proposed junkyard showing the following:
B.
Such annual application shall be accompanied by a fee
of $100 to cover the costs of the services of the Borough officers and employees
in making the necessary studies and investigations in connection with such
application.
[Amended 7-2-1990 by Ord. No. O-90-1,
approved 7-2-1990]
C.
Such application must be submitted by December 1 for
operation for the succeeding calendar year, except for the first year of this
chapter.
Following receipt of the application for a permit as provided above,
the Code Enforcement Officer shall cause an investigation to be made of the
premises to which such application relates, and within 30 days of the receipt
of the application, the results of such investigation shall be referred to
Borough Council, or a committee of three members of Borough Council to be
appointed by the President of Council, to determine that all requirements
of this chapter are conformed to before said permit shall be issued. In connection
with such investigation, the Code Enforcement Officer, the Health Officer,
the Chief of Police, the Fire Chief and any other Borough officer or employee
requested to do so by the Council shall visit the premises in order to determine
whether the requirements as to which they have particular knowledge and understanding
are adhered to.
The Borough Council shall be required to grant an annual permit under
the terms of this chapter, after the investigation set forth above only in
such instances where such premises shall be planned, arranged and operated
so as to prevent the escape of smoke, gases and odors and to minimize the
danger of fire or explosion and to protect the health and safety of all persons
in the Borough. Such permission, when granted, may be conditioned on the adherence
by the person to whom the permit may be issued to any and all conditions prescribed
by Borough Council in order to meet the above-mentioned standards of health
and safety to the public. Every person receiving such permission shall constantly
conform to such conditions.
Immediately following the investigation required under § 116-7, when the Council shall be satisfied that all the applicable requirements of this chapter have been adhered to or are to be adhered to according to the plans for an existing junkyard, the Council shall issue a permit to operate such junkyard for the following calendar year. Such annual permit shall be subject to suspension by Council whenever the holder thereof violates any provision of this chapter. A suspended permit may be reinstated by the Council for the balance of the year for which it was issued upon compliance by the holder thereof with all the provisions of this chapter. No person shall operate a junkyard in the Borough during the time when the permit therefor shall have been suspended.
Such permit shall state the name of the person to whom such permit is
issued and the premises from which such business is to be conducted. Such
permit shall be posted conspicuously upon the premises permitted to be used
thereunder.
[Amended 1-5-1981 by Ord. No. O-81-3,
approved 1-5-1981]
Thirty days prior to the expiration date of any permit, the holder thereof may apply to the Code Enforcement Officer for a renewal thereof, such application to be accompanied by a fee of $100. Following an investigation as provided for in § 116-7 to ascertain whether all the requirements of the chapter continue to be adhered to, the Council shall renew such permit for a further period of one year.
No person having a permit under this chapter shall, by virtue of one
permit, keep more than one place of business within the Borough of Marcus
Hook for the purpose of buying, selling, storing and dealing in junk, nor
shall any such person, or any other person, operate upon any of the streets
in the Borough, whether from a vehicle or upon foot, as a scavenger or an
itinerant buyer, seller, storer or dealer of junk.
No permit issued under the chapter shall be transferable from one person
to another person without approval of Council.
Every junk dealer shall provide and shall constantly keep a book in
which shall be legibly written in the English language at the time of the
receipt 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 Borough Council or its designee.
Every junk dealer having a permit under this chapter shall keep and
retain upon the permitted 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 having a permit 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 paper, rubbish,
rags or other flammable articles or materials shall be stored on 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 on 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.
F.
Such premises shall be completely enclosed by a fence
at least eight feet in height, with all access gates locked when the business
is not in operation.
G.
Such premises shall be obscured from public view by an
acceptable method as approved by the Borough Council permit under this chapter,
and no licensee shall extend the area of any junkyard nor add a new facility
or structure.
[Amended 7-2-1990 by Ord. No. O-90-1,
approved 7-2-1990]
[Amended 1-5-1981 by Ord. No. O-81-3,
approved 1-5-1981; 9-6-1988 by Ord.
No. O-88-5, approved 9-6-1988]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punishable for each offense by a fine of up to the
maximum amount provided from time to time by state statute.
Enforcement of this chapter shall be by the Police Department and/or
other applicable Borough officials.
