[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. 
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:
JUNK
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.
JUNK DEALER
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.
JUNKYARD
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.
PERSON
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.
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 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:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner or owners.
(3) 
The location of the premises from which such business shall be conducted and the extent and area to be used for junkyard purposes.
(4) 
The location of all roadways and driveways.
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.
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.