Junkyards now in operation shall be at least
150 feet from any existing residential dwelling, excluding that of
the licensee or agent. Any person who makes application after the
date hereof for a junkyard license covering premises not now used
for the operation of a junkyard shall be required to establish and
maintain his business at least 300 feet from any residential dwelling
then existing, excluding that of the licensee or agent.
Upon the filing of the application and bond, as provided in the preceding section, the Borough Secretary/Treasurer 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 §
115-2. 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 or 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 4-14-1997 by Ord. No. 197]
A. Every junk dealer shall pay an annual license fee
of $200 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 Manager upon the filing of an affidavit setting
forth circumstances of the loss or destruction and upon the payment
of the sum of $10.
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 the premises other
than those mentioned in the application or knowingly to 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 the Council and the same shall have been endorsed upon the license. All signs required by §
115-9 of this chapter shall be altered to contain the new address.
The 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 9-14-1992 by Ord. No. 158]
Every junk dealer, upon being served with a
written notice to so do by a member of the Police Department, shall
report to a District Justice an accurate description of all goods,
articles or things purchased or received by him in the course of business
of a junk dealer at such time and during such period of time specified
in the notice, as contained in the dealer's existing records.
[Amended 9-14-1992 by Ord. No. 158]
Upon an information being made, in writing,
by any municipal official or resident of the Borough alleging a violation
by a licensee of the provisions of this chapter, a District Justice
shall issue a summons to such licensee. The District Justice shall
proceed to hear the matter, after giving proper notice of a hearing,
and, if he finds the junk dealer guilty of the violation or violations
charged, he shall levy the appropriate fine and may suspend said junk
dealer's license until said dealer complies with the terms of this
chapter.
In the event that 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 9-14-1992 by Ord. No. 158]
Any person, who, by himself, his clerk, agent
or employee, shall conduct the business of a junk dealer as herein
defined without the license required by this chapter or shall violate
any of the provisions of this chapter may, upon conviction thereof,
be subjected to a fine or penalty of not more than $600 for each day
during which said violation shall continue, together with the costs
of prosecution for each offense, and, in default of the payment of
such fine and the costs of such prosecution, shall be imprisoned in
the county jail for a period of 30 days.