[HISTORY: Adopted by the Borough Council of the Borough of Bell Acres 7-7-1964 by Ord. No. 24. Amendments noted where applicable.]
A. 
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Any old, used or secondhand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal, furniture, used motor vehicles or the parts thereof or other articles which, from their worn condition, render them practically useless for the purpose for which they were made.
JUNK DEALER
Any person, as hereinafter defined, who shall engage in the business of selling, buying and dealing in junk, including the operation of an auto wrecking or salvage yard or business; or any person who shall keep or store on his or other premises one or more automobiles which are unlicensed and inoperable or have been stripped or dismantled.
PERSON
Any natural person, partnership, firm or corporation.
A. 
No person shall from the date of this chapter hereafter in the Borough of Bell Acres keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, or for the buying or selling at retail or wholesale or dealing in any junk as herein defined, whether with a fixed place of business or as an itinerant peddler, without first having obtained and paid for a junk dealer license.
B. 
No person shall from the date herein in the Borough of Bell Acres keep, store or accumulate one or more automobiles which are unlicensed and inoperable or have been stripped or dismantled on his premises or premises of another without first having obtained and paid for a junk dealer license.
A. 
Every applicant for a license to engage in the business of junk dealing shall file with the Borough Secretary/Treasurer a written application upon a form prepared and provided by the Borough, signed by the applicant or applicants. Said application shall state:
(1) 
The names and residences of the applicants, if an individual, partnership or firm, or the names of the principal officers and their residences, if the applicant is an association or corporation.
(2) 
The length of time such applicant or applicants, if an individual, firm or partnership, or the manager or person in charge, if the applicant is a firm or corporation, has or have resided in the Borough of Bell Acres, his or their place of previous employment, whether married or single, whether he or they or any of them have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
(3) 
Whether the applicant or applicants or officers or manager of the applicant had been employed by a junk dealer or had been a junk dealer as defined herein.
(4) 
The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled.
(5) 
The premises where such business is to be located or carried on.
B. 
Each application shall contain an agreement that the applicant accepts the license, if granted, upon the condition that it may be suspended or revoked by the Council upon conviction of violation of this chapter.
A. 
Every application for a license, together with a bond, to engage in the business of junk dealing shall be signed and acknowledged before a notary public or other officer authorized to administer oaths.
B. 
Such application shall be accompanied by a bond to the Borough of Bell Acres, approved as to form by the Borough Solicitor, in the penal sum of $1,000, guaranteeing that in the event that the dealer quits business or vacates or abandons the auto wrecking or junkyard, said yard will be cleared of all junk, including automobiles, parts thereof and all debris. Said bond shall be secured by a judgment note to the Borough of Bell Acres in the amount of $1,000, which shall be signed by the dealer and his wife, if married, where the premises on which the business is located are owned by the applicant. In the event that said premises are not owned by the applicant, then the required judgment note shall be executed by the owners of said premises, as well as by the applicant dealer. A cash bond may be posted in lieu of the judgment note.
A. 
The Borough Secretary/Treasurer shall report such application to the Mayor, Health Officer, if existing, Fire Chief and Building Inspector, who shall inspect or cause to be inspected such premises to determine whether it complies with all laws, ordinances, rules and regulations. Said premises and all structures thereon shall be so situated and constructed that the business of junk dealing may be carried on in a sanitary manner, shall contain no fire hazards and shall be arranged so that thorough inspection may be made at any time by the proper health, fire, building and police authorities.
B. 
No building shall be used for the business of junk dealing unless the walls shall be fireproof and the floor constructed of concrete or other fireproof material.
C. 
Each of the premises upon which the business of junk dealing or auto wrecking is to be carried on shall be enclosed by a proper fence approved by the Borough Council, which fence shall be at least six feet in height. Where the premises border on or are within 100 feet of a public highway or where any side of the premises adjoins a residential dwelling now existing or constructed in the future, and said dwelling is within 150 feet of said side, a visual barrier shall be erected along the adjoining side for a reasonable distance, the top of which shall be no less than seven feet from the ground, with the provision that a one-foot space will be permitted between the ground and bottom of the barrier. Said visual barrier, if desired by the dealer, may be formed by trees or vines of the required height. If, however, a fence is constructed, it shall be of solid material. The aforementioned fence or visual barrier, where required, shall be completely constructed within one year from the date hereof. Said fence or barrier shall be maintained in good condition at all times. No article shall be piled so as to protrude above said fence or barrier. In the interest of vehicular traffic safety, the aforesaid fence shall be set back at least six feet from any road, street or right-of-way. However, said fence or barrier shall be set back at least 15 feet from the intersection of any roads, streets or rights-of-way.
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.
A. 
No junk dealer shall carry on the business at or from any other place than the one designated in the license therefor unless approved as aforementioned, nor shall said business be carried on after such license has been revoked or has expired.
B. 
The contents of the premises of every junk dealer shall be arranged so as not to constitute a fire hazard or a nuisance. The premises of every junk dealer shall be subject to inspection by the proper municipal authorities at any time during business hours.
C. 
All vehicles without wheels shall be set up on concrete blocks.
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.[1]
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
[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.