[Ord. 6-2004, 6/9/2004]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Part:
The area of a junkyard as described in a junk dealer's license
or application for license, as provided for in this Part.
Old iron, steel, brass, cooper, tin, lead or other base metals;
old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles
or other glass; bones; wastepaper and other wastes or discarded material
which might be prepared to be used again in some form; and any or
all of the foregoing; and motor vehicles, no longer used as such,
to be used for scrap metal or stripping of parts; but junk shall not
include materials or objects accumulated by a person as byproducts,
waste or scraps from the operation of his own business or materials
or objects held and used by a manufacturer as an integral part of
his own manufacturing process.
A person who operates a junkyard, as defined below, within
the Borough.
A yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk, as defined above, upon which
occurs one or more acts of buying, keeping, dismantling, processing,
selling or offering for sale any such junk, in whole units or by parts,
for a business or commercial purpose, whether or not the proceeds
from such act or acts are to be used for charity.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. 6-2004, 6/9/2004]
1.
It shall be unlawful for any person to act as a junk dealer in the
Borough of Conshohocken whether personally, by agents or employees,
singly, or along with some other business or enterprise, without first
having obtained a license therefor from the Health Officer or Council's
designee in accordance with the provisions of this Part. A junk dealer
who operates more than one junkyard within the Borough shall be required
to have in effect a separate license for each yard.
2.
It shall be unlawful for any person to act as an itinerant junk dealer
in the Borough of Conshohocken or to operate upon any of the streets
of the Borough, whether from vehicle or on foot, as a scavenger or
an itinerant buyer or seller of junk.
[Ord. 6-2004, 6/9/2004]
1.
The Health Officer or Council's designee shall be empowered to utilize
the services of the Borough Health Officer, the Fire Marshall, the
Chief of Police and the Building Inspector whenever necessary and
appropriate. Except where otherwise provided, a majority of the members
of the Public Safety Committee shall constitute a quorum. The Public
Safety Committee shall appoint a secretary for itself from among the
employees of the Borough, adopt its own procedural rules and keep
a record of its proceedings and transactions.
2.
It is hereby made the duty of the Health Officer or Council's designee
to enforce, or aid in the enforcement of all provisions of this Part,
and for this purpose and of the members of the Health Officer or Council's
designee shall have the right and are hereby empowered to enter upon
any premises on which any business subject to the provisions of this
Part is located, or about to be located, and inspect the same at any
reasonable time. The Health Officer or Council's designee is further
empowered to issue orders granting, suspending, renewing and revoking
any license provided for in accordance with the provisions of this
Part.
[Ord. 6-2004, 6/9/2004]
An applicant for license under this Part shall file with the
Health Officer or Council's designee a written application signed
by himself, if an individual, by all partners if a partnership and
by the president or chief officer of a corporation or other organization,
upon forms provided by the Health Officer, together with five copies
of such application and a fee as hereinafter prescribed. The application
shall be sworn to by each of its signers before a notary public or
other officer authorized by law to administer oaths and shall include
the following information or material:
A.
Name, residence address and telephone number of each individual owner,
partner, or, if a corporation or other organization, each officer
and director.
B.
Trade names used during the previous five years by the applicant
and each person signing the application, along with the locations
of prior establishments.
C.
Name and addresses of employers of each person signing the application
during the previous five years.
D.
The trade name and address of the business on behalf of which application
is made and its telephone number, if assigned.
E.
The name, residence address and telephone number of each person employed
or intended to be employed in the business as of the time the application
is filed.
F.
Exact address or location of the place where the business is or is
proposed to be carried on, plus a sketch of the actual premises to
be used in connection with the business, giving distances in feet
and showing adjoining roads, property lines, buildings and uses.
G.
A description of the materials with which any buildings to be used
in connection with the licensed business are to be made; a sketch
giving distances, showing the location of such buildings on the business
premises; and a diagram or plan giving distances and heights, showing
floors, exits, entrances, windows, ventilators and walls.
H.
Such other information as the Health Officer or Council's designee
shall find reasonably necessary to effectuate the purposes of this
Part and to arrive at a fair determination of whether the terms of
this Part have been complied with.
[Ord. 6-2004, 6/9/2004]
1.
Upon receipt of an application for a junk dealer's license as provided
for herein, the Health Officer or Council's designee shall furnish
copies of same to the other members of the Public Safety Committee.
The Chief of Police shall cause an investigation to be made of the
applicant's business responsibility and moral character. The proposed
or existing premises and equipment with which the junkyard is being
or is to be operated shall be examined by the other members of the
Public Safety Committee or their duly appointed representatives. No
junk dealer's license shall be issued or renewed to operate a junkyard
at any new location or premises other than the specific and precise
location and premises where a licensed junk dealer is presently permitted
to conduct his business under Borough ordinance adopted November 19,
1956, entitled "An Ordinance Regulating and Requiring the Licensing
of Junk Dealers in the Borough of Conshohocken and Prescribing Penalties
for Violation."
2.
The Chief of Police shall approve the application only if he finds
that the applicant' business responsibility and moral character are
satisfactory and that all agents or officers of applicant, if any,
who will take part in the operation of such business are of good character
and reputation and capable of operating the business in a manner consistent
with public health, safety and good morals.
3.
The Code Enforcement Officer shall approve the application only if
he finds that any proposed or existing buildings or equipment with
which the junkyard is being or is to be operated conform to the requirements
of the Building Code and the requirements of this Part.
4.
The Borough Health Officer shall approve the application only if
he finds that the proposed or existing premises and equipment conform
to the requirements of this Part and all applicable health laws.
5.
The Fire Marshall shall approve the application only if he finds
that the proposed or existing premises and equipment conform to the
requirements of this Part and all applicable fire prevention laws.
6.
If any of the findings provided in subsections (2), (3), (4) and (5), above, are unfavorable to the applicant, the Chairman shall, within 30 days after filing of the application, notify the applicant that his application is disapproved and that no license will be issued. Upon request, he shall furnish the applicant with a brief written statement of the grounds upon which the application was disapproved. If the findings in subsections (2), (3), (4) and (5), above, are favorable to the applicant, the Chairman shall, within 30 days after the filing of the application, issue a junk dealer's license to the applicant if he finds:
A.
The applicant has obtained from the Code Enforcement Officer a certificate
to the effect that the junkyard will not be a violation of existing
zoning regulations.
B.
The license issued shall bear the following language on its face:
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IMPORTANT. This license applies only to the premises indicated
herein and authorizes the licensee to operate a junkyard in a lawful
place and manner only; it is not a substitute for any certificate
of occupancy, building permit, or other certificate or permit that
might be required by law of the licensee, and it does not relieve
the licensee of the responsibility to have all such required permits
or certificates at all times and comply with all laws affecting the
above described business."
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7.
The Health Officer or Council's designee shall keep a permanent record
of all applications filed and all licenses issued in accordance with
this Section.
[Ord. 6-2004, 6/9/2004]
1.
Unless otherwise provided by the Health Officer or Council's designee,
any license or renewal of license issued hereunder shall be effective
as of the date of its issuance and shall expire 12:00 p.m., December
31.
2.
An applicant for a renewal license shall file with the Health Officer
or Council's designee a written application upon forms provided by
the Health Officer or Council's designee, signed and sworn to in the
same manner required in the case of an original application, together
with five copies of the application and a fee as hereinafter prescribed.
The application shall contain such information about the applicant's
demeanor and the conduct and operation of the licensed business during
the preceding license period as is reasonably necessary to enable
the Health Officer or Council's designee to determine the applicant's
eligibility for a renewal license.
3.
All applications for renewals of license under this Part shall be
filed with the requisite license fee at least 60 days before the expiration
date of the same; provided, however, that the Health Officer or Council's
designee, in its discretion, may accept a renewal application filed
less than 60 days before the expiration date of the license with the
license fee, upon reasonable cause shown and the payment of the late
filing fee as established from time to time by resolution of Borough
Council. Where any such renewal application is filed less than 60
days before the expiration date or subsequent to the expiration date,
no license shall issue upon the filing of the renewal application
until the matter is finally determined by the Health Officer or Council's
designee. A renewal application will not be considered filed unless
accompanied by the requisite license fee and any additional late filing
fee required by this Part. Unless the Public Safety Committee shall
have given at least 10 days' previous notice to the applicant of objections
to the renewal of his license based upon violations by the licensee,
or his agents, servants or employees, of the provisions of this Part,
or failure of the applicant to comply with the provisions of this
Part or any provision of law applicable to the premises, equipment
or operation of the licensed business or based upon the licensed business
activity being conducted in a manner detrimental to the health, safety
or general welfare of the public or so as to constitute a public nuisance
or being carried on or conducted in any lawful manner, the license
shall be renewed.
[Ord. 6-2004, 6/9/2004]
The annual fee to be paid for any license or renewal of license
issued hereunder shall be that which is fixed by Council's resolution
from time to time.[1] No refund shall be made of any license fee after a license
has been issued.
[1]
Editor’s Note: The current Fee Resolution is on file
in the Borough offices.
[Ord. 6-2004, 6/9/2004]
No license issued under this Part shall be transferred or assigned
or used by any person other than the one to whom it was issued and
no junk dealer's license shall be used at any location other than
the one described in the application upon which it was issued.
[Ord. 6-2004, 6/9/2004]
1.
The following general operating requirements shall apply to all junk
dealers licensed in accordance with the provisions of this Part:
A.
The license issued pursuant to this Part shall be plainly displayed
on the business premises.
B.
The junkyard, together with things kept therein, shall at all times
be maintained in a sanitary condition.
C.
No space not covered by the license shall be used in the licensed
business.
D.
No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
E.
Weeds and vegetation on the premises, other than trees, shall be
kept at a height of not more than four inches.
F.
No garbage or other waste liable to give off a foul odor or attract
vermin shall be kept on the premises; nor shall any refuse of any
kind be kept on the premises, unless such refuse is junk as defined
herein and is in use in the licensed business.
G.
No junk shall be allowed to rest upon or protrude over any public
street, walkway or curb or become scattered or blown off the business
premises.
H.
Junk shall be stored in piles not exceeding 10 feet in height and
shall be arranged so as to permit easy access to all such junk for
firefighting purposes.
I.
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises; nor shall the
premises be allowed to become a fire hazard.
J.
Gasoline and oil shall be removed from any scrapped engines or vehicles
on the premises.
K.
No junk or other material shall be burned on the premises.
L.
No noisy processing of junk or other noisy activity shall be carried
on in connection with the licensed business on Sunday, Christmas,
Thanksgiving or at any other time between the hours of 6:00 p.m. and
7:00 a.m.
M.
If any part of a junkyard or of the premises where a junk dealer shall operate his business is located within 150 feet of land which is zoned for residential use under the Conshohocken Zoning Ordinance [Chapter 27] or any amendment thereto, the area on the premises where junk is kept shall be enclosed, except for entrances and exits, with a vertical wall or fence of a minimum height of six feet measured from ground level. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business, and shall be equipped with gates which shall be securely closed when the business is not in operation. The fence or wall enclosing the premises, except for the entrances and exits, shall have no opening or aperture therein which contains more than four square inches in area.
N.
The licensee shall permit inspection of the business premises by
the Health Officer or Council's designee at any reasonable time.
O.
No junk dealer licensed hereunder or his agent or employee shall
purchase or receive any junk for use in the licensed business from
any person under the age of 18 years without written consent of a
parent or guardian of such person. Such writing shall be held available
for inspection by the Health Officer or Council's designee for a period
of at least 48 hours.
P.
Each acquisition of junk shall be recorded in English in a permanent
type register kept on the business premises, giving the name and residence
address of the person from whom the acquisition was made, a description
of the junk acquired and the date of the transaction. Such data shall
be held available for inspection by the Health Officer or Council's
designee for a period of at least 48 hours.
Q.
Each acquisition of junk shall be kept on the licensed premises in
unchanged form for a period of at least 48 hours after its acquisition.
R.
No junkyard shall be allowed to become a nuisance; nor shall any
junkyard be operated in such manner as to become injurious to the
health, safety or welfare of the community or of any residents close
by.
[Ord. 6-2004, 6/9/2004]
The Health Officer or Council's designee shall inspect the junkyard
of all junk dealers licensed under this Part at least once a year
to determine whether such yards are being operated in accordance with
the provisions of this Part and other applicable provisions of law.
[Ord. 6-2004, 6/9/2004]
When the Health Officer or Council's designee determines that
the public interest so requires, it shall revoke or suspend the license
of any junk dealer or itinerant junk dealer when it finds after due
investigation that:
A.
The junk dealer or any agent or officer of such dealer who takes
part in the operation of the licensed business, or the itinerant junk
dealer is not of good character or reputation or is not capable of
operating the licensed business or carrying on the licensed activity
in a manner consistent with public health, safety and good morals.
B.
The junk dealer has failed to comply with the provisions of this
Part or any provision of law applicable to the premises, equipment
or operation of the licensed business.
C.
The licensee has obtained his license through any fraud or misstatement.
D.
The licensed business or activity is being conducted in a manner
detrimental to the health, safety or general welfare of the public,
or is a nuisance, or is being operated or carried on in any unlawful
manner.
E.
The licensed business or activity is no longer being operated or
carried on.
[Ord. 6-2004, 6/9/2004]
Any person aggrieved by an order of the Health Officer or Council's
designee granting, denying, renewing, suspending or revoking a license
for a proposed or existing business or activity subject to the provisions
of this Part may file a written request for a hearing before the Borough
Council within 10 days after issuance of such order. The Borough Council
shall give notice of a public hearing upon this request to be held
in not less than five days after service of the notice on the person
requesting the hearing. The Borough Council shall also give notice
of the hearing to other persons directly interested in the order in
question. At such hearing, the Borough Council shall determine whether
the granting, suspension, denial, renewal or revocation of the license
was in accordance with the provisions of this Part and shall issue
written findings of fact, conclusions of law and an order to carry
out its findings and conclusions. These findings of fact, conclusions
of law and order shall be filed with the secretary of Borough Council
and served by the Borough Council upon all parties appearing or represented
at said hearing. The Borough Council shall have the authority to affirm,
overrule, revoke, reverse or amend any order, action or determination
of the Health Officer or Council's designee.
[Ord. 6-2004, 6/9/2004]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues, after notice
thereof, shall constitute a separate offense.
[Ord. 6-2004, 6/9/2004]
This Part shall be known and may be cited as the "Conshohocken
Junk Dealer Ordinance of 1970."
