[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy 6-8-1970 by Ord. No. 333 (Ch. 13, Part 2, of the 1992 Code
of Ordinances). Amendments noted where applicable.]
A.
JUNK
JUNK DEALER
PERSON
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse, and shall include, but shall not
be limited to, scrap metal and scrapped motor vehicles or any paper,
rubbish, rags or other flammable article or material.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk.
Any natural person, partnership, association, firm or corporation.
B.
Interpretation. In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine and the neuter.
[Amended 9-14-1992 by Ord. No. 497]
No person shall engage in business as a junk dealer in the Borough
of Mount Joy without first having obtained a license from the Mayor,
for which license a fee shall be established from time to time by
resolution of Borough Council for each and every calendar year, such
fee to be for the use of the Borough. Such license shall be renewed
annually on or before the first day of January of each year, provided
that, in any case where a junk dealer's business shall be established
in the Borough on or after the first day of July in any year, the
license fee payable by such junk dealer for the remainder of such
year shall be at half the yearly rate.
The license provided for in § 153-2 hereof shall be issued by the Borough Council after application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder. The name of the licensed junk dealer and the number of the license under which he operates shall be placed conspicuously on the outside of every vehicle used for business purposes by such dealer.
No person licensed under this chapter shall, by virtue of one
license, keep more than one place of business within the Borough for
the purpose of buying, selling and dealing in junk; nor shall any
such person engage in business as a junk dealer in any place other
than the place designated upon his license; 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 itinerant buyer
or seller of junk.
No license issued under this chapter shall be transferable from
one person to another person except when the ownership of a licensed
premises shall change. In any such case, the new owner shall apply
for a transfer of such license to him and shall pay a transfer fee
as established from time to time by resolution of Borough Council.
Every junk dealer shall provide and shall constantly keep a
book, in which shall be recorded, in the English language, at the
time of purchase or 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 name and address of 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 inspection by the Chief of Police or any other
official of the Borough.
Each junk dealer licensed under this chapter shall keep and
retain upon the licensed premises, for a period of 48 hours after
the purchase or receipt thereof, all junk purchased or received 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.
[Amended 9-14-1992 by Ord. No. 497]
Every junk dealer licensed 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.
B.
Such premises shall at all times be maintained in strict conformity with all applicable provisions of Chapter 195, Property Maintenance.
C.
No garbage or other organic waste shall be stored in such premises.
D.
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.
E.
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.
F.
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 Sunday or on any other day of the
week before 7:00 a.m. or after 6:00 p.m.
G.
The premises used for the storage of junk, except for the portion
thereof within an enclosed building, shall be enclosed with a fence,
of boards or other solid permanent-type material, of a height of at
least the maximum height of any pile or stack of junk contained in
such enclosure.
[Amended 9-14-1992 by Ord. No. 497]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
