[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 198.
Abandoned or stored vehicles — See Ch. 270.
[Adopted 11-15-1957 by Ord. No. 310 (Ch. 13, Part 6, of the
1999 Code of Ordinances)]
A.
JUNK DEALER or SCRAP DEALER
JUNK or SCRAP
LICENSE YEAR
PERSON
As used in this article, the following terms shall have the meanings
indicated:
Any person, hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk and/or scrap material.
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse and shall include but not be limited
to scrap iron, metal and scrapped motor vehicles and shall not include
any garbage or other organic waste.
Shall be from April 1 to March 31 of each calendar year;
a period of 12 months.
Any natural person, partnership, firm or corporation.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and neuter.
[Amended 3-16-1999 by Ord. No. 1094]
No person shall engage in business as a junk dealer or scrap
dealer in the Borough of West Mifflin without first having obtained
a license from the Borough, for which license the fee shall be as
established from time to time by resolution of Borough Council for
each and every license year or part of a license year. Such license
shall be renewed annually on or before the first day of April of each
year.
The license provided for in § 158-2 hereof shall be issued by the Borough Secretary after application shall have 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. Said application shall be accompanied by a sketch or survey of the property used for the conduct of said business, said sketch or survey to show thereon the various means of ingress and egress to and from said premises, the location and size of the buildings erected thereon and the entrances thereto. Said application shall also include the names and addresses of the person or persons who are to be contacted by the Borough of West Mifflin in cases of emergency occurring on said licensed premises.
Such license, following the issuance thereof, shall be posted
conspicuously upon the premises licensed thereunder. The name of the
licensed junk or scrap dealer and the number of the license under
which he operates shall be placed in a conspicuous place on the outside
of every vehicle used for business purposes by such dealer.
[Amended 3-16-1999 by Ord. No. 1094]
No license issued under this article shall be transferable from
one person to another person; except, however, when the ownership
of the licensed premises shall change. In any such case, the new owner
shall apply for transfer of such license to him and shall pay unto
the Borough of West Mifflin a transfer fee as established from time
to time by resolution of Borough Council.
Every junk or scrap dealer shall provide and shall constantly
keep and maintain a book or other record containing therein a description
of every motor vehicle purchased or received by him, including the
date and hour of said purchase or receipt, and the person from whom
said vehicle was purchased or received. Such record and all vehicles
purchased, received or handled by any junk or scrap dealer shall at
all times be subject to inspection of the Chief of Police or any other
official of the Borough of West Mifflin.
Every junk dealer or scrap dealer licensed under this article
shall keep and retain upon the licensed 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 elapse.
Every junk or scrap dealer licensed under the provisions of
this article shall be accorded the privilege of installing in the
police station of the Borough of West Mifflin a burglar alarm for
the added protection of the premises licensed hereunder. Said alarm
system shall be installed and maintained by the said licensed dealer,
and the Borough of West Mifflin shall not be responsible for the installation,
maintenance or care of said alarm system, which shall remain the property
and responsibility of the dealer at all times.
Every junk or scrap dealer licensed under this article 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 menace to the health of the community or of a residence
nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste and/or materials shall be stored
in such premises.
C.
Whenever a 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 inspection and
fire-fighting purposes.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, 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 article continues shall constitute
a separate offense.
[Adopted 8-17-1999 by Ord. No. 1098 (Ch. 13, Part 8, of the
1999 Code of Ordinances)]
No person shall engage in the business of being an antique or
secondhand dealer without first obtaining a license from the Borough
of West Mifflin.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of West Mifflin.
Natural persons, as well as corporations, partnerships, business
units and associations.
The Police Department of the Borough of West Mifflin.
Any person who, either wholly or partly, engages or operates
the trade or business of buying and selling used goods such as antiques,
precious stones, semiprecious stones, metals and jewelry, tools, electrical
devices, fixtures, appliances, secondhand cars, automobile accessories
or tires, household goods, firearms, coins, trading cards, or any
other type of secondhand article or goods that are purchased, salvaged,
traded or received from any person.
Every person who is engaged in the business of being an antique
or secondhand dealer shall obtain a license from the Borough of West
Mifflin.
An application for such license shall be on a form as prescribed,
from time to time, by the Borough of West Mifflin.
A license fee shall be $50 per year. Such fees shall be paid
to the Borough of West Mifflin for its general fund. Council of the
Borough of West Mifflin shall have the right to establish a different
annual fee, from time to time, by either motion or by resolution adopted
at a public meeting of Council of the Borough of West Mifflin.
The license shall be valid for a calendar year commencing January
1 and terminating December 31. A license fee shall not be prorated,
regardless of the date acquired.
All license applications shall be a public record available
to the general public for inspection.
A.
Every secondhand and/or antique dealer shall keep a book, legibly
written in the English language at the time of acquiring articles
in the course of business, which book shall contain:
B.
The secondhand and/or antique dealer has the responsibility to verify,
by either a photo identification or other appropriate means of identification,
the accuracy of the information required to be logged and kept by
this section.
Every secondhand or antique dealer shall furnish by 12:00 noon Monday to the Police Department of the Borough of West Mifflin information specified in § 158-18 of the previous business week.
No secondhand or antique dealer shall sell or dispose of in
any way, until 30 days after purchase, any of the following secondhand
articles or goods: antiques, precious stones, semiprecious stones,
coins, all jewelry, watches, gold or old gold, platinum, silver or
other precious metals, televisions, radios, CD or tape players, camcorders,
video recorders, speakers or any similar articles or things. No secondhand
or antique dealer shall sell or dispose of in any way any other secondhand
article or goods not listed above until 10 days after purchase of
the same.
No secondhand dealer or antique dealer shall purchase any article from any person under 18 years of age, nor from any intoxicated person. No secondhand dealer or antique dealer shall purchase from any person who is known to be or is reputed to be a thief or drug addict or has a reputation of being a thief or drug addict until two days after the report containing the information set forth in § 158-18 of this article is delivered to the West Mifflin Police Department, and the Police Department informs the aforesaid dealers that there are no reports that the items were stolen.
No secondhand dealer or antique dealer licensed as aforesaid,
his clerk, agent, servant or employee shall violate any of the provisions
of this article, or, if any licensed secondhand dealer or antique
dealer is convicted of robbery, burglary, larceny, receiving stolen
goods, or any other crime involving the unlawful obtaining of personal
property, or for any sufficient cause, the Chief of Police shall revoke
such license.
Any person, association, partnership or corporation who engages
in or carries on the business of a secondhand dealer or antique dealer
without a license or who violates any provision of this article shall,
upon conviction by the proper judicial authorities, be sentenced to
pay a fine of $600, plus costs. Each day of engaging in the business
without a license shall be considered a separate offense, and each
transaction improperly recorded or reported shall be considered a
separate offense, and, upon conviction, shall be sentenced to pay
a fine of $600, plus costs, for each separate offense. This penalty
of a fine, plus costs of prosecution, is in addition to the right
of the Chief of Police to revoke a license for cause. No license fee
shall be rebated for any license revoked for cause or voluntary surrender.
This article shall become effective 30 days from the date of
enactment.
