[HISTORY: Adopted by the Borough Council of the Borough of Irwin 1-18-1965 by Ord. No. 3-1965 (Ch. 13, Part 4, of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 169.
Peddling and soliciting — See Ch. 180.
Zoning — See Ch. 260.
[Amended 4-10-1967 by Ord. No. 4-1967]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
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 metal and scrapped motor vehicles or the storage of any nonoperating motor vehicles and shall not include any garbage or other organic waste or any paper, rubbish, rags or other flammable article or material.
JUNK DEALER
Any person who shall engage in the business of selling, buying and dealing in junk to any degree, whether a major portion of his business or not.
PERSON
Any natural person, partnership, firm or corporation.
B. 
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 4-10-1967 by Ord. No. 4-1967; 5-12-1975 by Ord. No. 619; 7-7-1993 by Ord. No. 791]
A. 
No person shall engage in business as a junk dealer in the Borough without first having obtained a license from the Manager, for which license the fee shall be in an amount as established from time to time by resolution of the 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, in any case where a junk dealer's business shall be established in the Borough on or after the first day of January in any year, the license fee payable by such junk dealer for the remainder of such year shall be at a prorated yearly rate.
B. 
On and after April 10, 1967, no new license shall be granted to engage in business as a junk dealer in the Borough except as a renewal or transfer license as granted under the provisions of this chapter.
[Amended 5-12-1975 by Ord. No. 619]
The license provided for in § 154-2 of this chapter shall be issued by the Manager after application shall have been made therefor by the owner 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 in a conspicuous place 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 or 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 of the Borough, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.
[Amended 7-7-1993 by Ord. No. 791]
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 in an amount as established from time to time by resolution of the Borough Council.
Every junk dealer shall provide and shall constantly keep a book in which shall be legibly written down in the English language, at the time of the receipt or purchase 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 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 Police Department of the Borough, Chief of the Fire Department, and Health Officer of the Borough.
Every 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 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 have elapsed. This section shall not apply to the return of junk to the person from whom received where received only for temporary storage.
[Amended 5-12-1975 by Ord. No. 619]
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 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 such premises; nor shall there be any burning of any abandoned, wrecked or inoperable vehicle on the licensed premises.
C. 
All gasoline, oil or other inflammable substances shall be drained from any junked, wrecked or abandoned vehicles, and the same shall be disposed of in a safe and sanitary manner, but in no event shall any person pour or dispose of such substance through any sewer, public or private.
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 fire-fighting purposes.
E. 
No operations shall be performed on a licensed premises on Sunday which shall involve scrapping, junking, disassembling or otherwise causing loud offensive sounds.
F. 
No abandoned, wrecked or inoperable vehicle shall be parked, stored or left standing in the front of any building facing a public street or highway; provided, further, that all such aforesaid vehicles shall be parked, stored or left standing at least 20 feet from all property lines of the premises upon which such business is conducted and licensed; and provided, further, that no such vehicles shall be permitted to be stored or stacked one upon the other.
G. 
No license shall be granted to any person having been convicted of any crime involving larceny, burglary or any crime involving receiving of stolen goods or the dealing therein or of the delivery of stolen property in any way, or breaches of the peace.
H. 
All junkyards shall be enclosed by a fence of type and style to be determined by Council or by evergreen plantings, or both.
[Amended 4-10-1967 by Ord. No. 4-1967; 5-12-1975 by Ord. No. 619; 5-12-1975 by Ord. No. 623; 7-7-1993 by Ord. No. 791]
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.