[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
Any activity in the Borough of New Eagle that involves junkyards or the operations of a junk dealer shall occur only as provided for herein. Any such activity or operation that is in violation of this chapter shall be subject to the penalties and sanctions provided for herein.
As used in this chapter, the following terms shall have the meanings stated herein.
- Any used or discarded material or article and shall include, but is not limited to, scrap metal and scrapped/nonoperating motor vehicles; any garbage or organic waste or any papers, rubbish, rags or other flammable article or material; new motor vehicle parts or used serviceable motor vehicle parts which have been removed from a motor vehicle or motor vehicles and placed for sale; any appliances not being utilized for personal use; and such other used or secondhand goods, materials or articles being held, stored or placed on the property and not being utilized for personal use.
- JUNK DEALER
- Any person, as hereinafter defined, who shall engage in the business of selling, buying, collecting, disposing and/or dealing in junk.
- Any natural person/individual, partnership, firm, corporation or other such entity.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in the business of a junk dealer in the Borough of New Eagle without first having obtained a license from the Borough Secretary, for which license the fee shall be $750 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 the junk dealer's business shall be established in the Borough on or after the first day of January, the license fee for such year shall be prorated on a monthly basis for the remainder of that year.
The license provided for in § 183-3 of this chapter shall be issued by the Borough Secretary 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 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 of New Eagle for the purpose of buying, selling, collecting 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 of the Borough, whether from a vehicle or upon foot, as a scavenger or an 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 of $10.
Every junk dealer shall constantly keep a permanent written record, which shall contain the time of the 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 the inspection of the police and any other official of the Borough of New Eagle.
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 shape, form or condition until such period of 48 hours shall have elapsed.
Every junk dealer licensed under this chapter shall constantly maintain the licensed premises in the manner prescribed by this section as follows:
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 to be a place for the breeding of rodents, vermin or insects.
No garbage or other organic waste, and no paper, rubbish, rags or other flammable articles or materials shall be stored in such premises.
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.
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 firefighting purposes.
No work shall be done on such premises in connection with the storage, dismantling, processing, transporting or removal of junk, nor shall such premises be open for business for the purchase or sale of junk at any time on the first day of the week, commonly called Sunday, or on any other day of the week before 7:00 a.m. or after 6:00 p.m.
The premises of the junk dealer or other places used and maintained for the collection, storage and disposal of used and secondhand junk, goods and materials shall be confined to an area enclosed by a tightly built solid fence or wall constructed of wood, brick, stone, concrete, cement block or other similar matter or materials, which shall be of a minimum height of eight feet. Such fence or wall shall screen the view of the junk, goods and material from the public and the properties surrounding the premises. Such fence or wall shall be in compliance with the Building Code of the Borough of New Eagle.
No advertising of any nature shall be displayed on the enclosure, fence or wall.
Any person who shall violate any of the provisions of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.