[Ord. 92, 9/14/1964, § 1]
This Part shall be known and may be cited as "Honey Brook Borough
Junk Ordinance."
[Ord. 92, 9/14/1964, § 2]
1.
BOROUGH
COUNCIL
JUNK
JUNK DEALER
JUNKYARD
LICENSEE
PERSON
Unless otherwise expressly stated the following words and phrases
shall be construed throughout this Part to have the meanings indicated:
Honey Brook Borough, Chester County, Pennsylvania.
The Borough Council of the Borough of Honey Brook.
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, and shall not include
any garbage or other organic waste, or any paper, rubbish, rags or
other flammable article or material.
Any person as herein defined, who shall engage in the business
of selling, buying, salvaging, and dealing in junk and who maintains
and operates a junkyard within the Borough of Honey Brook.
Any place where any junk as herein defined, is stored, disposed
of, or accumulated.
Any person, as herein defined, who shall engage in the business
of buying, storing, selling, and otherwise dealing in junk and who
operates and maintains a junkyard within the Borough limits of the
Borough of Honey Brook.
Any partnership, association, firm or corporation, or any
natural person.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 92, 9/14/1964, § 3; as amended by Ord. 193,
7/16/2007]
No person shall engage in business as a junk dealer in Honey
Brook Borough without first having obtained a license from the Borough
Council, for which license a fee in an amount as established from
time to time by resolution of Borough Council shall be changed 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 July in any year, the license fee payable by such junk dealer
for the remainder of such year shall be at one-half the yearly rate.
[Ord. 92, 9/14/1964, § 4]
The license provided for in this Part shall be issued by the
Borough Council after written application, stating proposed premises
from which such business is to be conducted, shall have been made
therefor by the person desiring to be licensed. The written application
submitted by the applicant shall follow the form adopted by Council,
and shall be accompanied by a plot plan of the premises proposed to
be used as a junkyard. The license, when issued, 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 the business purposes by such dealer.
[Ord. 92, 9/14/1964, § 5]
Upon receipt of an application by the Council, the Council shall
issue a license or shall refuse to issue a license to the person applying
therefor after an examination of the application and taking into consideration
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby, and
the effect of the proposed use upon the Borough, both economic and
aesthetic. In the event the Council shall issue a license, it may
impose upon the license and the person applying therefor such terms
and conditions in addition to the regulations herein contained and
adopted pursuant to this Part as may be deemed necessary to carry
out the spirit and intent of this Part.
[Ord. 92, 9/14/1964, § 6]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Borough of Honey Brook
for the purpose of buying, selling, displaying, storing and dealing
in junk. Nor shall any person engage in such business as a junk dealer
in any place other than the place designated under his license.
[Ord. 92, 9/14/1964, § 7; as amended by Ord. 193,
7/16/2007]
No license issued under this Part 3 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 the transfer of such license to him and shall pay a transfer in
an amount as established from time to time by resolution by Borough
Council.
[Ord. 92, 9/14/1964, § 8]
Every person licensed under this Part shall provide and shall
constantly keep a book in which shall be fairly written down in the
English language at 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, shall at all times be subject to the inspection of the
Borough police and any other Borough inspector authorized by the Council.
[Ord. 92, 9/14/1964, § 9]
Every person, licensed under this Part, 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 a period of 48 hours shall have elapsed.
[Ord. 92, 9/14/1964, § 10]
Every person, licensed under this Part, shall constantly maintain the licensed premises in the manner prescribed by this § 10-310, as follows:
A.
Such premises shall at all times be maintained so as not to contribute
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.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom,
and no gasoline or oil shall be permitted to remain on 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 firefighting
purposes.
E.
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 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.
F.
A person licensed under this Part shall not burn any materials in
the junkyard area without permission of the Borough Fire Marshal and
under his supervision.
G.
When required by Council, the premises to be licensed shall be enclosed
by a fence of type and style determined by Council.
[Ord. 92, 9/14/1964; as added by Ord. 193, 7/16/2007]
This Part supersedes any other conflicting provisions which
may be in effect. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this Part and the provisions of any other ordinance, it is the
intent of the Borough that the more restrictive provision shall apply.
[Ord. 92, 9/14/1964, § 11; as amended by Ord. 131,
4/1/1985; and by Ord. 193, 7/16/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall 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 shall constitute
a separate offense.
