[Ord. 25-1961, 12/1/1961, § 1]
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 hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk.
Any natural person, partnership, firm or corporation.
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In this Part 2, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 25-1961, 12/1/1961, § 2; as amended by Ord.
91-O-11, 7/22/1991; and by Ord. 97-O-23, 12/3/1997, § I(2)]
After the effective date of this Part, no person shall engage
in business as a junk dealer in the Township of Newtown without first
having obtained a license from the Township Manager, for which license
the fee shall be established by resolution of the Board of Supervisors,
which fee may be amended by resolution from time to time. Such fee
as established shall be for the use of the Township. 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 commences business
in the Township 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 1/2 the yearly rate.
[Ord. 25-1961, 12/1/1961, § 3]
The license provided for § 202 of this Part 2 shall be issued by the Township Manager 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 hereunder. 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.
[Ord. 25-1961, 12/1/1961, § 4]
No person licensed under this Part 2 shall, by virtue of one
license, keep more than one place of business within the Township
of Newtown 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.
[Ord. 25-1961, 12/1/1961, § 5]
No license issued under this Part 2 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
to the Township Manager for a transfer of such license to him and
shall pay a transfer fee of $20.
[Ord. 25-1961, 12/1/1961, § 6]
Every junk dealer 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 the premises upon which junk
is stored shall be inspected twice yearly at intervals no less than
five months apart by the Chief of Police or any other official of
the Township Newtown authorized by the Supervisors, and such book
and junk received or handled by any junk dealer shall at all times
be subject to the inspection of the Chief of Police and any other
official of the Township of Newtown who is properly authorized.
[Ord. 25-1961, 12/1/1961, § 7]
Every junk dealer, licensed under this Part 2, 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.
[Ord. 25-1961, 12/1/1961, § 8]
Every junk dealer who maintains a premises for the storage of
junk, other than in a building, any part of which is located within
100 feet of the right-of-way of any street or highway and within the
Township of Newtown, shall erect and maintain in good repair an opaque
fence of substantial construction at least 12 feet in height and surrounding
the entire area, or if the entire area is not within the Township
of Newtown, then only so much of it as is within said Township, in
which such junk is stored. No junk shall be piled higher than the
fence.
[Ord. 25-1961, 12/1/1961, § 9]
1.
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.
2.
No garbage or other organic waste, and no paper, rubbish, rags or
other flammable articles or materials shall be stored in such premises.
3.
No upholstery, rubbish, rags or other flammable materials or waste
shall be set afire nor be permitted to burn on the premises.
4.
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.
5.
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.
6.
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., prevailing time.
[Ord. 25-1961, 12/1/1961, § 10; as amended by Ord.
91-O-11, 7/22/1991; as amended by Ord. 97-O-22, 12/3/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, 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 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
