Borough of Larksville, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Larksville 2-3-1964 (Ch. 108 of the 1987 Code). Amendments noted where applicable.]
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
Any discarded material or article 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 organic waste or any paper, rubbish, rags or other flammable articles or materials.
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. Whenever used in any clause prescribing or imposing a penalty, the term "person," as applied to copartnerships or associations, shall mean the partners or members thereof and, as applied to corporations, the officers or directors thereof.
Word usage. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to establish a business as a junk dealer upon any private or public property in the Borough of Larksville within a distance of 500 feet of any building occupied as a dwelling or within 300 feet of any building used or occupied for any other purpose whatever.
[Amended 1-14-1981 by Ord. No. 3-1981; 12-12-1981 by Ord. No. 18-1981; 11-30-1983 by Res. No. 12-1983; 12-11-1991 by Ord. No. 8-1991]
No person shall engage in business as a junk dealer in the Borough of Larksville without first having obtained a license from the Mayor, for which license the fee shall be $500 for each and every calendar year, effective January 1, 1992, 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 and every year.
The license provided for in § 282-3 of this chapter shall be issued by the Mayor 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 shall 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 Larksville 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; 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 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 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 vehicle, 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 Larksville.
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.
Every junk dealer licensed under this chapter shall constantly maintain the licensed premises in the same 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 a place for the breeding of rodents and vermin.
No garbage or other organic waste and no paper, rubbish, rags or other flammable articles or materials shall be stored on 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.
Such premises shall not be open for business, nor shall any work be done therein in connection with the storage, processing and transportation or removal of junk, at any time on the first day of the week, commonly called "Sunday," or any other day of the week before 7:00 a.m. or after 6:00 p.m.
[Amended 12-30-1987 by Ord. No. 3-1987]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, or to imprisonment for a term not to exceed 30 days, provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.