[HISTORY: Adopted by the Township Council of the Township of Upper Darby as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-1953 by Ord. No. 1107]
From and after the 1st day of January 1954, it shall be unlawful and it is prohibited for any person to pick over or removed rubbish or refuse which has been placed for removal and disposal in receptacles of the Township of Upper Darby unless a license has been granted as hereinafter provided.
A. 
Application for a license to operate as a junker shall be made in a form to be supplied by the Township and shall be issued by the Secretary upon the approval of the application and payment of the license fee.
B. 
The license shall be in a form prepared by the Secretary and similar to other licenses issued by the Township and shall bear a number.[1]
[1]
Editor's Note: Original sections 3 and 4, pertaining to junkers' trucks, which immediately followed, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All licenses issued hereunder are personal and are not transferable. The use of a license by a person other than the licensor shall cause the license to be revoked.
[Amended 12-31-1969 by Ord. No. 2094; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The license fee for each calendar year shall be in the sum as set from time to time by Township Council. If a license is issued during the year, the license fee shall be prorated.
No junker shall operate after sunset or before sunrise and, in no event, before 7:00 a.m. or after 7:00 p.m.
Every junker, upon demand of a police officer, in uniform, shall permit an examination of the contents of his vehicle or of any receptacles therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Before any license shall be issued as aforesaid the junker shall exhibit to the Township Secretary proof that he carries property damage insurance and public liability insurance as required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Trucks of junkers must be currently licensed, registered and kept in good condition.
[Amended 1-5-1954 by Ord. No. 1112; 3-4-1955 by Ord. No. 1173; 5-3-1955 by Ord. No. 1179; 1-3-1956 by Ord. No. 1217]
Not more than 25 junkers shall be licensed to operate in the Township. Not more than one truck shall be operated at one time in the Township by a junker individually or by his agents or employees.
Disorderly conduct or noncompliance with the provisions of this article shall be cause for revocation of the license of the junker.
[Amended 2-6-1985 by Ord. No. 2644; 5-1-1985 by Ord. No. 2647]
Any person, copartnership, association or corporation, who shall be found guilty of violating any of the provisions of this article, on summary conviction before any Magisterial District Judge of the Township of Upper Darby, shall be liable to a fine of not more than $300 and, in default thereof, to be sentenced to the County Jail for a period not exceeding 30 days. Each violation of the provisions of this article shall be considered a separate offense for each day of duration.
[Adopted 5-1-1985 by Ord. No. 2646]
As used in this article, the following words and phrases shall have the meanings respectively assigned to them by this section:
JUNKERS
Any person, copartnership, association or corporation, licensed by the Township of Upper Darby to pick over or remove rubbish or refuse which has been placed for removal and disposal in receptacles of the Township of Upper Darby, as provided for in Article I of this chapter.
PAPER PRODUCTS
Shall include newspapers, magazines and periodicals, catalogs, telephone directories, junk mail and paperback books. Cardboard and paper boxes or paper products chemically coated are not considered "paper products" for purposes of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be a violation of this article for any junker to pick over or remove recyclable products which have been separated from other refuse and which is collected by the Township of Upper Darby or, under subcontract, by its designated agent. Any and each such removal by a junker in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.