[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe 11-12-1934 by Ord. No.
A-230 (Ch. 13, Part 4, of the 1993 Code of Ordinances).
Amendments noted where applicable.]
[Amended 6-14-1976 by
Ord. No. (4)]
No person, firm or corporation, either as principal or agent,
shall use, exercise or carry on the trade or business of buying, selling
and dealing in junk, rope, scrap iron, lead, brass, copper or other
metals and rags and bones and other materials commonly termed "junk"
within the limits of the Township of Stowe without first having obtained
a license from the Township Secretary, which license shall be dated
the first day of December, 1934, for each year and shall be renewed
annually on the first day of December of each and every year, and
shall be granted only upon and subject to the terms, conditions and
provisions hereinafter set forth.
Such persons, firms and corporations engaged in said business
shall be divided into two classes, to wit: first class, to be known
as "merchants," and second class, to be known as "peddlers." The first
class shall include all persons, firms and corporations having a yard,
house, building or other place or premises as a fixed location for
the conduct of said business. The second class shall include such
persons as shall have no fixed location for the conduct of said business,
but who shall conduct the same by wagon, truck, pushcart, sack or
other conveyance.
[Amended by Ord. No. 6-14-1976(4)]
The Township Secretary shall grant licenses to all proper persons,
firms and corporations who may apply for the same to use, exercise
and carry on the trade or business of buying, selling and dealing
in junk, rope, scrap iron, brass, copper or other metals, and rags,
bones and other materials commonly termed "junk" which license shall,
in the case of a merchant, set forth the exact location wherein said
merchant is authorized to conduct said business.
[Amended 7-14-1986 by Ord. No. 696; 2-9-1988 by Ord. No. 710; 11-9-1993 by Ord. No. 760]
A. Merchants. A merchant shall, before receiving any license or any
renewal thereof, pay to the Treasurer of the Township of Stowe therefor
such sum as shall be established from time to time by resolution of
the Board of Commissioners, whether the said license be issued for
a year or a part of a year.
B. A peddler shall, before receiving any license or any renewal thereof,
pay to the Treasurer of the Township of Stowe therefor such sum as
shall be established by resolution of the Board of Commissioners,
whether the said license be issued for a year or a part of a year.
No person, firm or corporation licensed as a merchant, as provided
in this chapter, shall, by virtue of one license, keep more than one
place of business for the purpose of buying, selling and dealing in
any of the articles and materials named in this chapter, nor shall
he or they at any time buy, sell or deal in such articles and goods
in a place other than that for which such license is granted.
All persons, firms or corporations licensed as merchants under
the provisions hereof shall keep and retain on their premises such
junk, rope, scrap iron, brass, lead, copper and other metals, and
rags, bones and other materials commonly termed "junk" in their original
forms, shapes and conditions for a minimum period of 48 hours and
shall not add to, reduce, change or alter such original forms, shapes
or conditions, nor sell, trade, give away, or dispose of any such
materials, until such minimum period of 48 hours shall have elapsed.
Every peddler licensed under the provisions of this chapter
shall dispose of any and all materials mentioned in this chapter which
he shall purchase, procure, obtain or have in his possession as such
dealer to a regularly licensed merchant under the provisions of this
chapter at or before high noon of the day following his purchasing,
procuring, or obtaining the said material or materials; and it shall
be unlawful for any peddler licensed under the provisions of this
chapter to store, or cause to be stored, any of the material or materials
mentioned in this chapter in any yard, stable, barn, house, outhouse,
dwelling or other building or place whatsoever for any period longer
than is necessary to dispose of the same as hereinabove provided.
No person, firm or corporation licensed hereinunder shall receive
or buy from minors or unknown or irresponsible persons, firms or corporations
any junk, rope, scrap iron, brass, lead, copper or other metals, or
rags, bones or other materials commonly known as "junk."
The premises of all persons, firms or corporations licensed
hereunder shall be accessible at all times to the Police Department
of the Township for the purpose of examining, inquiring into and searching
for any articles and materials which may be received or purchased
under the provisions of this chapter, and the places of business conducted
by merchants so licensed shall not open for the transaction of business
before 7:00 a.m. and shall close promptly at 6:00 p.m.
[Amended by Ord. No. 6-14-1976(4)]
No license shall be granted to a merchant under this chapter
until the Board of Township Commissioners has ascertained that his
operations are in conformity with all applicable laws and ordinances.
Every person, firm and corporation licensed hereunder shall so conduct
the business for which such license shall have been granted that the
same shall not constitute a nuisance, and all such places of business
and vehicles and equipment of all such license holders shall be subject
to inspection by persons designated for the purpose by the Board of
Township Commissioners during the business hours herein provided.
Licenses are not transferable and shall be exhibited upon request
of any police officer. Licenses may be suspended by the Board of Commissioners
when it shall deem such suspension to be of benefit to the public
health, safety or morals.
[Amended by Ord. No. 6-14-1976(4); 11-9-1993 by Ord.
No. 760]
If any person, firm or corporation shall violate one or more
of the provisions or requirements of this chapter, he or it shall,
upon conviction thereof, be subject to pay a fine of not more than
$600, and costs of prosecution, for each and every violation thereof,
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days.