[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall engage in business as a junk dealer in the Borough
of Blawnox without first having obtained a license from the Borough
Manager, for which license the fee shall be in an amount as set from
time to time by resolution of Borough Council 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The license provided for in §
322-2 shall be issued by the Borough Manager after application shall have been made by the person desiring to be licensed. Such application 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 business purposes by such dealer.
No person licensed under this chapter shall, by virtue of one
license, keep more than one business within the Borough of Blawnox
for the purpose of buying, selling, or 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 an itinerant
buyer or seller of junk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No license issued under this chapter shall be transferable from
one person to another person, except when 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
in an amount as set from time to time by resolution of Borough Council.
Every junk dealer shall provide and constantly keep a book in
which shall be clearly 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 of such purchase or
receipt, and the name of 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 Chief of Police and any other official of the Borough
of Blawnox.
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 manner and form prescribed by
this section, as follows:
A. 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.
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. 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.
D. 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.
E. Such premises shall not be open for business nor shall any work be
done therein or thereupon in connection with the storage, processing
or transporting, receiving or removal of junk except between the hours
of 7:00 a.m. and 6:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Allegheny County.
All ordinances or parts of ordinances conflicting with the provisions
of this chapter be and the same are hereby repealed insofar as the
same affects this chapter.