No person shall engage in business as a junk dealer in the Borough of Homestead without first applying for and obtaining a license therefor pursuant to the provisions of Chapter
13, Part
1, Licensing Standards. Such license shall be renewed annually on or before the first day of January of each year, provided that in any case where a junk dealer's business shall be established in the Borough on or after the first day of July in any year, the license fee payable by such junk dealer for the remainder of each year shall be at 1/2 the yearly rate.
The 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 Part shall, by
virtue of one license, keep more than one place of business within
the Borough of Homestead for the purpose of buying, selling and dealing
in junk; nor shall any such person engage in business as a junk dealer
in any other place 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.
No person licensed under the provisions of this
Part shall receive or purchase materials from minors.
No license issued under this Part 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 as provided in Chapter
13, Part
1, Licensing Standards.
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 all junk purchased, received
or handled by any junk dealer, and also the licensed premises, shall
at all times be subject to the inspection of the officials of the
Borough of Homestead.
Every junk dealer licensed under this Part 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 Part shall
constantly maintain the licensed premises in the manner prescribed
by this section, as follows:
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. 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.
4. 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 fire-fighting
purposes.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation
of this Part 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 Part
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 Part in equity in the Court of Common Pleas of Allegheny County.