[HISTORY: Adopted by the Council of the Borough of Lawnside during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
JUNK DEALER
A person who keeps a junkyard in the borough or who maintains within the borough as a business any yard, space or place, not completely enclosed within a building, for the purpose of buying, selling, exchanging, storing, processing or preparing for sale or use old, secondhand, used, discarded or scrapped metals, bottles, glassware, tinware, paper bags, rubber goods, plumbing, heating and electrical equipment, fittings, fixtures and appliances, whole motor vehicles which are unregistered or, if registered, no longer fit for reconditioning for use in highway transportation, or motor or other vehicles which are wholly or partly dismantled or used parts or scraps therefrom, or any other old, second-hand, used, discarded or scrapped material commonly called "junk."
JUNKYARD
A place of business in the borough where unregistered motor vehicles unfit for reconditioning for use in highway transportation, or used parts thereof or other obsolete vehicles, equipment, appliances or meted scrap having junk salvage value are purchased by a dealer in such commodities and deposited and stored by such dealer for display and sale of used parts or scrap metal on any open lot or area of vacant land.
No person shall engage in business as a junk dealer unless he obtains a license from the Council in accordance with the provisions of this chapter.
The annual fee for a license to conduct the business of a junk dealer shall be $125 per year. No license pursuant to the provisions of this chapter shall be issued, and no renewal of an existing license shall be granted, until the full amount of the fee has been paid to the Clerk of the borough.
Each license issued pursuant to the provisions of this chapter shall apply only to the premises shown on the survey furnished by the licensee with the application for the license. The licensee may not use any other premises.
An application for a junk dealer license shall be made by the applicant in writing, on forms approved by the Council and furnished to the applicant at the office of the Borough Clerk. The application shall be submitted under oath and shall set forth the name and address of the person who will conduct the business of a junk dealer and the names and addresses of all persons having a beneficial interest in the said business. It shall set forth an accurate description of the premises for which the license is sought, as shown by a survey to be attached. It shall contain such other detailed information as to the character and location of the business as may be required by the Council to determine whether the issuance of the license sought would serve the public interest.
In each application, except in the case of an application for renewal of a license, the applicant shall undertake to defray the expense to the borough of the public hearing on his application. In addition and simultaneously with the filing of his application, the applicant shall deposit with the borough $50 to defray the borough expense for the public hearing, including advertisement costs. If that sum should be exhausted, he shall deposit such additional sums as the borough may require. Upon final action on any application, the borough shall refund to the applicant the sum or sums so deposited less the expenses incurred or paid by it in connection with the application and the hearing thereon.
A. 
Upon the filing of the application with the Borough Clerk and the making of the deposit for costs, written notice shall be given to the applicant, and public notice shall be given by advertisement in a newspaper circulating in the borough at least seven days prior to the hearing, of the time and place fixed for the hearing to be held before the Council on the issuance of the license. In the case of an application for renewal of a license, the Council may dispense with the requirement for public notice. The applicant and all interested persons shall have reasonable opportunity to be heard at said hearing.
B. 
No license shall be granted under this chapter unless it appears after the public hearing that the issuance of such license would not cause unreasonable depreciation of surrounding property or be otherwise adverse to the best interests of the borough.
C. 
No license shall be granted under this chapter to any person who has been convicted of the crime of receiving stolen goods, nor shall a license be issued to any corporation which includes as a stockholder, director or officer a person who has been convicted of such a crime.
Each licensee under this chapter shall install enclosed sanitary facilities upon the premises for the use of all personnel upon the premises in connection with the business in accordance with regulations of the Department of Health and ordinances of the borough.
The licensed premises shall be maintained and kept in such a manner as will prevent the habitation and breeding of rodents or vermin in the ground under junk piles or in or about such piles and as will prevent the accumulation of stagnant water on the ground in or about such piles of junk. The licensee shall comply with all orders issued by the Health Officer which are designed to eliminate the breeding of rodents or vermin.
Each licensee shall keep a record of all vehicles, appliances or junk purchased in the course of business, setting forth the identity of the items purchased, the dates of such purchases, the names and addresses of the sellers and the amounts paid therefor. Such records shall be available for inspection to all law enforcement officers or other persons having lawful authority to make inquiry as to the source from which the junk material was acquired, the nature of the transaction and the title of the seller.
A. 
The premises used by the licensee for the business of a junk dealer shall be enclosed by a suitable fence to limit exit or entrance to identified places. Reasonable safeguards and precautions shall be taken in the construction and maintenance of said fence so as to prevent ready access to the premises by unauthorized persons or by children attracted to enter the same. That part of the fence which separates the premises used for the business of a junk dealer from an area or areas used by persons for other uses shall be constructed of wood, metal or other suitable nontransparent material at least nine feet in height for the purpose of creating a sight barrier. It is the intention of the Council to require said fence to be so constructed as to provide an effective sight barrier, and, if it is deemed necessary to accomplish said purpose, to require the premises used for the business of a junk dealer to be completely enclosed by such a sight barrier fence. Such a fence shall present an attractive appearance and the design thereof shall be approved by the Building Inspector of the borough prior to erection.
B. 
A junk dealer shall not:
(1) 
Store or permit the storage of any unlicensed automobiles or other junk except within the boundaries of the premises licensed under this chapter.
(2) 
Store junk of any and all description to a height greater than eight feet.
(3) 
Place any sign on the fence enclosing the said premises, except that one sign no greater than 50 square feet in area may be permitted on each side of said fence for the purposes of the business being conducted on said premises.
C. 
No open burning of rubbish, garbage, refuse or waste, including but not limited to tires, automobile bodies or upholstery, nor any salvage operation by open burning, shall be permitted on the premises.
D. 
All gasoline or other highly flammable substances and all chemicals and materials constituting a potential source for spontaneous combustion, explosion or injury to persons shall be removed from junked vehicles, equipment, appliances and parts stored on the licensed premises.
In addition to the penalty prescribed in § 93-14, any license issued pursuant to the provisions of this chapter may be revoked or the renewal of such license denied by the Council, after notice and hearing, where the licensee or a stockholder, officer or director of a corporate licensee has been convicted of the crime of receiving stolen goods, or if the licensee has violated any of the provisions of this chapter, or if it appears, after such hearing, that the business has been conducted by the licensee in such manner that continuance thereof is detrimental to the public health, safety and general welfare of the borough.
The purpose of this chapter is to impose a license fee upon junk dealers for the raising of revenue and to provide for the control and regulation thereof.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.