[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 12-18-1961 by Ord. No. 230. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 96.
A.
JUNK
JUNK DEALER
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse and shall include, but is not limited
to, scrap metal and scrapped motor vehicles and shall not include
any garbage or other organic waste or any papers, rubbish, rags or
other flammable article or material or new motor vehicle parts or
used serviceable motor vehicle parts which have been removed from
a motor vehicle or motor vehicles and placed in a stack of merchandise
for sale.
[Amended 4-22-1963 by Ord. No. 248]
Any person, as hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk.
Any natural person, partnership, firm or corporation.
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
No person shall engage in business as a junk dealer in the Borough
of Baldwin without first having obtained a license from the Borough
Secretary, for which license the fee shall be $120 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, 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 such year shall be at 1/2 the yearly rate.
The license provided for in § 105-2 of this chapter shall be issued by the Borough Secretary after application shall have been made therefor by the person desiring to be licensed. Such license 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 place of business within the Borough of
Baldwin for the purpose of buying, selling and 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.
No license issued under this chapter 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
of $10.
Every junk dealer shall constantly keep a permanent written
record which shall contain 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
shall at all times be subject to the inspection of the Chief of Police
and any other official of the Borough of Baldwin.
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
shape, form 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 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.
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.
D.
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.
E.
No work shall be done on such premises in connection with the storage,
dismantling, processing, transporting or removal of junk, nor shall
such premises be open for business for the purchase or sale of junk
at any time on the first day of the week, commonly called Sunday,
or on any other day of the week before 7:00 a.m. or after 6:00 p.m.
[Amended 4-22-1963 by Ord. No. 248]
F.
The junkyard, salvage yard or other places used and maintained for
the collection, storage and disposal of used and secondhand goods
and materials shall be confined to an area enclosed by a tightly built
solid fence or wall constructed of wood, brick, stone, concrete, cement
block or other similar matter or materials which shall be of a minimum
height of eight feet.
G.
No advertising of any nature shall be displayed on the enclosure,
fence or wall.
[Amended 12-19-1985 by Ord. No. 566]
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and costs of prosecution or imprisoned for up to 30
days. Each day's violation of any of the provisions of this chapter
shall constitute a separate offense.
