Borough of Burnham, PA
Mifflin County
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Table of Contents
Table of Contents
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
A. 
Engaging in peddling, soliciting, or taking orders, either by sample or otherwise, for any goods, wares, or merchandise upon any street, alley, sidewalk, or public ground, or from house to house, within the Borough; or,
B. 
Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the Borough, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for yearly holidays.
The singular shall include the plural: the plural shall include the singular; and the masculine shall include the feminine and the neuter.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
No person shall engage in any transient retail business within the Borough without first having obtained from the Department of Ordinance Enforcement a license, for which a fee, which shall be for the use of the Borough, shall be charged, established pursuant to a resolution of the Borough Council.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
1. 
No license fee shall be charged:
A. 
To farmers selling their own produce.
B. 
For the sale of goods, wares, and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
C. 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
D. 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
E. 
To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61 (1982), hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867.
F. 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
G. 
To any person who has complied with the provisions of the Charitable Organization Reform Act, 10 P.S. § 161.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
H. 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
2. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Department of Ordinance Enforcement and obtain a license without fee; provided, any person dealing in one or more of the above mentioned exempted categories, and dealing with other goods, wares, or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this Section for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories provided further, the Department of Ordinance Enforcement may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided further, every license issued under the provisions of this Part shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
Every person desiring a license under this Part shall first make application to the Department of Ordinance Enforcement for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:
A. 
His criminal record, if any;
B. 
Name and address of the person by whom he is employed;
C. 
Type of goods, wares, and merchandise he wishes to deal with in such transient retail business;
D. 
Length of time for which license is to be issued;
E. 
Type and license number of the vehicle to be used, if any.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
Upon receipt of such application and the prescribed fee, the Department of Ordinance Enforcement, if he shall find such application in order, shall issue the license required under this Part. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks, or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials, and citizens or residents of the Borough.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks, or public grounds in the Borough.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 8:00 p.m. on any day of the week other than a Sunday or legal holiday.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
The Department of Ordinance Enforcement shall supervise the activities of all persons holding licenses under this Part. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
The Department of Ordinance Enforcement is hereby authorized to deny, suspend or revoke any license issued under this Part when he deems such denial, suspension or revocation to be beneficial to the public health, safety, or morals, or for violation of any provision of this Part, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Ord. 1954-7, 11/1/1954; as revised by Ord. 1995-2, 3/14/1995]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not more than $600 plus costs, and in default of payment, to imprisonment for not more than 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
FARM MACHINERY
All types of machinery and equipment which were originally manufactured for farm use, which are retained on farm properties, either as operable equipment or for the purpose of salvaging repair parts.
JUNK
Any discarded or salvageable article or material including, but not limited to, scrap metal, paper, rags, glass, containers, scrap wood, motor vehicles, trailers, machinery and equipment, with the exceptions of farm machinery and mobile homes or house trailers which are occupied or are properly placed and planned for occupancy.
JUNK DEALER
Any person who buys, sells, salvages, stores, or in any way deals in junk; or owns, leases, operates or maintains a junkyard within the Borough.
MOTOR VEHICLE
All types of automobiles, trucks and tractors, including self-propelled machinery of all kinds with the exception of farm machinery.
PERSON
Any natural person, partnership, firm, company, corporation or other legal entity.
PREMISES
Any parcel of land situated in the Borough, having a separate tax map parcel number for County assessment purposes.
SOLID WASTE
Any waste including, but not limited to, municipal, residual or hazardous wastes including solid, liquid, semisolid or contained gaseous material.
TRAILER
Any wheeled vehicles not self-propelled, drawn by a motor vehicle.
In this Part, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
No person may operate a junk yard as herein defined within the Borough without first obtaining a license as herein described.
1. 
Any person desiring to operate junkyard in the Borough shall first make written application to the Department of Ordinance Enforcement. Such application shall be in the form established by the Borough Council and shall set forth the applicant's name and address, include an accurate description of the premises on which the junkyard is to be located including the County tax map parcel number(s), and a statement that the applicant will comply with this Part and any regulations adopted pursuant to this Part, and such other information as the Borough Council may require. State DER regulations require persons to apply to the State for a license when a junkyard is to be within 1,000 feet of a Federal highway.
2. 
An application for license under this Part shall be examined by the Department of Ordinance Enforcement and license issued or denied within 60 days of submission to thereto. Examination of the application shall include consideration of the suitability of the property proposed to be used for the purpose of the license, the character of nearby properties, and the effect of the proposed use upon the zoning regulations of the Borough. When the application is found in compliance with the provisions of this Part, the Department of Ordinance Enforcement shall issue a license to the junk dealer applicant for operation of the junkyard as described in the application.
3. 
The required fees shall consist of the application fee which shall not be returnable in case of refusal of license and the annual license fee which shall be established pursuant to a Resolution of the Borough Council. All fees are due, payable to and for the use of the Borough, at time of application. The Department of Ordinance Enforcement may waive the application fee when issuing renewed licenses. The term of any license issued under this Part shall be for one calendar year or portion thereof, and shall terminate on December 31st of the year in which issued.
4. 
Licenses issued under this Part are required to be renewed on or before January 1 of the year in which it is desired to continue operations. Such application for renewal must be in writing, in such form as may be required by the Borough Council and accompanied by the license fee. Renewal applications are subject to complete reexamination and consideration by the Department of Ordinance Enforcement for continued compliance with the terms of this Part.
5. 
No person licensed under this Part shall, by virtue of one license, operate more than one business or junkyard within the Borough. No person shall engage in business or operate a junkyard at any place other than the place designated by his license. Licenses are nontransferable, both as to junk dealer and junkyard premises. The permitted size of a junkyard shall be fixed at the time of license issuance, with due regard for the existing and proposed uses of the surrounding area and properties.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
1. 
The license under which the junkyard is operated shall at all times be conspicuously posted on the licensed premises, and the operating requirements as herein provided shall be complied with.
2. 
Permanent records of all junk received in or removed from any junkyard shall be kept by the junk dealer on the premises, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk. Such records shall be open to inspection at all reasonable times by the Department of Ordinance Enforcement, and by any law enforcement officer.
3. 
Junkyards and businesses licensed under this Part may not operate on Sunday, except to remove any wrecked automobile from any public highway.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
All junk in junkyards licensed under this Part shall be stored as herein provided:
A. 
All junk shall be set back at least 40 feet from any adjoining premises and at least 60 feet from the nearest right-of-way of any public street, road or highway.
B. 
All junk shall be stored and arranged so as to permit access by fire-fighting equipment. Junked motor vehicles shall be spaced in rows with at least 20 feet between double rows; other junk shall be stored in piles or tiers which shall be separated by aisles or cleared areas of no less than 10 feet.
C. 
Junk shall be arranged so as to prevent the accumulation of stagnant water, and shall be stacked to a height of not more than six feet from the ground.
D. 
All gasoline and oil shall be drained from junked motor vehicles within 48 hours of arrival on premises. Such gasoline and oil shall be stored at only one location on the premises and not more than 100 gallons in the aggregate, in proper containers, may be stored aboveground.
E. 
Paper, rags, plastics and similar materials for salvage shall be stored indoors.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Paper, rags, plastic and similar materials for salvage shall not be accumulated or remain on the junkyard premises for more than 60 days. Materials separated as solid waste shall not be accumulated for more than 30 days.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Not more than one motor vehicle or its equivalent may be burned at any one time. Gasoline, grease, oil, tires or similar materials which could be dangerous or tend to produce obnoxious smoke or odors shall not be burned at any time. Any and all burning or melting on junkyard premises shall be properly attended and controlled at all times.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Garbage, organic waste, or plain solid waste shall not be received or stored in any junkyard. Materials designated as solid waste may be received only as mixed with salvageable materials and shall be promptly disposed of as herein provided.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Every junk dealer licensed under this Part shall enclose and maintain his junkyard as herein provided:
1. 
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 204(1) of this Part, shall be at least six feet in height, and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar material, well constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
2. 
Junkyard premises which have open-wire fence enclosures visible from an abutting public thoroughfare or from an abutting residential property within 500 feet of the fence shall have a landscaped screen of trees and/or shrubs, of varieties capable of attaining a continuous height of six feet within two years, planted along such fence or section of fence. All required open areas between fence and lot lines of the premises shall be maintained continuously in good order, free of weeds and scrub growth.
3. 
The area inside the fence and lot lines of any junkyard premises shall have weeds mowed regularly and not permitted to go to seed.
4. 
All junkyard premises shall be maintained in such manner so as not to cause a public or private nuisance. Nor shall they cause any menace to the health or safety of persons off the premises. Nor shall they cause any excessive or offensive or noxious odors or sounds. Nor shall they cause the breeding, harboring or infesting of rats, rodents or vermin. Nor shall they be in violation of any health or sanitation law or Part or regulation of any governmental body.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Every junk dealer and junkyard licensed under this Part is subject to inspection and regulation as herein provided:
1. 
Any member of the Borough Council or the Department of Ordinance Enforcement may at any reasonable time enter upon the premises currently licensed or for which a license application is pending.
2. 
The Borough Council may from time to time pursuant to resolution adopt regulations to carry out the provisions of this Part, upon giving notice to licensees affected by such regulations.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
The Borough Council may waive the setback requirements as established by § 204(1), and the planting requirements as established by § 208(2), for those junkyards in existence at the time of the enactment of this Part, if such junkyard is in compliance with the other requirements as provided by this Part, and if, in the Borough Council's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Junk dealers and junkyards operating and existing in the Borough on the effective date of this Part shall be required to comply with the provisions of and obtain a license under this Part within six months from the effective date. However, an extension of the time allotted in complying with the terms of this Part may be granted at the discretion of the Borough Council. Such extension shall be for good reason, and shall not exceed six months.
[Ord. 1967-8, 12/13/1967; as revised by Ord. 1995-2, 3/14/1995]
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.