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Borough of Homestead, PA
Allegheny County
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Code
New Laws (0) Index
[Adopted 10-14-1974 as Ch. 59 of the 1974 Code (Ch. 167 of the 1999 Code)]
1. 
As used in this Part, the following terms shall have the meanings indicated:
JUNK
Any discarded material or article such as is not ordinarily disposed of in rubbish or refuse, and shall include but not be limited to scrap metal and scrapped motor vehicles, and shall not include any garbage or other organic waste, or any paper, rubbish, rags or other flammable articles or material.
JUNK DEALER
Any person, as hereinafter defined, who shall engage in the business of selling, buying and dealing in junk.
PERSON
Any natural person, partnership, firm or corporation.
2. 
In this Part, 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 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.