[HISTORY: Adopted by the Borough Council of the Borough of Economy 3-14-1963
as Ord. No. 63. Amendments noted where applicable.]
A.
JUNK
JUNK DEALER
PERSON
As used in this chapter, the following terms shall have
the meanings indicated:
Any old, used or secondhand materials of any kind, including cloth,
rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other
metal, furniture, used motor vehicles or the parts thereof or other articles
which from its worn condition renders it practically useless for the purpose
for which it was made.
Any person, as hereinafter defined, who shall engage in the business
of selling, buying and dealing in junk, including the operation of an auto
wrecking or salvage yard or business; or any person who shall keep or store
on his or other premises one or more automobiles which are unlicensed, which
do not have a current inspection sticker, which are inoperable or have been
stripped or dismantled.
[Amended 9-12-1965 by Ord. No. 69; 10-17-1968
by Ord. No. 116; 5-11-1976 by Ord.
No. 180]
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.
[Amended 9-12-63 by Ord. No. 69; 10-17-68 by Ord.
No. 116]
A.
No person shall from the date of this chapter hereafter
in the Borough of Economy keep, conduct or maintain any building, structure,
yard or place for keeping, storing or piling in commercial quantities, whether
temporarily, irregularly or continually, or for the buying or selling at retail
or wholesale or dealing in junk, as herein defined, whether with a fixed place
of business or as an itinerant peddler, without first having obtained and
paid for a junk dealer license.
B.
No person shall, from the date herein, in the Borough
of Economy keep, store or accumulate one or more automobiles which are unlicensed,
which do not have a current inspection sticker, which are inoperable or have
been stripped or dismantled on his premises or premises of another for a period
exceeding 30 days without first having obtained and paid for a junk dealer
license. This regulation is not meant to apply to operable antique motor vehicles,
farm tractors, racers and other vehicles not requiring state inspection.
[Amended 5-11-1976 by Ord. No. 180]
A.
Every applicant for a license to engage in the business
of junk dealer shall file with the Borough Secretary a written application
upon a form prepared and provided by the Borough, signed by the applicant
or applicants. Said application shall state:
(1)
The names and residences of the applicants, if an individual,
partnership or firm, or the names of the principal officers and their residences,
if the applicant is an association or corporation.
(2)
The length of time such applicant or applicants, if an
individual, firm or partnership, or the manager or person in charge, if the
applicant is a firm or corporation, has or have resided in the Borough of
Economy, his or their place of previous employment, whether married or single,
whether he or they, or any of them, have been convicted of a felony or misdemeanor
and, if so, what offense, when and in what court.
(3)
Whether the applicant or applicants or officers or manager
of the applicant had been employed by a junk dealer or had been a junk dealer
as defined herein.
(4)
The detailed nature of the business to be conducted and
the kind of materials to be collected, bought, sold or otherwise handled.
(5)
The premises where such business is to be located or
carried on.
B.
Each application shall contain an agreement that the
applicant accepts the license, if granted, upon the condition that it may
be suspended or revoked by the Council upon conviction of violation of this
chapter.
A.
Every application for a license to engage in the business
of junk dealer shall be signed and acknowledged before a notary public or
other officer authorized to administer oaths.
B.
Such application shall be accompanied by a bond to the
Borough of Economy, approved as to form by the Borough Solicitor, in the penal
sum of $2,500 guaranteeing that in the event that the dealer quits business
or vacates or abandons the auto wrecking or junkyard, said yard will be cleared
of all junk, including automobiles, parts thereof and all debris. Said bond
shall be secured by a judgment note to the Borough of Economy in the amount
of $2,500 which shall be signed by the dealer and his wife, if married, where
the premises on which the business is located are owned by the applicant.
In the event that said premises are not owned by the applicant, then the required
judgment note shall be executed by the owners of said premises, as well as
by the applicant dealer. A cash bond may be posted in lieu of the judgment
note.
[Amended 2-10-1987 by Ord. No. 274]
A.
The Borough Secretary shall report such application to
the Mayor, Health Officer, if existing, Fire Chief and Building Inspector,
who shall inspect or cause to be inspected such premises to determine whether
it complies with all laws, ordinances, rules and regulations. Said premises
and all structures thereon shall be so situated and constructed that the business
of junk dealer may be carried on in a sanitary manner, shall contain no fire
hazards and shall be arranged so that thorough inspection may be made at any
time by the proper health, fire, building and police authorities.
B.
No building shall be used for the business of junk dealing
unless the walls shall be fireproof and the floor constructed of concrete
or other fireproof material.
C.
Each of the premises upon which the business of junk
dealer or auto wrecking is to be carried on shall be enclosed by a cyclone
or wire mesh fence of at least twelve-gauge thickness, which fence shall be
at least six feet in height. Where any side of the premises adjoins a residential
dwelling now existing or constructed in the future, and said dwelling is within
150 feet of said side, a visual barrier shall be erected along the adjoining
side for a reasonable distance, the top of which shall be no less than seven
feet from the ground with the provision that a one-foot space will be permitted
between the ground and bottom of the barrier. Said visual barrier, if desired
by the dealer, may be formed by trees or vines of the required height. If,
however, a fence is constructed, it shall be of solid material. The aforementioned
fence or visual barrier, where required, shall be completely constructed within
one year from the date hereof. Said fence or barrier shall be maintained in
good condition at all times. No article shall be piled so as to protrude above
said fence or barrier. In the interest of vehicular traffic safety, the aforesaid
fence shall be set back at least six feet from any road, street or right-of-way.
However, said fence or barrier shall be set back at least 15 feet from the
intersection of any roads, streets or rights-of-way.
Junkyards now in operation shall be at least 150 feet from any existing
residential dwelling, excluding that of the licensee or agent. Any person
who makes application after the date hereof for a junkyard license covering
premises not now used for the operation of a junkyard shall be required to
establish and maintain his business at least 300 feet from any residential
dwelling then existing, excluding that of the licensee or agent.
Upon the filing of the application and bond, as provided in the preceding section, the Borough Secretary shall, upon receiving a report of approval of such application, after investigation and the payment to the Borough of the license fee hereinafter provided, issue to the applicant a license to engage in business as provided in § 108-2. No license shall be refused except for a specified reason. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, auto wrecking or auto salvage business, the date of issuance and expiration of the licenses and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists.
A.
Every junk dealer shall pay an annual license fee of
$75 for the license year or any portion thereof. All licenses shall be issued
as of January 1, 1963, and shall continue in force for a period of one year,
unless sooner revoked.
B.
Whenever a license shall be lost or destroyed without
fault on the part of the holder or his agent or employee, a duplicate license
in lieu thereof under the original application and bond shall be issued by
the Borough Secretary upon the filing of an affidavit setting forth circumstances
of the loss or destruction and upon the payment of the sum of $5.
Every holder of a junk dealer's license shall at all times keep
said license posted while in force in a conspicuous place on the premises
described in the application for such license. It shall be unlawful for any
person to post it upon the premises other than those mentioned in the application
or knowingly to deface or destroy any such license.
Every junk dealer's license shall designate the place of business in or from which the junk dealer receiving such license shall be authorized to carry on such business. No licensee shall remove his or its place of business from the place designated in the license until a written permit has been secured from the Borough upon approval of the Council, and the same shall have been endorsed upon the license. All signs required by § 108-9 of this chapter shall be altered to contain the new address.
A.
No junk dealer shall carry on the business at or from
any other place than the one designated in the license therefor unless approved
as aforesaid; nor shall said business be carried on after such license has
been revoked or has expired.
B.
The contents of the premises of every junk dealer shall
be arranged so as not to constitute a fire hazard or a nuisance. The premises
of every junk dealer shall be subject to inspection by the proper municipal
authorities at any time during business hours.
C.
All vehicles without wheels shall be set up on concrete
blocks.
The Council shall formulate reasonable rules and regulations relating
to the conduct of the business of junk dealing which shall protect the health
of the community. No junk dealer shall violate any such rule or regulation.
A.
In general, 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 auto wrecking
or auto salvage yards or places of business.
C.
Whenever any motor vehicle shall be received in such
premises as junk, all gasoline shall be drained and removed therefrom.
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.
Such premises shall not be open for business nor shall
any work be done therein in connection with the storage, processing and transporting
or removal 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. All work shall
cease at sundown, except for sales.
[Amended 2-10-1987 by Ord. No. 274]
Each junk dealer shall keep and maintain a daily ledger containing the
description of any part bought or sold sufficient in content for the identification
of the item. Any suspicious article offered to the dealer for sale shall be
reported immediately. The records shall, at all reasonable times, be open
to the inspection of any police officer, the Mayor, any District Justice or
any person duly authorized, in writing, for such purpose by the Mayor, any
District Justice or the Council, who shall exhibit such authorization to the
junk merchant, his agent or employee. No entry in such records shall be changed,
erased, obliterated or defaced.
No licensee, either acting for himself or itself or by or through his
or its agent or employees, shall wreck, tear down, paint or otherwise destroy
the identity of or dispose of or allow to be taken out of his or its possession
any secondhand motor vehicle, part or accessory purchased or otherwise secured
from other than an insurance company, insurance adjuster or established dealer
until 48 hours after receipt thereof; provided, however, that the Mayor may,
after proper report is made to him, grant special permission to a licensee
permitting a secondhand motor vehicle, part or accessory to be sold or disposed
of and delivered to another when the Mayor has investigated and determined
that there is no question as to the ownership of such secondhand motor vehicle,
part or accessory.
No person shall knowingly buy, sell, receive, dispose of, conceal or
have in his possession any motor vehicle, part or accessory from which the
manufacturer's serial number or any other number or identification mark
has been removed, defaced, covered, altered or destroyed for the purpose of
concealing or misrepresenting the identity of such vehicle, part or accessory.
Every person to whom is offered for sale, storage or wreckage any motor vehicle,
part or accessory from which has been removed, defaced, covered, altered or
destroyed the manufacturer's serial number or any other number or identification
mark shall immediately notify the Police Department of such offer of sale.
Every junk dealer, upon being served with a written notice to so do
by a member of the Police Department, shall report to the Mayor an accurate
description of all goods, articles or things purchased or received by him
in the course of business of a junk merchant at such time and during such
period of time specified in the notice, as contained in the dealer's
existing records.
[Amended 4-27-67 by Ord. No. 111; 2-10-1987
by Ord. No. 274]
Upon an information being made, in writing, by any municipal official
or resident of the Borough alleging a violation by a licensee of the provisions
of this chapter, the Mayor or a Justice of the Peace shall issue a summons
to such licensee. The Mayor or a District Justice shall proceed to hear the
matter, after giving proper notice of a hearing; and if he finds the junk
dealer guilty of the violation or violations charged, he shall levy the appropriate
fine and may suspend said junk dealer's license until said dealer complies
with the terms of this chapter.
In the event that an automobile wrecking yard, whether licensed or unlicensed,
is abandoned for a period of 90 days or more, said automobile wrecking yard
shall constitute a nuisance, subject to abatement in accordance with the provisions
of the Borough Code.
[Amended 5-11-1976 by Ord. No. 181; 2-10-1987
by Ord. No. 274]
Any person who, by himself, his clerk, agent or employee, shall conduct
the business of a junk dealer as herein defined without the license required
by this chapter or shall violate any of the provisions of this chapter or
who, having had his license revoked, shall continue as a junk dealer may,
upon summary conviction thereof, be subjected to a fine or penalty of not
more than $300 for each day during which said violation shall continue, together
with the costs of prosecution, and, in default of the payment of such fine
and costs of such prosecution, shall be imprisoned in the county jail for
a period of 90 days.
