[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 1-22-1968 by Ord. No. 8. Amendments
noted where applicable.]
It shall be unlawful for any person hereafter to establish any junkyard
either on public or private property within the limits of the Borough.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings ascribed to them
as follows:
Any vehicle no longer intended or in condition for legal use on the
public streets.
Any used or discarded materials of any kind. It shall include, but
not be limited to, rags, paper, plastics, glass, metals, rubber, wood, inoperable
vehicles or parts thereof, machinery, furniture, appliances, structures or
personal property.
Any place or establishment where junk is accumulated, stored or disposed
of, whether in connection with another business or not, or where two or more
inoperable vehicles are stored.
Any person or persons, partnership, association, company, firm or
corporation.
Existing junkyards may continue in operation as nonconforming uses, but shall terminate within one year unless they comply with the following provisions; and provided a sworn declaration of intent to obtain such license is filed with the Council within one month after the effective date of this chapter, and further provided that during the year prior to obtaining such license the operator thereof shall comply with the provisions set forth in §§ 23-8 through 23-10.
No person shall continue to operate an existing junkyard without obtaining
a license therefor within one year after the effective date of this chapter.
A.
Application for such license shall be made in writing
to the Borough Secretary. The application shall include:
(1)
The name and address of the applicant.
(2)
The address and exact location of the premises on which
it is intended to conduct such business.
(3)
Satisfactory credentials from the applicant's principal,
if the applicant is to act as an agent.
(4)
A description of the exact nature of the business to
be conducted and the junk to be handled.
B.
The application shall be accompanied by a map or plan
of the real property upon which the applicant intends to conduct such business,
showing:
A.
Upon approval of the application by the Borough Council,
such license shall be issued by the Borough Secretary. The license shall be
issued for a twelve-month period beginning January 1 and must be renewed annually
on or before the first day of January.
A.
It shall be unlawful for any person maintaining or conducting a licensed junkyard within the limits of the Borough to extend or enlarge the limits thereof, and the same shall be confined or restricted to the area described in the original application under § 23-5B(1).
B.
No person licensed under this chapter shall, by virtue
of the one license, keep more than one place of business within the Borough
or maintain more than one junkyard for the purpose of buying, selling or dealing
in junk.
C.
No person shall engage in such business or maintain a
junkyard in any place other than the place designated upon his license.
D.
No license shall be transferred to another person without
the approval of the Borough Council.
Every person licensed under this chapter shall provide and shall constantly
keep current a book in which shall be written down, in English, a description
of every article or material purchased or received, the date and hour of such
receipt and the signature of the person from whom such article or material
was purchased or received. Such records shall at all times be subject to the
inspection of any official of the Borough.
Every person 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, and shall not destroy or reduce the
same or alter the original form, shape or condition until such period of 48
hours shall have elapsed.
A.
No operations which cause a general nuisance shall be
permitted. Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the peace, safety or health of the community or
nearby residents, or serve as a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored in
such premises.
C.
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.
D.
Burning restrictions.
(1)
Burning of any materials whatsoever shall only be conducted
under constant supervision of the owner or employee, and shall be conducted
only during daylight hours. The materials shall be piled or arranged in neat
rows so as to permit easy, clear passage through the area. There shall be
maintained at least one fire extinguisher for each 40,000 square feet of area.
Each such fire extinguisher shall be hung or mounted in a conspicuous place,
clearly marked and available.
(2)
There shall be no burning after 6:00 p.m. on any weekday,
local time, and there shall be no burning at all on Sunday.
(3)
No oil, grease, tires, gasoline or other similar materials
that might be dangerous or tend to produce obnoxious smoke or odors shall
be burned within a junkyard at any time.
E.
No highly flammable or explosive material shall be stored
aboveground, in bulk, with the exception of fuel tanks or drums which are
directly connected with heating appliances.
F.
Whenever any motor vehicle shall be received in such
premises as junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored aboveground in
said junkyards, provided the same be placed in containers approved by the
Council. All other gasoline which is kept on the premises shall be stored
underground.
G.
All materials or wastes causing fumes or dust, constituting
a fire hazard or attractive to rodents or insects may be stored outdoors only
if enclosed in containers.
H.
Such premises shall not be open for business nor shall
any work be done therein on Sunday.
A.
The premises to be licensed shall be set back a minimum
distance of 50 feet from the right-of-way lines on all streets or roads, and
a minimum distance of 25 feet from all other property lines. The area between
the setback line and the right-of-way line and all streets and roads and all
other property lines shall be at all times kept clear and vacant.
B.
When the Council shall deem it necessary and desirable,
the premises to be licensed shall be enclosed at the setback lines by a fence
of height, type and style to be determined by the Council, or by evergreen
screen plantings, or both. The Council may set forth the fencing
and planting requirements at the time of the issuance of a license or at the
time of renewal or transfer of a license.
Any official of the Borough shall be granted access to the area of the
activity or business of the licensee at all reasonable hours to inspect the
same for compliance herewith.
In the event of any violation of or noncompliance with any provision
of this chapter, the Council may suspend the license of such person upon failure
of the licensee to promptly abate such violation or comply herewith.
The Council hereby declares that any violation of or noncompliance with
this chapter constitutes a nuisance. The Mayor is hereby authorized to serve
notice to the violator to abate same or otherwise effect compliance within
seven days after issuance of such notice. In the event of noncompliance within
the time stated, the Borough may enter the premises and remove same or otherwise
effect compliance. The cost thereof, together with any additional payment
authorized by law, may be collected by the Borough from such person in the
manner provided by law.
Any license issued pursuant to the provisions of this chapter may be
revoked by the Council, after notice and hearing, for any of the following
causes:
A.
Fraud or false statement in application for license.
B.
Fraud or false statement in connection with carrying
out of the business for which license was granted.
C.
Conviction of any violation of the provisions of this
chapter.
D.
Conviction of the licensee of any crime.
E.
Carrying out the licensed business in an unlawful manner
or in such a way as to breach the peace or to constitute a menace to the health,
safety or general welfare of the public.
A.
Any person who shall violate any provision of this chapter
shall upon conviction thereof, for each violation, be subject to a fine of
not less than $50 nor more than $100 plus costs of prosecution. In default
of payment of such fine and costs, such person shall be committed to the county
jail for a period not exceeding 30 days.
B.
Each day that such violation exists shall constitute
a separate and distinct violation.