[HISTORY: Adopted by the Borough Council of the Borough of Kane 12-6-1982
by Ord. No. A-822 as Ch. 13, Part 2, of the 1982 Code. Amendments noted where
applicable.]
This chapter shall be known and may be cited as "Kane Borough Junkyard
and Junked Vehicle Ordinance."
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings herein indicated:
The Borough of Kane.
The Kane Borough Council.
Any discarded material or article and shall include, but not be limited
to, scrap metal, scrapped, abandoned or junked vehicles, machinery, equipment,
paper, glass, containers and structures. It shall not include, however, refuse
or garbage kept in a proper container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the business
of selling, buying, salvaging and dealing in junk and who maintains and operates
a junkyard within the Borough of Kane.
Any vehicle, as follows:
That is inoperable and left unattended on public property for more than
96 hours or is left illegally on public property for more than 96 hours; or
That has remained on private property without the consent of the owner
or person in control of the property for more than 96 hours; or
Does not have thereon a current license plate and/or a current validating
sticker and/or a current inspection sticker; or
Which is inoperable because of mechanical failure or which is parked
on any borough street for the purpose of any major repair, which such repair
shall include any repairs being made to such vehicle, with the exception of
changing a tire on said vehicle.
Any place where any junk, as above defined, is stored, disposed of
or accumulated.
The permit granted to a person who accumulates, stores or disposes
of junk as above defined.
Includes any partnership, association, firm or corporation.
Any building not maintained in a good, habitable and safe condition
and which, because of the storage of materials therein, shall be a harboring
and nesting place for rodents or other species dangerous to health.
No person shall engage in business as a junk dealer or maintain a junkyard
or have on property occupied by him or on any street of the borough any junked
vehicle; or, maintain, occupy or own premises upon which there is any structure
as defined above, without having first obtained a license from the Council,
for which license a fee in accordance with the schedule hereinafter set forth
shall be paid to the borough for the use of the borough. The license shall
be issued for the twelve-month period beginning the first day of January and
ending the 31st day of December, and each license must be renewed annually
on or before the first day of December of each year. Licensing hereunder shall
begin for the calendar year 1970 and continue annually thereafter.
The license provided for in this chapter shall be issued by the borough
after written 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 on which such business is to be conducted,
or such junkyard is to be maintained. Such license shall be posted conspicuously
upon the premises licensed thereunder. The written application for license
hereinabove mentioned shall be accompanied by a form, every question of which
must be answered, which form will be supplied by the borough. Applicant shall
also submit therewith a plot of the premises used or to be used in connection
with such license.
Upon receipt of an application by the borough, the borough shall issue
a license or shall refuse to issue a license to the person applying therefor
after an examination of the application and taking into consideration the
suitability of the property proposed to be used for the purposes of the license,
the character of properties located nearby and the effect of the proposed
use upon the borough, both economic and aesthetic. In the event that the borough
shall issue a license it may impose upon the license and the person applying
therefor such terms and conditions, in addition to the regulations herein
contained and adopted pursuant to this chapter, as may be deemed necessary
to carry out the spirit and intent of this chapter.
The license fee of $50 shall be paid immediately upon the issuance or
renewal of a license.
No license issued by the borough shall be transferable by the licenser to any other person unless such a transfer is authorized by the borough. Any person desiring to transfer his license shall notify the borough, in writing, which notification shall be accompanied by an application for a license, as described in § 156-4 of this chapter, by the transferee.
In the event that the borough shall approve the transfer of a license
the transferee shall immediately pay to the borough a transfer fee of $10.
Every person licensed under this chapter 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,
received or handled by such person, and 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 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 person licensed under this chapter shall constantly maintain the
licensed premises in accordance with any special provisions imposed by the
borough and in the manner prescribed by this section and any subsequent regulations
adopted by the borough:
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 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.
Gasoline in an amount not exceeding 10 gallons may be stored above ground
in said junkyards, provided that the same be placed in containers approved
by the borough. All other gasoline which is kept in the premises shall be
stored underground, which underground storage must be approved by the borough.
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.
All junk kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license hereunder, and as limited under Subsection D above.
F.
A person licensed under this chapter shall not burn more
than one motor vehicle or its equivalent at any one time. No oil, grease,
tires, gasoline or other similar material that might be dangerous or tend
to produce obnoxious smoke or odors shall be burned at a junkyard at any time.
Burning of vehicles must be attended and controlled at all times.
G.
The premises to be licensed other than junkyards presently
in operation 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 kept clear
and vacant at all times.
H.
When the borough shall deem it necessary and desirable,
the premises to be licensed shall at the setback lines be enclosed by a fence
of type and style to be determined by the borough or by evergreen screen plantings,
or both. The borough may set forth the fence and planting requirements at
the time of the issuance of a license or at the time of renewal or transfer
of a license.
Any person who shall violate any of the provisions of this chapter shall
upon conviction thereof, by a summary proceeding, be sentenced to payment
of not more than $300, and the costs of prosecution, provided that each day's
violation of any of the provisions of this chapter shall constitute a separate
offense, or the defendant may be sentenced to imprisonment for a term not
exceeding 30 days.
In addition to the remedies provided in § 156-11 above, any continued violations of this chapter which shall constitute a nuisance in fact, or which shall, in the opinion of the borough constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
