[HISTORY: Adopted by the Board of Supervisors of Franklin Township
(now Council of the Municipality of Murrysville) 3-21-1967
by Ord. No. 22-67. Amendments noted where applicable.]
Unless otherwise expressly provided, the following words shall, for
purposes of this chapter, have the following meanings:
Any and all types of motor vehicles, including vans, trailers, equipment,
machinery or self-propelled machinery of all kinds, with the exception of
usable farm machinery.
The Council of the Municipality of Murrysville, Westmoreland County,
Pennsylvania.
Any and all forms of waste and refuse of any type of material, including
but not limited to scrap metal; used equipment or machinery; used automobiles;
used vans; used trailers; used truck cabs or bodies; or used construction,
building or road-building and/or maintenance equipment and/or machinery, and
from any of the foregoing from which parts are scavenged or recovered, or
any parts of or from any of the foregoing, including tires, batteries, upholstering
and the like, scraps, glass, industrial waste, junked automobiles, as defined
herein, and other salvageable or unsalvageable material.
Any person who buys, sells, salvages, stores or in any way deals
in junk, as defined herein, and owns, leases, operates or maintains a junkyard,
as defined herein, within the Municipality.
Any premises where junk, as herein defined, is stored or accumulated.
Where the definition of "junk" would apply because of the storing or accumulation
of automobiles, this definition shall not include any premises upon which
there is stored or accumulated fewer than three automobiles, as herein defined;
nor shall there be included premises upon which are stored or accumulated
motor vehicles having affixed a valid Commonwealth of Pennsylvania inspection
sticker, as prescribed by applicable state law, within 30 days of the vehicle's
actual receipt by the person so storing or accumulating such; nor shall there
be included any premises upon which is stored or accumulated junk, as herein
defined, solely within the confines of a building or buildings; nor shall
there be included any premises where the principal business is the manufacture,
remanufacture, refabrication or major overhaul of heavy construction equipment;
the mere repair of or incidental repair of or to any such equipment shall
not be deemed to be remanufacture, refabrication or major overhaul; nor shall
there be included any premises where the principal business is the distribution
of new heavy equipment.
[Amended 12-16-1991 by Ord. No. 305-91]
The Municipality of Murrysville, Westmoreland County, Pennsylvania.
Any natural person, partnership, firm, corporation or other legal
entity, including singular and plural, male and female.
Any parcel of land situated in the Municipality of Murrysville, Westmoreland
County, Pennsylvania, having a separate tax number for county assessment purposes.
A.
From and after July 1, 1967, no person shall be a junk
dealer or own, lease, operate or maintain a junkyard, as herein defined, within
the Municipality without first obtaining a license to operate a junkyard as
a junk dealer.
[Amended 12-16-1991 by Ord. No. 305-91]
B.
The annual fee for such a license shall be $200, and the license shall be effective for one calendar year only; each license terminating on December 31 of the year for which it is issued, subject to renewal upon reapplication, except as provided in Subsection H hereof. Application for a license or any renewal thereof shall be filed on or before December 1 of the calendar year prior to the licensed year, in writing, with the Chief Administrator, and shall contain the applicant's sworn statement, setting forth applicant's name and address, together with the names and addresses of all other persons interested in the business, the legal property description of the premises upon which the business is to be conducted and the junkyard located and a statement that the premises complies and that the applicant will comply with this chapter. Upon receipt of the application and license fee by the Municipality, if the application complies with the provisions hereof, the Chief Administrator or the Council shall, within 20 days, issue its license authorizing the operation and maintenance of a junkyard upon the premises by the junk dealer. Such license shall, at all times, be conspicuously displayed upon the junkyard premises.
C.
No person licensed under this chapter shall, by virtue
of one license, keep more than one place of business or maintain or operate
more than one junkyard within the Municipality of Murrysville, nor shall any
person engage in business as a junk dealer or operate or maintain a junkyard
in any place other than the place designated upon his license; nor shall any
person operate, upon any of the roads or highways in the Municipality of Murrysville,
whether from a vehicle or upon foot, as a scavenger or an itinerant buyer
or seller of junk.
D.
The license shall be nontransferable, both as to the
junkyard premises and the junk dealer.
E.
The license shall be the person actually operating the
junkyard premises, whether said person be the actual owner of the real estate
or of some part of the fee interest therein or a lessee thereof.
F.
The owners and/or operators of existing junkyards existing prior to the effective date hereof shall have until November 1, 1967, at 12:00 noon, to comply with all provisions herein, except the filing of the application for license and payment of fees therefor, which is provided for in Subsections A and B hereof.[1]
[1]
Editor's Note: Original Section Two(g), dealing with applications
filed in 1967 and subsequent years, which immediately followed this subsection,
was deleted 12-16-1991 by Ord. No. 305-91.
G.
Any applicant for a permit for a new junkyard to be established
after the effective date hereof shall, prior to the establishment thereof,
meet all requirements of this chapter. A pro rata credit for the remaining
days of the calendar year shall be allowed towards the required license fee.
H.
Failure to comply with any clause or any section of this chapter or failure to pay any valid judgment and costs secured under § 137-6 hereof shall be grounds, among any others provided by law, for the Chief Administrator to refuse to issue or reissue any licenses herein provided for and shall constitute grounds to revoke any license previously issued, should any violation remain unabated for more than 30 days after receipt, by the licensee, of a notice of the maintenance of such a violation.
Every junk dealer licensed under this chapter shall maintain the licensed
junkyard and conduct business as hereinafter provided:
A.
All junk shall be stored behind a fence, as specified in Subsection B below, which fence shall be set back at least 50 feet from all lot lines of the premises occupied by the junkyard. Whenever such fence or any part of such fence is visible from a public road or from a residence or any adjoining property, a landscaped screen of trees and/or shrubs of at least two staggered rows in depth, of varieties capable of attaining a continuous height of six feet within two years of the planting thereof, shall be planted along such fence or section of fence on no more than ten-foot centers. All required open areas between fence and lot lines shall be maintained continuously in good order and free of weeds and scrub growth.
B.
Every junkyard shall be completely fenced with a heavy
duty chain link or wire mesh fence, at least six feet in height, with gates
of similar fencing material, which gates shall at all times be securely locked,
except during business hours when an adult attendant, employed as such, is
on the premises. Such fence shall have maximum openings of four square inches,
and the wire mesh shall be of a minimum size and strength of No. 10 gauge
steel wire.
C.
The operator, owner or the employees of every junkyard
may burn or melt junk only after first notifying the inspecting municipal
employee or the Chief Administrator at least 12 hours in advance thereof and
while an attendant is continuously on duty during such burning or melting.
D.
All junk shall be stored and set back at least 50 feet
from any adjoining premises and at least 75 feet from the nearest edge of
the cartway of any public road or highway.
E.
No junkyard shall operate between the hours of 10:00
p.m. and 6:00 a.m., prevailing time, except to remove any wrecked automobile
from any public highway.
F.
All junk shall be stored and arranged so as to permit
access by fire-fighting equipment and to prevent accumulation of stagnant
water. Junked automobiles or junk, as defined herein, shall be spaced in rows
with at least 15 feet between each double row to permit movement of fire equipment.
Junk, as defined herein, shall not be piled to a height of more than eight
feet from the ground.
G.
All fuel and oil shall be drained from any junked automobiles
into containers within 24 hours from arrival on the said premises of the junked
automobile. Gasoline or oil shall be stored at only one location on the licensee's
premises, and no more than 25 gallons in aggregate of gasoline or oil shall
be stored above ground.
H.
All weeds on any junkyard shall be kept mowed and shall
not be permitted to go to seed.
I.
No garbage or organic waste shall be permitted to be
stored on any junkyard.
J.
Paper, rags, plastic materials and rubbish shall not
be stored outside and shall not be accumulated or remain on any junkyard premises
and shall be removed monthly.
K.
Junkyards shall at all times be maintained in such manner
as to cause no public or private nuisance; nor to cause any menace to health
or safety of any persons off the premises; nor to cause any excessive or offensive
or noxious sounds or odors; nor to cause the breeding, harboring or infesting
of rats, rodents or vermin; nor to cause a violation of any health or sanitation
law, ordinance or regulation of any governmental body.
L.
Permanent records of all junk received or removed from
any junkyard shall be kept by the junk dealer on the premises, containing
the name and address from whom received or delivered and the date thereof
and a description of the junk, which shall, at all times, be open to inspection
by any member of the Council or its duly authorized agent or any law enforcement
officer.
M.
No junk shall be removed from any junkyard, nor broken
up, reduced or altered in shape or form for a period of 48 hours after the
same is placed on the junkyard premises.
N.
No junk shall be loaded, unloaded or placed outside of
the enclosure fence, temporarily or permanently, either on the property or
in the public right-of-way.
Any member of the Council or a duly authorized agent or representative
thereof may, at any time, enter upon and inspect any premises for which there
is a pending application for a junkyard license or which holds a current junkyard
license.
The Council may, from time to time, adopt regulations to carry out the
provisions of this chapter upon giving notice to the licensees affected by
such regulations, at least 30 days in advance of the effective date thereof.
[Amended 12-16-1991 by Ord. No. 305-91]
In addition to any sanction or remedy provided for in this chapter,
any person who violates any provision of this chapter shall, upon conviction
thereof before a District Justice or any person of similar jurisdiction in
a summary proceeding, be sentenced to pay a fine of not more than $600, to
be collected as other fines and costs are by law collectible, and in default
of payment thereof, shall be imprisoned for not more than 90 days. Continuing
violation as to any provision hereof, after notice from the inspector or the
Chief Administrator of the Municipality, shall be a separate violation for
each day.
The Council or any person may take any appropriate action at law or
in equity, civil or criminal, to enforce the provisions of this chapter, and
this chapter shall in no way restrict any remedies otherwise provided by law.
A.
The Council shall appoint and provide compensation for
an employee to be known as the "Junkyard Inspector," who shall be the Code
Enforcement Officer of the Municipality.
[Amended 12-16-1991 by Ord. No. 305-91]
B.
It shall be the duty of the inspecting Municipality employee
to administer this chapter for the Council.
C.
The inspecting Municipality employee shall keep a registration
list of all junkyards in the Municipality. He shall inspect such junkyards
for compliance with these regulations and shall inspect each junkyard upon
each annual application for a license or renewal thereof.
D.
Any member of the Council may, at any time, also so inspect
any such junkyard.
[Amended 12-16-1991 by Ord. No. 305-91]
This chapter shall apply to existing junkyards and new or proposed junkyards, but compliance herewith shall not be deemed compliance with, among others, Chapter 3, Article VI, having to do with planning; Chapter 85,[1] having to do with Building Codes; any regulations having to do with outdoor fires; Chapter 120, having to do with abandoned vehicles and dumping garbage; Chapter 220, relating to zoning; and Chapter 169, having to do with peddling, and the terms thereof shall be met in addition to all applicable terms hereof. This chapter shall in no way be construed as including all requirements for the implementation of new junkyards or as an authorization therefor.
This chapter may be cited as the "Municipality of Murrysville Junkyard
Ordinance."
