Township of Rostraver, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 124.
Solid waste — See Ch. 161.
Zoning — See Ch. 195.
[Adopted 9-5-1989 as Part 6, Ch. 2, Art. B, of the 1989 Code]
A. 
As used in this article, the following words and terms shall have the meanings set out in this section:
JUNK
Any discarded material or article such as is not ordinarily disposed of as 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 article or material.
JUNK DEALER
Any person, as defined in this section, who shall engage in the business of selling, buying and dealing in junk or who shall have on his premises more than one junked motor vehicle for a period of 30 days of more.
JUNKED MOTOR VEHICLE
Any motor vehicle which does not bear a then-current registration plate and an approved and current inspection sticker of the Pennsylvania Department of Transportation or of the Motor Vehicle Bureau of any other state.
PERSON
Any natural person, partnership, firm or corporation.
B. 
In this article, 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 Township without first having obtained a license from the Secretary, for which license the fee shall be as set from time to time by resolution of the Board of Commissioners for each and every calendar year, that fee to be for the use of the Township. The license shall be renewed annually on or before the first day of January. In any case where a junk dealer's business shall be established in the Township on or after the first day of July in any year, the license fee payable by that junk dealer for the remainder of such year shall be at one-half the yearly rate.
The license provided for in § 112-2 shall be issued by the Secretary after application for the license has been made by the person desiring to be licensed. The license shall state the name of the person to whom the license is issued and the premises from which the business is to be conducted. The license shall be posted conspicuously upon the premises licensed under it. The name of 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 that dealer.
No person licensed under this article shall, by virtue of one license, keep more than one place of business within the Township for the purpose of buying, selling and dealing in junk; nor shall any such person engage in business as a junk dealer in any place other than the place designated upon his license; nor shall any such person, or any other person, operate upon any street in the Township, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.
No license issued under this article 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 set from time to time by resolution of the Board of Commissioners.
Every junk dealer licensed under this article shall keep and retain upon the licensed premises, for a period of 48 hours after the purchase or receipt thereof, all junk, including abandoned vehicles, received or purchased by him where no title or proof of ownership is in the possession of that dealer, and he shall not disturb or reduce the same or alter the original form, shape or condition until that period of 48 hours shall have elapsed; provided, however, that the dealer may remove and store valuable parts during that period.
Every junk dealer licensed under this article shall constantly maintain the licensed premises in the manner prescribed by this section, as follows:
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 and no paper, rubbish, rags or other flammable articles or materials shall be kept on said premises, except salable interiors which are affixed to the junked motor vehicles.
C. 
Whenever any motor vehicle shall be received in the premises as junk, all gasoline except in salvageable gasoline tanks shall be drained and removed therefrom, and none shall be permitted to remain upon the premises.
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, a reasonable areaway shall be maintained at all times. A ten-foot fire lane width from traveled road or adjacent property must be maintained on either side of rows of storage, which shall not be deeper than five cars end to end.
E. 
The 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. or after 6:00 p.m., except usable, repairable parts of automotive equipment of an emergency nature.
Any person who violates any provision of this article shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Each day's violation of any provision of this article shall constitute a separate offense.
[Adopted 9-5-1989 as Part 5, Ch. 2, and Part 6, Ch. 2, Art. F, of the 1989 Code; amended in its entirety 2-23-2000 by Ord. No. 421]
A. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances and household furnishings creates a hazard and danger to the health and welfare of people of the Township.
B. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings provided a breeding area for rodents and other unhealthful animals.
C. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings creates an attractive nuisance for children who are not aware of the danger involved in them.
D. 
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings violates all concepts of ecological and environmental principles.
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ABANDONED
Any item resting for 96 hours or more and which is inoperable or without current registration plates or certificate of inspection or in such a condition as to be unusable.
APPLIANCE
A stove, refrigerator, television set, furnace, water heater, water softener, washer, dryer or mangle, any household article used to perform any of the necessary work in a household and any article used in business to increase production or to speed, ease or eliminate work.
BOAT
Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
DISCARDED
Any item resting for 96 hours or more with no known or apparent owner.
HOUSEHOLD FURNISHING
All items normally found and used in a home.
JUNKED
Items sold or to be sold for scrap, being stripped or being used or sold for parts.
TRAILER
A wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.
VEHICLE
An automobile, motorcycle, motorbike, minibike, bicycle, go-cart, truck or other wheeled means of conveyance, motorized or self-propelled.
It shall be unlawful for any person to accumulate or store any junked, abandoned or discarded vehicle, trailer, boat, appliance or household furnishing on private or public property within the Township. All such items shall be removed by the owner or occupier of those grounds after notice to do so, and in default thereof, the Township may cause the same to be done and collect the cost thereof, together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action of assumpsit or may seek relief by bill in equity.
Any person who violates any provision of this article shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $50 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Each violation of any provision of this article, and each day on which the same is continued, shall constitute a separate offense.