[HISTORY: Adopted by the Council of the Borough of Baden 7-18-2018 by Ord. No. 958. Amendments noted where applicable.]
Property maintenance — See Ch. 141.
Open storage — See Ch. 161.
Nuisance vehicles — See Ch. 178.
Editor's Note: This ordinance also provided for the repeal of former Ch. 116, Junk Dealers, adopted 4-16-1956 by Ord. No. 422, as amended.
This chapter shall be known as the "Borough of Baden Junk Dealer Ordinance."
Except where otherwise indicated by context, the following definitions shall apply in the interpretation and enforcement of this chapter.
- BOROUGH COUNCIL
- The Councilmembers of the Borough of Baden, Beaver County, Pennsylvania.
- Scrap, copper, brass, antiques, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel, and other old or scrap ferrous or nonferrous material.
- JUNK DEALER
- Any person, as defined herein, who buys, sells, keeps, dismantles, processes, recycles, or salvages junk, as defined herein.
- JUNKED MOTOR VEHICLE
- Any motor-driven vehicle, regardless of size, which is incapable of being self-propelled or is unable to move under its own power upon the public streets of the Borough or is incapable of being utilized for its intended purpose; also included in this definition is any trailer, semi-trailer or any other article which would be classified as a vehicle under the Vehicle Code of Pennsylvania. The term "junked motor vehicle" shall include any disabled, abandoned, nonoperable, nonregistered, wrecked, ruined or dismantled motor vehicle.
- A yard, lot or place, covered or uncovered, which is outdoors, containing junk as defined herein, upon which principally occurs one or more acts of buying, keeping, dismantling, processing, recycling, salvaging, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, or for the storage of junked motor vehicles outside of any building or enclosure, but shall not include a transfer station licensed or permitted by the Commonwealth of Pennsylvania or a recycling center licensed or permitted by the municipality. Junkyards, as defined herein, are expressly prohibited within the Borough of Baden, Pennsylvania.
- Any natural or other person, firm, partnership, association, corporation, company or organization of any kind.
The following general requirements shall apply to all junk dealers as defined under the provisions of this chapter:
Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health, safety and welfare of the community.
No garbage or other organic waste shall be stored in open containers on the premises.
All junk shall be stored and arranged within an enclosed structure, and under no circumstances may any person operate a junkyard, as defined herein, within the Borough.
The junk dealer shall permit inspection of the business premises by the Borough or its appointed representative at any reasonable time.
It shall be unlawful for any person to violate any of the provisions of this chapter. It shall further be unlawful for any person to establish, operate or maintain a junkyard within the Borough of Baden.
The Borough Council or its duly authorized representative shall be permitted to enter and inspect the premises of any junk dealer at any reasonable time and with no notice.
Any violation of this chapter or failure to comply with any provision or provisions of this chapter shall constitute a summary offense. Any person or entity who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, and, in default of payment of any fine levied hereunder, such person, or the members, officers or directors of such entity, shall be liable to imprisonment for not more than 90 days. Each day that a violation of this chapter exists shall constitute a separate offense.
If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.