[HISTORY: Adopted by the Council of the Borough
of Baden 7-18-2018 by Ord. No.
958.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 141.
Open storage — See Ch. 161.
Nuisance vehicles — See Ch. 178.
[1]
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.
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.
Any person, as defined herein, who buys, sells, keeps, dismantles,
processes, recycles, or salvages junk, as defined herein.
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:
A.Â
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.
B.Â
No garbage or other organic waste shall be stored in open containers
on the premises.
C.Â
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.
D.Â
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.
