[HISTORY: Adopted by the Borough Council of the Borough of
Mount Jewett 11-11-1985 by Ord.
No. 180. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "Mt. Jewett
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 Mt. Jewett.
The Mt. Jewett 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 Mt. Jewett.
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 and corporation.
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 vehicles 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 1985 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. The
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
therefore 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 § 284-4 of this chapter, by the transferee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event the Borough shall approve the transfer of a license,
the transferee shall immediately pay to the Borough a transfer fee
of $50.
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 should be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above
the ground in said junkyards, provided 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 firefighting
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 § 284-11D 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 with a junkyard
at any time. Burning of vehicles must be attended and controlled at
all times.
G.
The premises to be licensed 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, at all times, kept
clear and vacant.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of McKean County.
In addition to the remedies provided in § 284-11 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.
If any sections of this chapter shall be found to be invalid,
the other section of the chapter shall not be affected thereby.
