Chapter 23, Junkyards
[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-22-1968 by Ord. No. 8. Amendments noted where applicable.]
Fire prevention -- See Ch. 17.
Garbage, rubbish and refuse -- See Ch. 19.
Littering and dumping -- See Ch. 25.
Abandoned vehicles -- See Ch. 45.
Zoning -- See Ch. 50.
§ 23-1. Establishment prohibited.
It shall be unlawful for any person hereafter to establish any junkyard either on public or private property within the limits of the Borough.
§ 23-2. Definitions.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings ascribed to them as follows:
INOPERABLE VEHICLE -- Any vehicle no longer intended or in condition for legal use on the public streets.
JUNK -- Any used or discarded materials of any kind. It shall include, but not be limited to, rags, paper, plastics, glass, metals, rubber, wood, inoperable vehicles or parts thereof, machinery, furniture, appliances, structures or personal property.
JUNKYARD -- Any place or establishment where junk is accumulated, stored or disposed of, whether in connection with another business or not, or where two or more inoperable vehicles are stored.
PERSON -- Any person or persons, partnership, association, company, firm or corporation.
§ 23-3. Existing junkyards.
Existing junkyards may continue in operation as nonconforming uses, but shall terminate within one year unless they comply with the following provisions; and provided a sworn declaration of intent to obtain such license is filed with the Council within one month after the effective date of this chapter, and further provided that during the year prior to obtaining such license the operator thereof shall comply with the provisions set forth in §§ 23-8 through 23-10.
§ 23-4. License required for existing junkyard.
No person shall continue to operate an existing junkyard without obtaining a license therefor within one year after the effective date of this chapter.
§ 23-5. Application for license.
A. Application for such license shall be made in writing to the Borough Secretary. The application shall include:
(1) The name and address of the applicant.B. The application shall be accompanied by a map or plan of the real property upon which the applicant intends to conduct such business, showing:
(2) The address and exact location of the premises on which it is intended to conduct such business.
(3) Satisfactory credentials from the applicant's principal, if the applicant is to act as an agent.
(4) A description of the exact nature of the business to be conducted and the junk to be handled.
(1) The exact area to be used for such purpose.
(2) The location of any fence or other method of screening the property from view as hereinafter required.
(3) The location of any buildings on or abutting such land.
(4) The location of all streets abutting or passing through such land.
§ 23-6. Licenses: issuance, fee, term, renewal.
A. Upon approval of the application by the Borough Council, such license shall be issued by the Borough Secretary. The license shall be issued for a twelve-month period beginning January 1 and must be renewed annually on or before the first day of January.
B. The annual license fee, to be paid at the time of issuance, shall be computed at the rate of $10 for each 1/2 acre or part thereof described in § 23-5B(1), excluding all setback areas.
§ 23-7. License limitation.
A. It shall be unlawful for any person maintaining or conducting a licensed junkyard within the limits of the Borough to extend or enlarge the limits thereof, and the same shall be confined or restricted to the area described in the original application under § 23-5B(1).
B. No person licensed under this chapter shall, by virtue of the one license, keep more than one place of business within the Borough or maintain more than one junkyard for the purpose of buying, selling or dealing in junk.
C. No person shall engage in such business or maintain a junkyard in any place other than the place designated upon his license.
D. No license shall be transferred to another person without the approval of the Borough Council.
§ 23-8. Records.
Every person licensed under this chapter shall provide and shall constantly keep current a book in which shall be written down, in English, a description of every article or material purchased or received, the date and hour of such receipt and the signature of the person from whom such article or material was purchased or received. Such records shall at all times be subject to the inspection of any official of the Borough.
§ 23-9. Delay in disposal.
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, and shall not destroy or reduce the same or alter the original form, shape or condition until such period of 48 hours shall have elapsed.
§ 23-10. Operational requirements.
A. No operations which cause a general nuisance shall be permitted. Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the peace, safety or health of the community or nearby residents, or serve as a place for the breeding of rodents and vermin.
B. No garbage or other organic waste shall be stored in such premises.
C. 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.
D. Burning restrictions.
(1) Burning of any materials whatsoever shall only be conducted under constant supervision of the owner or employee, and shall be conducted only during daylight hours. The materials shall be piled or arranged in neat rows so as to permit easy, clear passage through the area. There shall be maintained at least one fire extinguisher for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.E. No highly flammable or explosive material shall be stored aboveground, in bulk, with the exception of fuel tanks or drums which are directly connected with heating appliances.
(2) There shall be no burning after 6:00 p.m. on any weekday, local time, and there shall be no burning at all on Sunday.
(3) No oil, grease, tires, gasoline or other similar materials that might be dangerous or tend to produce obnoxious smoke or odors shall be burned within a junkyard at any time.
F. Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall be drained and removed therefrom. Gasoline in an amount not exceeding 10 gallons may be stored aboveground in said junkyards, provided the same be placed in containers approved by the Council. All other gasoline which is kept on the premises shall be stored underground.
G. All materials or wastes causing fumes or dust, constituting a fire hazard or attractive to rodents or insects may be stored outdoors only if enclosed in containers.
H. Such premises shall not be open for business nor shall any work be done therein on Sunday.
§ 23-11. Setbacks and fencing requirements.
A. 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.
B. When the Council shall deem it necessary and desirable, the premises to be licensed shall be enclosed at the setback lines by a fence of height, type and style to be determined by the Council, or by evergreen screen plantings, or both. The Council may set forth the fencing and planting requirements at the time of the issuance of a license or at the time of renewal or transfer of a license.
§ 23-12. Right of entry.
Any official of the Borough shall be granted access to the area of the activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith.
§ 23-13. Suspension of license.
In the event of any violation of or noncompliance with any provision of this chapter, the Council may suspend the license of such person upon failure of the licensee to promptly abate such violation or comply herewith.
§ 23-14. Violation constitutes nuisance; abatement; noncompliance procedures.
The Council hereby declares that any violation of or noncompliance with this chapter constitutes a nuisance. The Mayor is hereby authorized to serve notice to the violator to abate same or otherwise effect compliance within seven days after issuance of such notice. In the event of noncompliance within the time stated, the Borough may enter the premises and remove same or otherwise effect compliance. The cost thereof, together with any additional payment authorized by law, may be collected by the Borough from such person in the manner provided by law.
§ 23-15. Revocation of license.
Any license issued pursuant to the provisions of this chapter may be revoked by the Council, after notice and hearing, for any of the following causes:
A. Fraud or false statement in application for license.
B. Fraud or false statement in connection with carrying out of the business for which license was granted.
C. Conviction of any violation of the provisions of this chapter.
D. Conviction of the licensee of any crime.
E. Carrying out the licensed business in an unlawful manner or in such a way as to breach the peace or to constitute a menace to the health, safety or general welfare of the public.
§ 23-16. Violations and penalties.
A. Any person who shall violate any provision of this chapter shall upon conviction thereof, for each violation, be subject to a fine of not less than $50 nor more than $100 plus costs of prosecution. In default of payment of such fine and costs, such person shall be committed to the county jail for a period not exceeding 30 days.
B. Each day that such violation exists shall constitute a separate and distinct violation.