Unless otherwise expressly provided, the following words shall, for
purposes of this chapter, have the following meanings:
AUTOMOBILE
Any and all types of motor vehicles, including vans, trailers, equipment,
machinery or self-propelled machinery of all kinds, with the exception of
usable farm machinery.
COUNCIL
The Council of the Municipality of Murrysville, Westmoreland County,
Pennsylvania.
JUNK
Any and all forms of waste and refuse of any type of material, including
but not limited to scrap metal; used equipment or machinery; used automobiles;
used vans; used trailers; used truck cabs or bodies; or used construction,
building or road-building and/or maintenance equipment and/or machinery, and
from any of the foregoing from which parts are scavenged or recovered, or
any parts of or from any of the foregoing, including tires, batteries, upholstering
and the like, scraps, glass, industrial waste, junked automobiles, as defined
herein, and other salvageable or unsalvageable material.
JUNK DEALER
Any person who buys, sells, salvages, stores or in any way deals
in junk, as defined herein, and owns, leases, operates or maintains a junkyard,
as defined herein, within the Municipality.
JUNKYARD
Any premises where junk, as herein defined, is stored or accumulated.
Where the definition of "junk" would apply because of the storing or accumulation
of automobiles, this definition shall not include any premises upon which
there is stored or accumulated fewer than three automobiles, as herein defined;
nor shall there be included premises upon which are stored or accumulated
motor vehicles having affixed a valid Commonwealth of Pennsylvania inspection
sticker, as prescribed by applicable state law, within 30 days of the vehicle's
actual receipt by the person so storing or accumulating such; nor shall there
be included any premises upon which is stored or accumulated junk, as herein
defined, solely within the confines of a building or buildings; nor shall
there be included any premises where the principal business is the manufacture,
remanufacture, refabrication or major overhaul of heavy construction equipment;
the mere repair of or incidental repair of or to any such equipment shall
not be deemed to be remanufacture, refabrication or major overhaul; nor shall
there be included any premises where the principal business is the distribution
of new heavy equipment.
[Amended 12-16-1991 by Ord. No. 305-91]
MUNICIPALITY
The Municipality of Murrysville, Westmoreland County, Pennsylvania.
PERSON
Any natural person, partnership, firm, corporation or other legal
entity, including singular and plural, male and female.
PREMISES
Any parcel of land situated in the Municipality of Murrysville, Westmoreland
County, Pennsylvania, having a separate tax number for county assessment purposes.
Every junk dealer licensed under this chapter shall maintain the licensed
junkyard and conduct business as hereinafter provided:
A. All junk shall be stored behind a fence, as specified in Subsection
B below, which fence shall be set back at least 50 feet from all lot lines of the premises occupied by the junkyard. Whenever such fence or any part of such fence is visible from a public road or from a residence or any adjoining property, a landscaped screen of trees and/or shrubs of at least two staggered rows in depth, of varieties capable of attaining a continuous height of six feet within two years of the planting thereof, shall be planted along such fence or section of fence on no more than ten-foot centers. All required open areas between fence and lot lines shall be maintained continuously in good order and free of weeds and scrub growth.
B. Every junkyard shall be completely fenced with a heavy
duty chain link or wire mesh fence, at least six feet in height, with gates
of similar fencing material, which gates shall at all times be securely locked,
except during business hours when an adult attendant, employed as such, is
on the premises. Such fence shall have maximum openings of four square inches,
and the wire mesh shall be of a minimum size and strength of No. 10 gauge
steel wire.
C. The operator, owner or the employees of every junkyard
may burn or melt junk only after first notifying the inspecting municipal
employee or the Chief Administrator at least 12 hours in advance thereof and
while an attendant is continuously on duty during such burning or melting.
D. All junk shall be stored and set back at least 50 feet
from any adjoining premises and at least 75 feet from the nearest edge of
the cartway of any public road or highway.
E. No junkyard shall operate between the hours of 10:00
p.m. and 6:00 a.m., prevailing time, except to remove any wrecked automobile
from any public highway.
F. All junk shall be stored and arranged so as to permit
access by fire-fighting equipment and to prevent accumulation of stagnant
water. Junked automobiles or junk, as defined herein, shall be spaced in rows
with at least 15 feet between each double row to permit movement of fire equipment.
Junk, as defined herein, shall not be piled to a height of more than eight
feet from the ground.
G. All fuel and oil shall be drained from any junked automobiles
into containers within 24 hours from arrival on the said premises of the junked
automobile. Gasoline or oil shall be stored at only one location on the licensee's
premises, and no more than 25 gallons in aggregate of gasoline or oil shall
be stored above ground.
H. All weeds on any junkyard shall be kept mowed and shall
not be permitted to go to seed.
I. No garbage or organic waste shall be permitted to be
stored on any junkyard.
J. Paper, rags, plastic materials and rubbish shall not
be stored outside and shall not be accumulated or remain on any junkyard premises
and shall be removed monthly.
K. Junkyards shall at all times be maintained in such manner
as to cause no public or private nuisance; nor to cause any menace to health
or safety of any persons off the premises; nor to cause any excessive or offensive
or noxious sounds or odors; nor to cause the breeding, harboring or infesting
of rats, rodents or vermin; nor to cause a violation of any health or sanitation
law, ordinance or regulation of any governmental body.
L. Permanent records of all junk received or removed from
any junkyard shall be kept by the junk dealer on the premises, containing
the name and address from whom received or delivered and the date thereof
and a description of the junk, which shall, at all times, be open to inspection
by any member of the Council or its duly authorized agent or any law enforcement
officer.
M. No junk shall be removed from any junkyard, nor broken
up, reduced or altered in shape or form for a period of 48 hours after the
same is placed on the junkyard premises.
N. No junk shall be loaded, unloaded or placed outside of
the enclosure fence, temporarily or permanently, either on the property or
in the public right-of-way.
Any member of the Council or a duly authorized agent or representative
thereof may, at any time, enter upon and inspect any premises for which there
is a pending application for a junkyard license or which holds a current junkyard
license.
The Council may, from time to time, adopt regulations to carry out the
provisions of this chapter upon giving notice to the licensees affected by
such regulations, at least 30 days in advance of the effective date thereof.
[Amended 12-16-1991 by Ord. No. 305-91]
In addition to any sanction or remedy provided for in this chapter,
any person who violates any provision of this chapter shall, upon conviction
thereof before a District Justice or any person of similar jurisdiction in
a summary proceeding, be sentenced to pay a fine of not more than $600, to
be collected as other fines and costs are by law collectible, and in default
of payment thereof, shall be imprisoned for not more than 90 days. Continuing
violation as to any provision hereof, after notice from the inspector or the
Chief Administrator of the Municipality, shall be a separate violation for
each day.
The Council or any person may take any appropriate action at law or
in equity, civil or criminal, to enforce the provisions of this chapter, and
this chapter shall in no way restrict any remedies otherwise provided by law.
[Amended 12-16-1991 by Ord. No. 305-91]
This chapter shall apply to existing junkyards and new or proposed junkyards, but compliance herewith shall not be deemed compliance with, among others, Chapter
3, Article
VI, having to do with planning; Chapter 85, having to do with Building Codes; any regulations having to do with outdoor fires; Chapter
120, having to do with abandoned vehicles and dumping garbage; Chapter
220, relating to zoning; and Chapter
169, having to do with peddling, and the terms thereof shall be met in addition to all applicable terms hereof. This chapter shall in no way be construed as including all requirements for the implementation of new junkyards or as an authorization therefor.
This chapter may be cited as the "Municipality of Murrysville Junkyard
Ordinance."