[Ord. 461, 12/2/2015]
Part 1 of this chapter shall be known and may be cited as the "Borough of Saxonburg Junkyard and Refuse Ordinance."
[Ord. 461, 12/2/2015]
1.
BOROUGH
COUNCIL
JUNK
JUNK DEALER
JUNKYARD
LICENSE
PERSON
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated:
The Borough of Saxonburg, Butler County, Pennsylvania.
The Council of the Borough of Saxonburg.
Any discarded material or article. It shall include, but
not be limited to, scrap metal, scrapped, abandoned or junk motor
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 herein 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 Saxonburg.
Any place where any junk, as herein defined, is stored, disposed
of, or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Includes any partnership, association, firm and corporation.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine.
[Ord. 461, 12/2/2015]
1.
No person shall engage in business as a junk dealer or maintain a
junkyard without first having obtained a license from the Borough.
In addition, a person engaged in the operation of a junkyard as a
preexisting use prior to the effective date of this Part shall continue
to engage as a junk dealer and/or maintain a junkyard without first
having obtained a license from the Borough.
2.
The cost of the license shall be as from time to time determined
by resolution of the Borough Council, duly enacted.
3.
All licenses shall be for a period of 12 months and must be renewed
annually.
[Ord. 461, 12/2/2015]
Written application shall be submitted to the Borough for review by the Code Enforcement Officer and the Secretary of Council or other designee of the Council on forms supplied by the Borough. All applications shall be accompanied by a plot plan of the premises. The plot plan shall, where applicable, demonstrate the applicant's compliance with the regulations set forth in § 14-112. The Code Enforcement Officer or Secretary may reject any application which he/she deems incomplete or which is not accompanied by the required fee. Any license issued pursuant to this Part shall state the name of the person to whom such license is issued and shall be conspicuously posted upon the licensed premises.
[Ord. 461, 12/2/2015]
1.
Upon receipt of the administratively complete application, the Borough
Code Enforcement Officer shall inspect the premises and equipment
with which the junkyard is to be operated to determine compliance
with the provisions of this Part and report his findings to the Borough
Council in writing. In addition, the Code Enforcement Officer shall
have the right, at all reasonable times, to enter and inspect any
junkyard for the purposes of enforcement of this Part.
2.
The Borough Council shall, within 30 days of receipt of the application,
issue the license or alternatively deny the license, in writing, along
with a statement of the reasons for denial.
[Ord. 461, 12/2/2015]
1.
Any person engaged in the operation of a junkyard as a preexisting
use prior to the effective date of this Part shall be entitled to
a reduced license fee as follows:
2.
The license fee shall be paid immediately upon the issuance or renewal
of the license.
4.
No license shall be issued for the use of a tract of land in excess
of five acres, excluding setback areas.
[Ord. 461, 12/2/2015]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Borough or maintain
more than one junkyard, for the purpose of buying, selling and dealing
in junk. No person shall engage in business as a junk dealer in any
place other than the place designated upon his license.
[Ord. 461, 12/2/2015]
No license issued by the Borough shall be transferable by the licensee 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 license, as described in § 14-104 of this Part, by the transferee.
[Ord. 461, 12/2/2015]
In the event the Borough shall approve the transfer of the license, the transferee shall immediately pay to the Borough a transfer fee equal to 1/2 of the license fee as established in § 14-106 of this Part.
[Ord. 461, 12/2/2015]
Every person licensed under this Part 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 which shall, at all times, be subject to the inspection of any
official of the Borough.
[Ord. 461, 12/2/2015]
Every person licensed under this Part 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.
[Ord. 461, 12/2/2015]
Every person licensed under this Part 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 in
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 shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored aboveground
in said junkyards, provided the same is 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 Pennsylvania Department of Labor and made known to the Borough.
D.
The manner of storage and arrangement of junk in 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 Subsection
D above.
F.
A person licensed under this Part shall not burn any junk on the
licensed premises at any time, and this prohibition shall include
but not be limited to oil, grease, tires, gasoline or other similar
material.
G.
The premises to be licensed shall be set back a minimum distance
of 50 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.
All new junkyards (where the junkyard application is made after the
effective date of this Part) shall be fenced in by a six-foot opaque
fence unless, in the reasonable opinion of Council, physical circumstances
would make fencing wholly impractical or unnecessary. 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 a 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 the license.
I.
A cleared emergency lane of no less than 25 feet shall be maintained
through or around the entire perimeter of the junkyard to facilitate
access by emergency equipment such as fire trucks and the like.
J.
The Borough Council, in acting upon an initial application for a
new junkyard, shall take into consideration the impact upon surrounding
properties, among the other factors set forth herein.
K.
Dismantling operations for new junkyards shall take place inside
an enclosed structure. All vehicles awaiting dismantling shall be
parked in improved parking areas specifically designated for this
purpose.
[Ord. 461, 12/2/2015]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and costs of prosecution, including reasonable attorneys'
fees and costs and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days; provided that each day's
continuance of a violation shall constitute a separate offense.
[Ord. 461, 12/2/2015]
In addition to the remedies provided in § 14-113 above, any continued violations of this Part 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.
[Ord. 461, 12/2/2015]
If any section of this Part shall be found to be invalid, the
other sections of the Part shall not be affected thereby.
[Ord. 461, 12/2/2015]
1.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
A.
B.
C.
As used in this Part, the following terms shall have the meanings
indicated:
Includes New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas.
Any natural person, association, partnership or corporation.
Includes the following:
Engaging in canvassing, soliciting or taking orders, either
by sample or otherwise, for any goods, wares, services or merchandise,
upon any street, alley, sidewalk or public ground, or from house to
house, within the Borough of Saxonburg; and
Selling, soliciting or taking orders for any goods, wares, services
or merchandise, from a fixed location within the Borough, on a temporary
basis, which shall include, but not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes, or for or in advance of specific yearly holidays.
Provided that the terms "canvassing," "soliciting" or "taking
orders" shall not apply to persons, corporations, partnerships and
associations, their agents or employees, who have complied with the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and neuter.
[Ord. 461, 12/2/2015]
1.
No person shall engage in any transient retail business within the
Borough of Saxonburg without first having obtained from the Borough
Secretary or such other person designated by the Council or the Mayor
a license, for which the appropriate fee, which shall be for the use
of the Borough, shall be charged. The fee charged will be as established
in the Comprehensive Fee Ordinance in force at the time of the application.
There are no refunds for events planned and not attended or canceled
due to weather.
2.
The original fees set within this Part are as follows:
A.
For non-door-to-door solicitation as an event participant: $10 for
one day or fraction thereof. For repetitive events, the fee for a
seasonal permit will be established as $10 x the number of events
scheduled.
3.
Provided: no license fee shall be charged under this section:
A.
To farmers selling their own produce on their property;
B.
For the sale of goods, wares and merchandise donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose, including but not limited to local school
activities, the Fire Department, and the Saxonburg Historic Restoration
Commission;
C.
Any milk, milk product, bread or bakery product, meat or meat product,
or other agricultural product raised or grown primarily in Butler,
Armstrong, Beaver, Allegheny, Westmoreland, Mercer or Clarion Counties
in Pennsylvania;
D.
For the sole benefit of any local nonprofit or charitable purpose
such as: school projects and activities, scouting, 4H, church projects
and activities; but all persons exempted hereby from the payment of
the license fee shall be required to register with the Borough Secretary
or the Mayor and obtain a license without fee. As used herein, "local"
means "substantially located in and affecting the residents of Saxonburg
Borough."
4.
Provided further: any person dealing in one or more of the above-mentioned
exempted categories, in dealing with other goods, wares or merchandise
not so exempted, shall be subject to the payment of the license fee
fixed by this section for his activities in connection with the sale
of goods, wares and merchandise not in such exempted categories.
5.
Provided further: the Secretary or Mayor may similarly exempt from
payment of the license fee, but not from registering with him, persons
working without compensation and selling goods, wares or merchandise
for the sole benefit of any nonprofit corporation.
6.
Provided further: every license issued under the provisions of this
Part shall be issued on an individual basis to persons engaging in
such business; each individual shall obtain a separate license, issued
to him in his name, and the license fee hereby imposed shall be applicable
to every such individual license.
[Ord. 461, 12/2/2015]
Every person desiring a license under this Part shall first
make application to the Secretary or the Mayor for such license. If
such person shall also be required to obtain a license from any state
or county officer, he shall, when making such application, exhibit
a valid license from such state or county officer. The applicant shall
give his name and address; his criminal record, if any; the name of
the person by whom he is employed; the type of goods, wares and merchandise
he wishes to deal with in such transient retail business; the length
of time for which such licenses to be issued; and the type of vehicle
to be used, if any. Application for any door-to-door licenses shall
be submitted two business days prior to the date for solicitation.
[Ord. 461, 12/2/2015]
1.
Upon receipt of such application and the prescribed fee, the Secretary
or the Mayor, if he shall find such application in order following
investigation, shall issue the license required under this Part. If,
after investigation, the license application is rejected, the Secretary
or such person designated by the Board, or the Mayor, shall deny the
license, in writing, along with a statement of the reasons for denial.
2.
Such license shall contain the information required to be given on
the application therefor.
3.
Every license holder shall carry such license upon his person if
engaged in a transient retail business from house to house or upon
any of the streets, alleys, sidewalks or public grounds, or shall
display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license,
upon request, to all police officers, Borough officials, and citizens
or residents of the Borough.
[Ord. 461, 12/2/2015]
No person engaged in any transient retail business shall:
1.
Sell any product or type of product not mentioned in his license;
2.
Sell his or her services, merchandise, wares, and goods upon any
of the streets, alleys, sidewalks or public grounds of the Borough;
3.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell the product to persons residing in the immediate
vicinity;
4.
Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or of any stock or wares or foodstuffs which have become unsalable
through handling, age or otherwise; or
5.
When working from house to house, engage in such business at any
time before 9:00 a.m. or after dusk. Solicitation from house to house
is not permitted on holidays, Sundays, or after 3:00 p.m. on Saturdays,
or any other date denoted on the license by the Secretary or the Mayor.
[Ord. 461, 12/2/2015]
1.
The Mayor is hereby authorized to suspend or revoke any license issued
under this Part when he deems such suspension (or revocation) to be
beneficial to the public health, safety or morals, or for violation
of any of the provisions of this Part, or for giving false information
about any application for license hereunder.
2.
Appeals from any suspension or revocation may be made to the Borough
Council at any time within 10 days after such suspension or revocation.
3.
No part of a license fee shall be refunded to any person whose license
shall have been suspended or revoked.
[Ord. 461, 12/2/2015]
Any person who shall violate any provision of this Part shall,
for every such violation, upon conviction thereof, be sentenced to
pay a fine of not more than $1,000 and costs of prosecution, including
reasonable attorneys' fees and costs, and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days;
provided that each day's continuance of a violation shall constitute
a separate offense.
[Ord. 461, 12/2/2015]
The provisions of this Part shall be severable; and if any section,
part of a section or provision thereof shall be held to be unconstitutional,
illegal or otherwise invalid, such decision shall not affect the validity
of any of the remaining sections, parts of sections or provisions
of this Part. It is hereby declared as a legislative intent that this
Part would have been adopted had such unconstitutional, illegal or
otherwise invalid provision not been a part hereof.
[Ord. 461, 12/2/2015]
The Borough Council of the Borough of Saxonburg is hereby authorized
and directed to execute any and all documents necessary to effectuate
the purposes of this chapter.
