[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 7-15-1980 as Ch. 63 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 80.
[Added 12-15-1992 by Ord. No. 398, approved 12-15-1992; amended 5-28-1998 by Ord. No.
528]
A.
The Borough Code, 53 P.S. § 46202(29), authorizes
the regulation and licensing of junkyards, salvage yards and like
operations; 53 P.S. § 46202(5) authorizes the prohibition
and removal of nuisances; 53 P.S. § 46202(6) authorizes
the Borough to make such regulations as may be necessary for the health,
safety, morals, general welfare and cleanliness and the beauty, convenience,
comfort and safety of the Borough; 53 P.S. § 46202(21) authorizes
the Borough to make regulations as may be deemed proper relative to
the cause and management of fires and the prevention thereof; and
53 P.S. § 46202(24) authorizes the Borough to enact and
enforce ordinances relating to buildings and housing, their construction,
alteration, extension, repair and maintenance and all facilities and
services in or about such buildings or housing.
[Amended 11-21-2000 by Ord. No. 539]
B.
Borough residents have repeatedly informed the Borough
Council that dust, noise, smoke, pollution, dirt and unsightly and
offensive views resulting from junkyard, salvage yard and other such
places as well as other commercial, industrial and manufacturing activities
causing the same effects in the Borough seriously interfere with the
use and enjoyment of residential properties and harm property values.
C.
The Borough Council finds that the regulations contained
herein are necessary to prevent Borough residents from being subject
to noise, dust, smoke, pollution, dirt, risk of harm, unsightly offensive
views resulting from such activities, and to preserve and protect
a pleasant residential environment and scenic and property values
in the Borough.
D.
Borough residents have on numerous occasions reported
that noise from such establishments has interfered with the residents'
normal activities in their homes.
E.
Noise which interferes with the normal use and enjoyment
of residential properties are likely to reduce property values.
F.
Regulation of such effects is necessary to protect
the physical, psychological and mental well-being of persons residing
in residential areas, to preserve and protect a desirable residential
neighborhood and to preserve residential property values.
G.
The Borough Council finds that the proximity of many
of the commercial, industrial and manufacturing enterprises in the
Borough are located in close proximity to residential uses and are
highly visible to the public.
[Amended 12-15-1992 by Ord. No. 398, approved 12-15-1992; 5-28-1998 by Ord. No.
528]
A.
All persons, or business entities primarily engaged
in the business of buying, selling, processing, sorting, transporting
and/or dealing in junk, scrap, iron, lead, brass, copper or other
metals, rags, bones or other materials commonly termed junk or scrap
shall be divided into two classes. The first class shall include all
persons or business entities having a yard, house, building or other
place or premises at a fixed location in the Borough for the conduct
of said business. The second class shall include such persons as shall
have no primary fixed location in the Borough for the conduct of said
business, but who shall conduct the same by vehicle or other conveyance
or on foot.
B.
Dealers of the second class as defined herein shall
not carry on such business without having first obtained a license
from the Borough, which license shall be dated the first day of April
for each year; shall be renewed annually on the first day of April
of each succeeding year; and shall be granted only upon and subject
to the terms, conditions and provisions of this chapter.
C.
All other persons or business entities having a yard,
house, building or other place or premises at a fixed location in
the Borough for the conduct of said business engaging in commercial,
industrial or manufacturing activities within the Borough shall hereinafter
be referred to as "regulated enterprises."
[Added 12-15-1992 by Ord. No. 508, approved 12-15-1992; amended 5-28-1998 by Ord. No.
528]
A.
No dealer of the first class or regulated enterprise
shall operate in the Borough unless it has first obtained a license
from the Borough. No such license shall be issued unless the operation
is in full compliance with all requirements of this chapter. If such
dealer of the first class or regulated enterprise meets the requirements
of this chapter, then such license shall be issued by the Borough
upon receipt of an application for such license, which application
provides all pertinent information as set forth below and which application
is accompanied by a license fee in the sum as set from time to time
by resolution of the Borough Council. Such license shall expire 12
months after the date of issuance and must be renewed every 12 months
thereafter as a condition of continued operation. Such license is
issued subject to revocation by the Borough for violation of this
or any other applicable ordinance.
[Amended 11-21-2000 by Ord. No. 539]
B.
Any regulated enterprise or dealer of the first class
who desires to occupy property in the Borough as such shall file a
written application with the Secretary of the Borough, which shall
include information set forth below. Any regulated enterprise or dealer
of the first class already occupying property in the Borough as such
shall within 30 days of the effective date of this chapter file a
written application with the Secretary of the Borough, said application
shall include the following:
(1)
The name and address of the owner of the property
to be so used.
(2)
The name and address of the business entity that is
operating the business thereon if different than the owner of the
property.
(3)
The signature of the licensee or licensee's representative
and a certification by the signer that the application information
is true and correct and provided subject to the penalties of 18 Pa.C.S.A
§ 4904 relating to unsworn falsification to authorities.
(4)
A plan or survey showing property lines, dimensions,
the placement and size of fences, structures, easements of record
areas used for travel by vehicles which regularly enter and exit the
property and the areas used for storage of materials, and the type
of ground surfaces on the property (i.e., dirt, gravel, bituminous
paving, concrete, etc.).
C.
The Borough Secretary shall immediately deliver the
application to the Borough Code Enforcement Officer, who shall upon
receipt of an initial application and who may subsequently, along
with such assistants or consultants as he may choose, conduct an inspection
of the property prior to the issuance of a license or license renewal.
D.
Every dealer of the first class and/or regulated enterprise
within the Borough shall meet the following minimal criteria with
regard to the care and maintenance of the property:
(1)
That any existing fence be maintained in good order
and, if painted, it shall be painted a uniform color on any side exposed
to the general public.
(2)
That any area between any existing fence and the property
line nearest the fence, where such area is adjacent to or within 50
feet of a public roadway, shall be maintained free and clear of any
debris and the area shall be planted with grass and the grass or decorative
vegetation. Grass shall be maintained at a height not in excess of
six inches. Any trees or shrubs planted between the fence and the
roadway shall be regularly pruned and maintained.
(3)
Paving.
(a)
All areas within the licensed premises that
are traveled upon by trucks or other vehicles which regularly enter
and exit the property shall be paved with a paving material such as
cement, asphalt or crushed asphalt/milled paving material and shall
be kept in good repair at all times. In the case of such areas being
paved with crushed asphalt/milled paving material, such paving shall
comply with the following specifications:
[1]
Placement of bituminous milled paving material:
[a]
The milled paving material shall be placed in
multiple compacted layers not more than four inches thick, to achieve
a compacted depth (including the subbase) of not less than 12 inches.
[b]
All materials shall be spread, shaped and compacted
and deposited on the subgrade during the same day.
[c]
Material shall be rolled and thoroughly compacted
with an approved 3-wheel roller in accordance with PennDOT Publication
408, Section 350 and Section 108.05(c) 3.a, 3.b, 3.e.
[d]
Water shall be added during compaction to bring
material to optimum moisture content.
(b)
All other areas not traveled upon by trucks
or other vehicles which regularly enter and exit the property shall
be improved and maintained in a mud- and dust-controlled condition.
(4)
Licensee shall cause the wheels of trucks or other
vehicles which stray from the paved areas to be washed clean of mud,
dirt, dust or other debris before such vehicles re-enter upon the
public roadway.
(5)
At no time shall open burning occur on the property
except in strict compliance with the Allegheny County regulations
relating to air pollution control except as necessary to provide heat
for employees.
(6)
After the effective date of this chapter, no scrap,
junk, slag, gravel, pig iron, raw materials, by-products, waste materials,
materials to be processed or debris or other similar material may
be taken onto or stored on the property unless the material is stored
in such a way as to prevent a substantial portion of the material
from shifting, sliding, moving or from allowing such material, or
particles therefrom, to become airborne and carried to other properties
or roadways.
(7)
All storage and/or arrangement of material on the
property shall be accomplished in an orderly manner so as to facilitate
reasonable access to all areas of the property for fire-fighting and
inspection purposes;
(8)
No garbage or other organic waste shall be disposed
of on the premises nor shall it be stored on the property other than
in a dumpster or other receptacle the purpose of which is to contain
such waste while awaiting routine periodic pick-up for disposal.
(9)
The premises shall at all times be maintained so as
to not cause a nuisance or for the place of breeding of rodents and/or
vermin.
(10)
At the time of the application for the license or
the renewal of any license, the applicant shall notify the Borough
in writing of any notices of violation that it has received from any
state or county or federal agency relating to the maintenance of the
property in question, the status of the notice and the disposition
of each alleged violation making available to the Borough copies of
such notice and their disposition if requested.
(11)
The activities conducted on the property shall at
all times be in compliance with all applicable federal, state, county
and Borough laws, ordinances, and regulations.
E.
Any person aggrieved by a determination with respect
to a license hereunder and who desires to appeal said determination
must do so, in writing, to the Borough Council within 30 days of the
mailing date of such determination. The Council will dispose of the
appeal in accordance with the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105,
551 et seq. and 751 et seq.
No person, firm or corporation licensed as a
dealer of the first class or merchant, as provided in this chapter,
shall, by virtue of one license, keep more than one place of business
for the purpose of buying, selling and dealing in any of the articles
and materials named in this chapter, nor shall he or they at any time
buy, sell or deal in such articles and goods in a place other than
that for which such license is granted.
[1]
Editor's Note: Former § 63-4, License
fee for second class dealer, as amended, was repealed 5-28-1998 by
Ord. No. 528.
All persons, firms or corporations licensed
as dealers of the first class or merchants under the provisions of
this chapter shall keep and retain on their premises such scrap iron,
brass, lead, copper or other metals and rags, bones and other materials
commonly termed "junk" in their original forms, shapes and conditions
for a minimum period of 48 hours and shall not dispose of, reduce,
change or alter such original forms, shapes or conditions until such
minimum period of 48 hours shall have elapsed.
No person, firm or corporation licensed under
the provisions of this chapter shall receive or buy from minors under
the age of 18 years or unknown or irresponsible parties any scrap
iron, brass, lead, copper or other metals or rags, bones or other
materials commonly known as "junk" and mentioned in this chapter.
The premises of all persons, firms or corporations
so licensed shall be accessible at all times to the authorized representatives
of the Bureau of the Police and of the Department of Public Safety
of said Borough of Heidelberg for the purpose of examining, inquiring
into and searching for any article and materials which may be received
or purchased under the provisions of this chapter. No license shall
be granted to a dealer of the first class under this chapter unless
it is in accordance with the laws of the Commonwealth of Pennsylvania
and the ordinances of the Borough of Heidelberg governing health and
sanitation and with the rules and regulations of the Department of
Public Health. Every person, firm or corporation being licensed under
the provisions of this chapter shall so conduct the business of such
licensee that the same shall not amount to a nuisance, and places
of business, premises, vehicles and carriers of such licensees shall
be subject during the business hours herein provided to inspection
by the authorized representatives of the Department of Public Health
of the Borough of Heidelberg or the County of Allegheny.
[Added 12-15-1992 by Ord. No. 398, approved 12-15-1992; amended 5-28-1998 by Ord. No.
528]
A.
Any person, firm or corporation who violates any of
the provisions of this chapter shall, upon conviction thereof, be
punishable by a fine of not more than $600 plus the costs of prosecution
and reasonable attorneys fees, and, in default of payment of such
fine and costs, by imprisonment for not more than 30 days. Each day
of violation shall constitute a separate violation.
[Amended 11-21-2000 by Ord. No. 539]
B.
In addition to the remedies set forth in this chapter,
the Borough may take any appropriate action at law or 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.
C.
This chapter may be enforced by the Borough or any
Borough official who is authorized to enforce this chapter, all of
whom may, for enforcement purposes, enter at any reasonable time upon
premises subject to the provisions of this chapter.
[Added 12-15-1992 by Ord. No. 398, approved 12-15-1992; amended 5-28-1998 by Ord. No.
528]
No operation or activity shall cause or create
noise in excess of the sound levels prescribed below. For purpose
of this chapter the noise level shall be measured in decibels (dBA)
which indicate the sound pressure level obtained from a frequency
weighing network corresponding to the A-scale on a standard sound
level meter.
A.
At no point on or beyond the boundary of any property
used by a dealer of the first class or a regulated enterprise shall
the exterior noise level resulting from any such use or activity located
on such lot exceed a maximum weighted average of 85 dBA for an eight-hour
period; provided that between the hours of 10:00 p.m. to 6:00 a.m.
the noise level shall not exceed a maximum weighted average of 75
dBA for a three-hour period.
