[HISTORY: Adopted by the Board of Commissioners
of the Township of Rostraver as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-5-1989 as Part 6, Ch.
2, Art. B, of the 1989 Code]
A.
JUNK
JUNK DEALER
JUNKED MOTOR VEHICLE
PERSON
As used in this article, the following words and terms
shall have the meanings set out in this section:
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse, and shall include, but not be limited
to, scrap metal and scrapped motor vehicles, and shall not include
any garbage or other organic waste or any paper, rubbish, rags or
other flammable article or material.
Any person, as defined in this section, who shall engage
in the business of selling, buying and dealing in junk or who shall
have on his premises more than one junked motor vehicle for a period
of 30 days of more.
Any motor vehicle which does not bear a then-current registration
plate and an approved and current inspection sticker of the Pennsylvania
Department of Transportation or of the Motor Vehicle Bureau of any
other state.
Any natural person, partnership, firm or corporation.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
No person shall engage in business as a junk
dealer in the Township without first having obtained a license from
the Secretary, for which license the fee shall be as set from time
to time by resolution of the Board of Commissioners for each and every
calendar year, that fee to be for the use of the Township. The license
shall be renewed annually on or before the first day of January. In
any case where a junk dealer's business shall be established in the
Township on or after the first day of July in any year, the license
fee payable by that junk dealer for the remainder of such year shall
be at one-half the yearly rate.
The license provided for in § 112-2 shall be issued by the Secretary after application for the license has been made by the person desiring to be licensed. The license shall state the name of the person to whom the license is issued and the premises from which the business is to be conducted. The license shall be posted conspicuously upon the premises licensed under it. The name of licensed junk dealer and the number of the license under which he operates shall be placed in a conspicuous place on the outside of every vehicle used for business purposes by that dealer.
No person licensed under this article shall,
by virtue of one license, keep more than one place of business within
the Township for the purpose of buying, selling and dealing in junk;
nor shall any such person engage in business as a junk dealer in any
place other than the place designated upon his license; nor shall
any such person, or any other person, operate upon any street in the
Township, whether from a vehicle or upon foot, as a scavenger or an
itinerant buyer or seller of junk.
No license issued under this article shall be
transferable from one person to another person except when the ownership
of a licensed premises shall change. In any such case, the new owner
shall apply for a transfer of such license to him and shall pay a
transfer fee as set from time to time by resolution of the Board of
Commissioners.
Every junk dealer licensed under this article
shall keep and retain upon the licensed premises, for a period of
48 hours after the purchase or receipt thereof, all junk, including
abandoned vehicles, received or purchased by him where no title or
proof of ownership is in the possession of that dealer, and he shall
not disturb or reduce the same or alter the original form, shape or
condition until that period of 48 hours shall have elapsed; provided,
however, that the dealer may remove and store valuable parts during
that period.
Every junk dealer licensed under this article
shall constantly maintain the licensed premises in the manner prescribed
by this section, as follows:
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 and no paper, rubbish,
rags or other flammable articles or materials shall be kept on said
premises, except salable interiors which are affixed to the junked
motor vehicles.
C.
Whenever any motor vehicle shall be received in the
premises as junk, all gasoline except in salvageable gasoline tanks
shall be drained and removed therefrom, and none shall be permitted
to remain upon the premises.
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 fire-fighting purposes, a reasonable areaway shall be maintained
at all times. A ten-foot fire lane width from traveled road or adjacent
property must be maintained on either side of rows of storage, which
shall not be deeper than five cars end to end.
E.
The premises shall not be open for business nor shall
any work be done therein in connection with the storage, processing
and transporting or removal of junk at any time on the first day of
the week, commonly called "Sunday," or on any other day of the week
before 7:00 a.m. or after 6:00 p.m., except usable, repairable parts
of automotive equipment of an emergency nature.
Any person who violates any provision of this
article shall, for every such violation, upon conviction, be sentenced
to pay a fine of not less than $100 or more than $1,000 and costs
of prosecution and, in default of payment of fine and costs, to undergo
imprisonment for not more than 30 days. Each day's violation of any
provision of this article shall constitute a separate offense.
[Adopted 9-5-1989 as Part 5, Ch. 2, and Part
6, Ch. 2, Art. F, of the 1989 Code; amended in its entirety 2-23-2000 by Ord. No.
421]
A.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances and household furnishings
creates a hazard and danger to the health and welfare of people of
the Township.
B.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances or household furnishings
provided a breeding area for rodents and other unhealthful animals.
C.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances or household furnishings
creates an attractive nuisance for children who are not aware of the
danger involved in them.
D.
The accumulation or storage of junked, abandoned or
discarded vehicles, trailers, boats, appliances or household furnishings
violates all concepts of ecological and environmental principles.
As used in this chapter, the following words
and terms shall have the meanings ascribed to them in this section:
Any item resting for 96 hours or more and which is inoperable
or without current registration plates or certificate of inspection
or in such a condition as to be unusable.
A stove, refrigerator, television set, furnace, water heater,
water softener, washer, dryer or mangle, any household article used
to perform any of the necessary work in a household and any article
used in business to increase production or to speed, ease or eliminate
work.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
Any item resting for 96 hours or more with no known or apparent
owner.
All items normally found and used in a home.
Items sold or to be sold for scrap, being stripped or being
used or sold for parts.
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
An automobile, motorcycle, motorbike, minibike, bicycle,
go-cart, truck or other wheeled means of conveyance, motorized or
self-propelled.
It shall be unlawful for any person to accumulate
or store any junked, abandoned or discarded vehicle, trailer, boat,
appliance or household furnishing on private or public property within
the Township. All such items shall be removed by the owner or occupier
of those grounds after notice to do so, and in default thereof, the
Township may cause the same to be done and collect the cost thereof,
together with a penalty of 10% of such costs in the manner provided
by law for the collection of municipal claims or by action of assumpsit
or may seek relief by bill in equity.
Any person who violates any provision of this
article shall, for every such violation, upon conviction, be sentenced
to pay a fine of not less than $50 or more than $600 and costs of
prosecution and, in default of payment of fine and costs, to undergo
imprisonment for not more than 30 days. Each violation of any provision
of this article, and each day on which the same is continued, shall
constitute a separate offense.
