[HISTORY: Adopted by the Borough Council
of the Borough of Marietta 10-8-1963 by Ord. No. 276 (Ch. 56 of the 1983 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 370.
It is the purpose and intention of this chapter
to prohibit the establishment and operation of junkyards and automobile
graveyards in order to maintain, provide for and protect the health,
safety and welfare of the inhabitants of the Borough of Marietta.
The following words, terms and phrases when
used in this chapter shall have the meaning hereinafter ascribed to
them, except where the context clearly requires a different meaning:
Any vehicle not under a repair contract from which the tires,
motor or any body part has or have been removed and which remains
on property, public or private, for a period of 15 days.
Any out-of-door area used for the storage or keeping thereon
of abandoned, junked or discarded motor vehicles or parts thereof;
provided, however, that the presence of more than four such vehicles
on the premises of the operator of any bona fide garage, machine shop,
vehicle repair shop or of a bona fide used car dealer shall not constitute
the premises an "automobile graveyard" hereunder.
A location for the deposit of materials, combustible or otherwise,
which the owner or person depositing considers of possible value for
reuse by or reduction into usable form for another person. Said term
shall include but is not limited to scrap yards, surplus or salvage
material storage yards, abandoned or junked vehicle and automobile
graveyards.
Any natural person, firm, partnership, association, institution
or private, public or quasi-public corporation.
It shall be unlawful for any person to establish,
operate or maintain a junkyard or automobile graveyard within the
Borough of Marietta after the effective date of this chapter.
It shall be unlawful for any person to allow,
permit or store an abandoned or junked vehicle on property, public
or private, within the Borough of Marietta for a period of 15 days
after the effective date of this chapter.
Any junkyard or automobile graveyard heretofore
established and now existing and maintained upon any property, public
or private, within the Borough of Marietta is hereby declared to be
a nuisance, and Marietta Borough Council deems it or them to be harmful
to the health, safety and welfare of the inhabitants of the Borough
of Marietta, and any such junkyards and automobile graveyards shall
be removed by the owner, lessee or proprietor of such properties on
or before July 1, 1964.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Lancaster County.
