[Adopted by Ord. No. 3-12-62B]
This ordinance shall be known and may be cited as "Municipality of Bethel Park Nonconforming Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this ordinance to have the meanings herein indicated:
PERSON — Shall include any partnership, association, firm and corporation.
COUNCIL — Shall mean the Council of the Municipality of Bethel Park.
JUNKYARD — Shall mean any place where any junk, as hereinafter defined, is stored, disposed of or accumulated.
JUNK — Shall mean any discarded material or article, and shall include, but not be limited to, scrap metal, scrapped, abandoned or junked 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.
JUNK DEALER — Shall mean any person, as hereinafter defined, who shall engage in the business of selling, buying, salvaging and dealing in junk and who maintains and operates a junkyard within the Municipality of Bethel Park.
LICENSE — Shall mean the permit granted to a person who accumulates, stores or disposes of junk as hereinbefore defined.
MUNICIPALITY — Shall mean the Council of the Borough of Bethel Park.
No person shall engage in business as a junk dealer, or maintain a junkyard, without first having obtained a license from the municipality, for which license a fee in accordance with the schedule hereinafter set forth shall be paid to the municipality for the use of the municipality. The license shall be issued for the twelve-month period beginning January 1 and ending December 31 of the following year, and each license must be renewed annually on or before the first day of January of each year.
The license provided for in this ordinance shall be issued by the Municipality Council after written application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises on which such business is to be conducted, or such junkyard is to be maintained. Such license shall be posted conspicuously upon the premises licensed thereunder. The written application for license hereinabove mentioned shall be accompanied by a form, every question of which must be answered, which form will be supplied by the municipality. Applicant shall also submit therewith a plot of the premises used or to be used in connection with such license.
Upon receipt of an application by the Municipality Council, the Council shall issue a license or shall refuse to issue a license to the person applying therefor such terms and conditions, in addition to the regulations herein contained and adopted pursuant to this ordinance, as may be deemed necessary to carry out the spirit and intent of this ordinance.
The license fee shall be paid immediately upon the issuance or renewal of a license. The amount of the license fee shall be calculated in accordance with the following schedule as determined by the actual land to be used by the person to whom the license is issued, excluding all setback areas:
No license shall be issued for the use of a tract of land in excess of 20 acres, excluding setback areas.
No person licensed under this ordinance shall, by virtue of the one license, keep more than one place of business within the municipality 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, or maintain a junkyard in any place other than the place designated upon his license.
No license issued by the Council shall be transferable by the licenser to any other person, unless such a transfer is authorized by the Council. Any person desiring to transfer his license shall notify the Council in writing, which notification shall be accompanied by an application for a license, as described in 44.4 of this ordinance, by the transferee.
In the event the Council shall approve the transfer of a license, the transferee shall immediately pay to the municipality a transfer fee of $10.
Every person, licensed under this ordinance shall provide and shall constantly keep a book, in which shall be fairly written down in the English language, 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 and a receipt and the person from whom such article or material was purchased, received or handled, and such records shall at all times be subject to the inspection of any official of the municipality.
Every person licensed under this ordinance 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 destroy or reduce the same or alter the original form, shape or condition until such period of 48 hours shall have elapsed.
Every person licensed under this ordinance shall constantly maintain the licensed premises in accordance with any special provisions imposed by the Council and in the manner prescribed by this section and any subsequent regulations adopted by the Council.
Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health of the community, of residents nearby, or a place for the breeding rodents and vermin.
No garbage or other organic waste shall be stored in such premises.
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 be placed in containers approved by the Council. All other gasoline which is kept in the premises shall be stored underground, which underground storage must be approved by the Council.
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.
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 Paragraph above.
No oil, grease, tires, gasoline or other similar materials that might be dangerous or tend to produce obnoxious smoke or odors shall be burned within a junkyard at any time.
The premises to be licensed shall be set back a minimum distance of 25 feet from the right-of-way lines on all streets or roads and a minimum distance of 25 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.
When the Council shall deem it necessary and desirable, the premises to be licensed shall at the setback lines be enclosed by a fence of type and style to be determined by the Council or by evergreen screen plantings, or both. The Council 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 a license.
Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, by a summary proceeding, be sentenced to pay not more than $100 and the costs of prosecution, provided that each day's violation of any of the provisions of this ordinance shall constitute a separate offense.
In addition to the remedies provided in 44.13 above, any continued violations of this ordinance which shall constitute a nuisance in fact or which shall, in the opinion of the Council, constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
If any section of this ordinance shall be found to be invalid, the other sections of the ordinance shall not be affected thereby.
Nothing contained in this ordinance shall in any way repeal, alter or amend the specific terms of Ordinance No. 70-11-51, the official Municipality Zoning Ordinance,*03 or any amendments thereto affecting zoning.