[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady 4-21-1964 by Ord. No.
5. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Brady Township
Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
The Board of Supervisors of Brady Township.
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.
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 Township of Brady.
Any place where any junk is hereinafter 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.
Brady Township, Butler County, Pennsylvania.
No person shall engage in business as a junk dealer, or maintain
a junkyard without first having obtained a license from the Board,
for which license a fee in accordance with the schedule hereinafter
set forth shall be paid to the Township for the use of the Township.
The license shall be issued for the twelve-month period beginning
July 1 and ending June 30 of the following year, and each license
must be renewed annually on or before the first day of each year.
The license provided for in this chapter shall be issued by
the Board 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 Board.
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 Board, the Board shall
issue a license or shall refuse to issue a license to the person applying
therefor after an examination of the application and taking into consideration
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby, and
the effect of the proposed use upon the Township, both economic and
aesthetic. In the event the Board shall issue a license, it may impose
upon the license and the person applying therefor such terms and conditions
in addition to the regulations herein contained and adopted pursuant
to this chapter as may be deemed necessary to carry out the spirit
and intent of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be as
set from time to time by resolution of the Board of Supervisors, such
fee to be for the use of the Township. 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 chapter shall, by virtue of one
license, keep more than one place of business within the Township
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 Board shall be transferable by the licenser to any other person unless such a transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 192-4 of this chapter by the transferee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event the Board shall approve the transfer of a license,
the transferee shall immediately pay the Township a transfer fee as
determined from time to time by resolution of the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every person, licensed under this chapter, 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 name
of the person from whom such article or material was purchased, received
or handled by such person. Said book shall at all times be subject
to the inspection of any official of the Township.
Every person, licensed under this chapter, 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.
Every person licensed under this chapter shall constantly maintain
the licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this section and any
subsequent regulations adopted by the Board:
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 above
ground in said junkyards, provided the same be placed in containers
approved by the Board. All other gasoline which is kept in the premises
shall be stored underground, which underground storage must be approved
by the Board.
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 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 § 192-12D above.
F.
A person licensed under this chapter shall not burn on any day except
the last three days of the week, namely Thursday, Friday and Saturday,
between the hours of 8:00 a.m. and 4:30 p.m. It is further provided
that it shall be unlawful for the aforesaid burning to be done less
than 50 feet from the boundary lines of the property. Burning must
be attended and controlled at all times.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
The premises to be licensed shall be set back a minimum distance
of 15 feet from the right-of-way lines on all streets or roads and
a minimum distance of 15 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.
When the Board 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 Board or by evergreen screen
plantings or both. The Board may set forth the fence and plantings
requirement at the time of the renewal or transfer of a license.
I.
It shall be unlawful for any person to store after the effective
date of this chapter any scrap or junked automobile or parts of abandoned
or junked automobiles on private property within the geographical
boundaries of Brady Township, Butler County, Pennsylvania, for any
portion of a calendar day, without first having obtained a license
as herein provided for; the storage of any junk scrap, junked automobiles,
junked automobile parts for more than one day, shall constitute a
separate and distinct unlawful act for each and every calendar day.
[Amended 11-15-1966;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any of the provisions of this chapter
shall upon conviction thereof, by a summary proceeding, be sentenced
to pay a fine of not more than $1,000, and the costs of prosecution,
and in default of the payment of the fine or penalty imposed and the
costs, said persons may be sentenced and committed to the county jail
for a period not exceeding 90 days. Each day's violation of any of
the provisions of this chapter shall constitute a separate offense.
In addition to the remedies provided in § 192-13, above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
If any section of this chapter shall be found to be invalid,
the other section of the chapter shall not be affected thereby.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
