There was an addition added to this Ordinance (SEE LAST PAGE)
§ 53-1.Title.
§ 53-8.Transfer of license.
§ 53-2.Definitions.
§ 53-9.Transfer fee.
§ 53-3.License required.
§ 53-10.Records.
§ 53-4. Application for license.
§ 53-11. Delay in disposal.
§ 53-5. Issuance of license.
§ 53-12. Regulations.
§ 53-6. License fee.
§ 53-13.Violations and penalties.
§ 53-7. License limitation.
§ 53-14.Abatement of nuisances.

[HISTORY: Adopted by the Borough Council of the Borough of Callery 12-3-1964 by Ord. No. 47. Amendments noted where applicable.]


Property maintenance -See Ch. 61. Storage of junked vehicles -See Ch. 83. Solid waste disposal -See Ch. 68. Zoning -See Ch. 93.

§ 53-1. Title.

This chapter shall be known and may be cited as "Borough of Callery Junkyard and Refuse Ordinance."

§ 53-2. Definitions.

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:

BOROUGH -Borough of Callery, Butler County, Pennsylvania.

COUNCIL -The Council of the Borough of Callery, Butler County, Pennsylvania.

JUNKYARD and JUNK -A lot, or land, or part thereof, where waste, used or second hand materials are bought, sold, exchanged, stored, collected, baled, packaged, disassembled or handled, including but not limited to scrap iron, other metals, paper, rags, rubber tires; and, further, includes an auto wrecking yard, machinery or vehicle salvage and sale of parts thereof. The collection and/or storage of two or more vehicles or heavy machinery units, not in running condition, constitutes a junkyard within the scope of this chapter.

JUNK DEALER -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 Borough of Callery.

LICENSE -The permit granted to a person who accumulates, stores or disposes of junk as hereinbefore defined.

PERSON -Any partnership, association.. finn and corporation.

§ 53-3. License required.l

No person shall engage in business as a junk dealer, or maintain a junkyard, without first having obtained a license from the Borough, for which license a fee in accordance with the schedule hereinafter set forth shall be paid to the Borough for the use of the Borough. The license shall be issued for the twelve-month period beginning January 1 and ending December 31, and each license must be renewed annually on or before the first day of January of each year.

§ 53-4. Application for license.

The license provided for in this chapter shall be issued by the Borough through its Secretary of 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 fonn, every question of which must be answered, which form will be supplied by the Borough. Applicant shall also submit therewith a plot of the premises used or to be used in connection with such license.

§ 53-5. Issuance of license.

Upon receipt of an application by the Borough, it 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 purpose of the license, the character of the properties located nearby, and the effect of the proposed use upon the Borough, both economic and aesthetic. In the event the Borough shall issue a license, it may impose upon the license and the person applying therefor such tenns 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.

§ 53-6. License fee.2

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 schedule of fees as set forth by resolution of the Borough Council, as detennined by the actual land to be used by the person to whom the license is issued, excluding all set back areas. No license shall be issued for the use of a tract of land in excess of five acres, excluding setback areas.

§ 53-7. License limitation.

No person licensed under this chapter shalL by virtue of one license, keep more than one place of business within the Borough 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.

§ 53-8. Transfer of license.

No license issued by the Borough shall be transferable by the licenses to any other person unless such a transfer is authorized by the Borough. Any person desiring to transfer his license shall notify the Borough in writing, which notification shall be accompanied by an applicant for a license, as described in § 53-4 of this chapter, by the transferee.

§ 53-9. Transfer fee.

In the event the Borough shall approve the transfer of a license the transferee shall immediately pay to the Borough a transfer fee as set forth by resolution of the Borough Council.

§ 53-10. Records.

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 person from whom such article or material was purchased, received or handled by such person and shall, at all times, be subject to the inspection of any official of the Borough.

§ 53-11. Delay in disposal.

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 fonn, shape or condition until such period of 48 hours shall have elapsed.

§ 53-12. Regulations.

Every person licensed under this chapter shall constantly maintain the licensed premises in accordance with any special provisions imposed by the Borough and in the manner prescribed by this section and any subsequent regulations adopted by the Borough:

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 vennin.

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, and disposed of in accordance with applicable law.4.

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.

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 Subsection D above.

F. A person licensed under this chapter shall not burn any junk on the licensed prerruses at any time, and this prohibition shall include but not be limited to oil, grease, tires, gasoline or other similar material.5

G. The premises to be licensed shall be set back a minimum distance of 50 feet from the right of way lines on all streets or roads and a minimum distance of 50 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 Borough 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 Borough or by evergreen screen plantings, or both. The Borough may set forth the fence and planting requirements at the time of the issuance of a license or at the time of removal or transfer of a license.

§ 53-13. Violations and penalties.6

Any person who shall violate any of the provisions of this chapter shall upon conVIctIon thereof, by a summary proceedings, be sentenced to pay not more than $1,000, and the costs of prosecution, and in default of payment of such fine and costs, shall be imprisoned for not more than 30 days, provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.

§ 53-14. Abatement of nuisances.

In addition to the remedies provided in § 53-13 above, any continued violations of this chapter, which shall constitute a nuisance in fact or which shall, in the opinion of the Borough, constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.


Ordinance # 83-2

Ordinance for Junked Vehicles shall be amended as follows: any motor vehicle of all kinds and character outside of a fully enclosed building not in full and con1plete order and without current inspection, or not il1sured, or without current registration plates, or any such motor vehicle stored for resale as junk metal, or any such motor vehicle outside of a fully enclosed building stored for selling parts there from.