§ 52-2License required; fee; licensing procedure.
§ 52-3Separate license required for each place of business.
§ 52-4Rules and regulations.
§ 52-5Right of entry.
§ 52-6Additional regulations authorized.
§ 52-7Appointment of Ordinance Enforcement Officer; duties.
§ 52-8Violations and penalties.
§ 52-10Effect of zoning ordinance.
Unless otherwise expressly provided, the following words shall, for the purpose of this chapter, have the following meanings:
- Any and all types of motor vehicles, including self-propelled machinery of all kinds, with the exception of usable farm machinery.
- Any and all forms of waste and refuse of any type of material, including scrap metal, junked or scrapped motor vehicles, trailers, machinery, containers, structures, glass and industrial waste. It shall not include refuse or garbage kept in a proper container for prompt disposal.
- JUNK DEALER
- Any person who buys, sells, salvages, stores or in any way deals in junk, or owns, leases, operates or maintains a junkyard within the Township.
- Any place within the Township where junk as herein defined is stored, disposed of, accumulated or maintained. Any premises having one or more used, unlicensed and inoperable automobiles or other vehicles thereon shall in any event be deemed a "junkyard"; provided, however, that any used automobile dealer or any automobile or truck dealer who is licensed or franchised as such dealer may store upon premises occupied by him, for a period not to exceed 30 days, any one junked automobile, with no more than three junked automobiles at any one time ever to be upon such premises. Should such used automobile dealer or any licensed or franchised automobile or truck dealer have a junked automobile upon the premises for more than 30 days or in excess of the permitted number of junked automobiles, the premises of the used automobile dealer or the licensed or franchised truck or automobile dealer shall be a "junkyard" under the terms of this chapter.
- Any natural person, firm, corporation or other legal entity, including singular and plural, male and female.
- The Township of Hempfield, Westmoreland County, Pennsylvania.
No person shall be a junk dealer or own, lease, operate or maintain a junkyard, as herein defined, within the Township without first obtaining a license to operate a junkyard as a junk dealer. The annual fee for such a license shall be as set forth in a resolution duly adopted by the Board of Supervisors of the Township of Hempfield, and shall be effective for one calendar year only, each license terminating on December 31 of the year for which it is issued, subject to renewal upon reapplication. Application for a license or any renewal thereof shall be filed, in writing, with the Secretary of the Board and shall contain the applicant's sworn statement setting for the applicant's name and address, together with the names and addresses of all other persons interested in the business, an accurate description of both the premises upon which the business is to be conducted, including the exact area thereof, and the junkyard located thereon and a statement that the applicant will comply with this chapter and any regulations adopted pursuant to this chapter. Upon receipt of the application and license fee by the Township, if the application complies with the provisions and requirements of this chapter, all other Township ordinances and any other laws and regulations, the Secretary of the Board or the Board or the Board's designees shall, within 10 days, issue a license authorizing the operation or maintenance of a junkyard upon the premises by the junk dealer. No license shall be issued for any existing junkyard which does not comply with this chapter and all other ordinances, laws and regulations, and the license fee shall be refunded to the applicant. The applicant may reapply for the junkyard or junk dealer license whenever the existing junkyard complies with this chapter and all other ordinances, laws and regulations. Such license shall at all times be conspicuously displayed upon the junkyard premises. The license shall be nontransferable as to both the junkyard premises and the junk dealer. Any license may be revoked by the Township if, after a license is issued, the junkyard or junk dealer fails to comply with this chapter or any section thereof or any other ordinances, laws and regulations. The licensing fee to be established by resolution shall be payable for the calendar year 2004 and all years thereafter, unless amended by the Board of Supervisors of the Township of Hempfield.
No person licensed under this chapter shall, by virtue of one license, keep more than one place of business or maintain or operate more than one junkyard within the Township, nor shall any person engage in business as a junk dealer or operate or maintain a junkyard in any place other than the place designated upon his license.
Every junk dealer licensed under this chapter shall maintain the licensed junkyard and conduct business as hereinafter provided: All junk shall be stored within the confines of the area as set forth in § 52-2; except, however, that all junked automobiles or any other form of junk as defined in this chapter shall be kept at least five feet from the right-of-way line of any public road bordering the premises occupied by the junkyard. Whenever such junk as defined herein is visible from the public road, a fence of at least six feet in height shall be erected, made of steel wire or wood and capable of confining or screening the junk storage within the specified area behind the five-foot setback line along the public road; except, however, that all existing fences on any licensed junkyard shall not be affected unless or until the said fence must be reconstructed, in which case such fence shall comply with the required setback line as required by this section; or a landscaped screen of trees and/or shrubs capable of attaining a height of six feet within two years shall be planted at the five-foot setback line along such public road. All required open areas between the five-foot setback line and the right-of-way line of the public road shall be maintained continuously in good order and free from weeds and shrubs.
Thirty days after the effective date of the adoption of this chapter, every unlicensed junkyard or junk dealer engaged in a junkyard or junk dealer business within the Township or every newly created junkyard or junk dealer premises shall be completely fenced with a heavy-duty chain link or wire mesh fence at least six feet in height with gates of similar material, which gates shall at all times be securely locked except during business hours when an adult attendant employed as such is on the premises. Such fence shall have minimum openings of four square inches, and the wire mesh shall be of a maximum size and strength of No. 10 gauge steel wire. All junk shall be stored within the confines of the fence, which shall be set back at least 25 feet from the nearest edge of the right-of-way of the public road bordering the premises occupied by the junkyard and at least 10 feet from all adjoining property lines bordering such junkyard. Whenever such fence is visible from the public road, a landscaped screen of trees and/or shrubs, of varieties capable of attaining a height of six feet within a two-year period, shall be planted no less than 10 feet from the right-of-way of the public road nor less than 10 feet from the fence. Whenever such fence is visible from a residence adjoining such junkyard, a similar screen of trees and/or shrubs shall be planted within the ten-foot open area between the fence and the property line. All required open areas between the fence and the right-of-way of the properties bordering such junkyards shall be maintained continuously in good order and free from weeds and shrubs.
No junkyard shall cover an area in excess of 7 1/2 acres.
No junkyard shall operate between the hours of 10:00 p.m. and 6:00 a.m. on any day except for the removal or storage of any wrecked automobile from any public highway.
All junk shall be stored and arranged so as to permit access by fire-fighting equipment and to prevent accumulation of stagnant water. Junked automobiles shall be spaced in rows with at least 15 feet between each double row to permit movement of fire equipment. Junk shall not be piled to a height of more than 15 feet from the ground or, for junked vehicles, no more than two uncompacted vehicles one upon the other or six compacted vehicles one upon the other; but in no event to exceed 15 feet in height from the ground level there existing.
Any junked vehicle shall, within 48 hours of the arrival of such vehicle on any junkyard premises, have the gas tank drained except for vehicles that are considered resaleable by the licensee. If vehicles are considered resaleable by the licensee, then in such situation, the licensee shall segregate such vehicles or identify such vehicles in such a way that the Hempfield Township Ordinance Enforcement Officers can identify such resaleable vehicles, and then and only in such event, the gas existing in said resaleable vehicles shall not require drainage for a period of time up to six months of their being on such premises. If such resaleable vehicles are kept or stored on the junkyard premises for more than six months, they shall then have the gas tanks drained.
Weeds shall be controlled as to growth in the usable space of the junkyard and all weeds shall be controlled that are in view of public roadways and residential housing.
An adult attendant shall at all times during business hours remain on the junkyard premises unless the junkyard gates are locked.
No garbage, food wastes, animal or vegetable wastes or scraps, animal carcasses or any other similar material shall be brought into the junkyard at any time, or if brought into the junkyard, kept there.
No burning or melting of any junk shall be conducted in any junkyard unless an attendant is continuously on duty during such burning or melting. Not more than one automobile shall be burned or melted at one time. No automobile or junk shall be burned on any Sunday.
Papers, rags, plastic materials and rubbish shall not be stored outside the junkyard fence and shall not be accumulated or remain on any junkyard premises for more than one month unless it is stored in a neat and orderly manner in bales, boxes or other suitable containers.
Junkyards shall at all times be maintained in such manner as to cause no public or private nuisance, nor any menace to health or safety of any persons off the premises; nor any excessive or offensive or noxious sounds or odors; nor any breeding, harboring or infesting of rats, rodents or vermin; nor a violation of any health or sanitation law, ordinance or regulation of any governmental body.
Any member of the Board or a duly authorized agent thereof may at any time enter upon and inspect any premises for which there is a pending application for a junkyard license or which is currently licensed as a junkyard.
The Board may from time to time adopt regulations to carry out the provisions of this chapter upon giving public notice as required by law to all persons affected by such regulations.
The Township Supervisors shall appoint and provide for the compensation of a Township employee to be known as the "Ordinance Enforcement Officer." It shall be the duty of the Ordinance Enforcement Officer to make periodic inspections of all junkyards licensed pursuant to the terms of this chapter and to file with the Board of Supervisors a written report of each such inspection. In making such inspections, the Ordinance Enforcement Officer shall ascertain whether the provisions of this chapter are being complied with, shall note any violations thereof in his report of inspection, shall check the licensee's records of junk received and removed with his inventory, shall examine the titles to all junked automobiles on the premises and shall check into such other matters as come within the scope of this chapter.
Any person violating any provision of this chapter shall, upon conviction thereof by the District Justice in a summary criminal proceeding, be punishable by a fine of not more than $1,000, together with cost of prosecution and reasonable attorney fees or, in default thereof, by imprisonment of not more than 30 days. Each day's violation shall constitute a separate enforceable offense.
The Board or any person may take appropriate action at law or in equity, civil or criminal, to enforce the provisions of this chapter, and this chapter shall in no way restrict any remedies otherwise provided by law.
This chapter is not to be considered as affecting any provisions inconsistent herewith of any zoning ordinance now in effect or hereinafter enacted.