Unless otherwise expressly provided, the following words shall, for
the purpose of this chapter, have the following meanings:
AUTOMOBILE
Any and all types of motor vehicles, including self-propelled machinery
of all kinds, with the exception of usable farm machinery.
JUNK
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.
JUNKYARD
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.
PERSON
Any natural person, firm, corporation or other legal entity, including
singular and plural, male and female.
TOWNSHIP
The Township of Hempfield, Westmoreland County, Pennsylvania.
[Amended 3-12-1990 by Ord. No. 90-3; 10-27-2003
by Ord. No. 2003-18]
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.
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.
[Amended 12-29-1975 by Ord. No. 75-39; 6-12-1989
by Ord. No. 89-13; 4-8-1996 by Ord.
No. 96-4; 6-9-1997 by Ord. No. 97-9]
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.