[Ord. 1-65, 5/1/1965, § 1]
This Part shall be known and may be cited as "Richmond Township
Junkyard Ordinance."
[Ord. 1-65, 5/1/1965, § 2]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated:
The Board of Supervisors of Richmond 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 structure.
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 junk yard within the Township of Richmond.
Any place where any junk as hereinafter defined, is stored,
disposed of, or accumulated.
The permit granted to a person who accumulates, stores, or
disposes of junk as hereinbefore defined.
Any partnership, association, firm and corporation.
Richmond Township, Tioga County, Pennsylvania.
[Ord. 1-65, 5/1/1965, § 3; as amended by Ord. 91-4,
9/3/1991]
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, as established from time to time by resolution
of the Board of Supervisors, shall be paid to the Township for the
use of the Township. The license shall be issued for the twelve-month
period beginning May 1, and ending April 30 of the following year
and each license must be renewed annually on or before the first day
of May each year.
[Ord. 1-65, 5/1/1965, § 4]
The license provided for in this Part shall be issued by the
Board after written application shall have been made therefore 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 a 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.
[Ord. 1-65, 5/1/1965, § 5]
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
therefore 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 Township, both
economic and aesthetic. In the event the Board shall issue a license,
it may impose upon the license and the person applying therefore such
terms and conditions in addition to the regulations herein contained
and adopted pursuant to this Part as may be deemed necessary to carry
out the spirit and intent of this Part.
[Ord. 1-65, 5/1/1965, § 6; as amended by Ord. 91-4,
9/3/1991]
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 a schedule adopted from time to time by resolution
of the Board of Supervisors. The license fee shall be determined 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 20 acres, excluding set-back areas.
[Ord. 1-65, 5/1/1965, § 7]
No person licensed under this Part 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.
[Ord. 1-65, 5/1/1965, § 8]
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 § 13-104 of this Part, by the transferee.
[Ord. 1-65, 5/1/1965, § 9; as amended by Ord. 91-3,
9/3/1991]
In the event the Board shall approve the transfer of a license,
the transferee shall immediately pay to the Township a transfer fee
as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 1-65, 5/1/1965, § 10]
1.Â
Every person licensed under this Part 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.Â
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.Â
No garbage or other organic waste shall be stored in such premises.
C.Â
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 junkyard; 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.Â
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.Â
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 1D above.
F.Â
A person licensed under this Part shall not burn more than one motor
vehicle or its equivalent at any one time. No oil, grease, tires,
gasoline or other similar material that might be dangerous or tend
to produce obnoxious smoke or odors shall be burned within a junkyard
at any time. Burning of vehicles must be attended and controlled at
all times.
G.Â
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.
H.Â
When the Board shall deem it necessary and desirable, the premises
to be licensed shall, at the set back lines, be enclosed by a fence
of that type and style to be determined by the Board or by evergreen
screen plantings or both. The Board may set forth the fence and planting
requirement at the time of the issuance of a license or at the time
of renewal or transfer of a license.
[Ord. 1-65, 5/1/1965, § 11; as amended by Ord.
91-4, 9/3/1991; and by Ord. 3-97, 8/5/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1-65, 5/1/1965, § 12]
In addition to the remedies provided in § 13-211 above, any continued violations of this Part 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.
