[Ord. 1967-1, 9/11/1967, § 1]
This Part shall be known and may be cited as
"Township Junkyard and Refuse Ordinance."
[Ord. 1967-1, 9/11/1967, § 2]
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this Part to have
the meanings herein indicated:
Any vehicle not bearing a valid registration license or a
valid inspection certificate, excluding, however, officially registered
"antique motor vehicles."
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, or parts thereof, 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, dealing in junk and who maintains
and operates a junkyard with the Township of East Nottingham.
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.
Includes any partnership, association, firm and corporation.
[Ord. 1967-1, 9/11/1967, § 3]
No person shall engage in business as a junk
dealer, or maintain a junkyard without first having obtained a license
from the Board of Supervisors of East Nottingham Township for which
license a fee in accordance 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 January 1, and ending December
31 of the following year, and each license must be renewed annually
on or before the first day of January of each year.
[Ord. 1967-1, 9/11/1967, § 4]
The license provided for in this Part 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.
[Ord. 1967-1, 9/11/1967, § 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 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 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 therein contained and
adapted pursuant to this Part as may be deemed necessary to carry
out the spirit and intent of this Part.
[Ord. 1967-1, 9/11/1967, § 6; as amended
by Ord. 2009-21, 11/16/2009]
The license fee shall be paid immediately upon
the issuance or renewal of a license and shall be in an amount as
established from time to time by resolution of the Board of Supervisors.
[Ord. 1967-1, 9/11/1967, § 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. 1967-1, 9/11/1967, § 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. 1967-1, 9/11/1967, § 9; as amended
by Ord. 2009-21, 11/16/2009]
In the event the Board shall approve the transfer
of a license the transferee shall immediately pay to the Township
a transfer fee in an amount as established from time to time by resolution
of the Board of Supervisors.
[Ord. 1967-1, 9/11/1967, § 10]
Every person, licensed under this Part, 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 and the person
from whom such article or material was purchased, received or handled
by such person. Such book shall be at all times subject to the inspection
of any official of the Township.
[Ord. 1967-1, 9/11/1967, § 11]
Every person, licensed under this Part, 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.
[Ord. 1967-1, 9/11/1967, § 12; as amended
by Ord. 2009-21, 11/16/2009]
1.
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.
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 arrangements 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 paragraph .D above.
F.
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 junk yard at any time. Burning of vehicles must be attended and
controlled at all times.
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 or 75 feet from the center line on all streets or roads, whichever distance is greatest, and a minimum distance of 25 feet from all other property lines. The area between the set back 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 as provided in the bulk and area requirements of the Zoning Ordinance [Chapter 27].
H.
When the Board shall deem it necessary and desirable,
the premises to be licensed shall be at the set back lines 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 planting
requirement at the time of the issuance of a license or at the time
of renewal of a license or transfer of a license.
[Ord. 1967-1, 9/11/1967, § 13]
Any person, either as owner or tenant of real
estate, excepting, however, those persons properly licensed hereunder,
who permits any abandoned motor vehicle to be located on the premises
shall be considered in violation of this Part and shall be subject
to the penalties as herein provided for violations of this Part.
[Ord. 1967-1, 9/11/1967, § 14; as amended
by Ord. 2009-21, 11/16/2009]
Any person, firm or corporation who shall violate
any provision of this Part, upon conviction thereof in an action brought
before a magisterial district judge 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. 1967-1, 9/11/1967, § 15]
In addition to the remedies provided in § 13-113, above, any continued violations of this Part 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.
