Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence 12-10-1962 by Ord. No. 42. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 90.
Peddling and soliciting — See Ch. 108.
Abandoned vehicles — See Ch. 135.

§ 98-1 Definitions and usage.

A. 
Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein set forth:
BOARD
The Board of Supervisors of Lower Providence Township.
JUNK
Any discarded material or article, and includes but is not limited to scrap metal, scrap, abandoned or junked motor vehicles, machinery, equipment and building material. It shall not include any garbage, organic waste, paper, rubbish, rags or other flammable articles or material, except lumber.
JUNK DEALER
Any person who shall engage in the business of selling, buying, salvaging and dealing in junk and who maintains and operates a junkyard within Lower Providence Township.
JUNKYARD
Any place where any junk as hereinabove defined is stored, disposed of or accumulated.
PERSON
Any natural person, partnership, association, firm or corporation.
B. 
Word usage. As used herein, the masculine singular shall include the plural as well as the feminine and neuter, singular and plural.

§ 98-2 License required; fee.

[Amended 6-16-2005 by Ord. No. 526]
No person shall engage in business as a junk dealer in the Township of Lower Providence without first having obtained a license from the Supervisors, for which license a fee as established by Township resolution shall be paid for each calendar year.

§ 98-3 Application for license.

The license provided for in this chapter shall be issued by the Board upon written application setting forth the owner or owners in full of the premises used for the junkyard, the name of the junk dealer, the address of the junkyard and the size of the tract or lot upon which the junkyard is located. The license shall state the name of the person to whom the license is issued and the premises on which the business is to be conducted or the junkyard maintained. The license shall be posted conspicuously upon the licensed premises. With the application, applicant shall submit a plot plan of the premises, drawn to scale, with the placement of all buildings, watercourses and area or areas to be devoted to the storage of junk.

§ 98-4 Limitation of license.

No person licensed under this chapter 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.

§ 98-5 Transfer of license.

[Amended 6-16-2005 by Ord. No. 526]
In the event that the Board shall approve the transfer of license, the transferee shall pay to the Township Treasurer a fee as established by Township resolution.

§ 98-6 Records of purchases.

Every person licensed under this chapter shall provide and maintain a book in which shall be recorded in the English language at the time of purchase of any junk a description of the articles or materials purchased or received by him, the date and hour of purchase or receipt and the person from whom such articles or material were purchased, received or handled by such person. This record shall be subject to inspection by the Board of Supervisors or any township official designated by the Board.

§ 98-7 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 form, shape or condition until such 48 hours shall have elapsed, with the exception of automobiles scrapped with proper certificate of title.

§ 98-8 Regulations.

Every person licensed under this chapter shall constantly maintain the licensed premises in the manner prescribed by this chapter as follows:
A. 
Such premises shall at all times be maintained in a manner not to create a nuisance or menace to the health of the community or the residents nearby nor to create a place for the breeding of rodents and vermin.
B. 
No garbage or other organic waste and no paper, rubbish, rags or other flammable articles or materials, except lumber, shall be stored in such premises.
C. 
Weeds and vegetation shall be maintained at a maximum height of six inches in the area actually used for the storage of junk and a height not in excess of 12 inches above ground surface in the area within the junkyard property not actually devoted to the storage of junk.
D. 
The manner of storage and arrangement of junk and the drainage facilities to 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. 
Not more than one vehicle or its equivalent shall be burned in any junkyard at one time. No oil, grease, tars, gasoline or other similar material that might be dangerous if set on fire 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.
F. 
Junkyards shall not be open for business nor shall any work be done therein in connection with the storage, processing and transporting or removal of junk at any time on Sunday or on any other day of the week before 7:00 a.m. or after 8:00 p.m., prevailing time, with the exception that emergency calls due to highway accidents may be served at any time.
G. 
Where a junkyard adjoins or lies across a public road from property actually used for residential purposes, whether or not the latter is owned by the junkyard owner or another person, the Supervisors may require the owner of the junkyard, as a condition of the issuance or reissuance of the license, to erect a tight wall or fence not in excess of eight feet in height along the side of the junkyard adjoining the property devoted to residential use and/or along the public road, as the case may be. The Supervisors shall allow a reasonable time for the erection of such wall or fence, during which time the use of the junkyard may continue.

§ 98-9 Violations and penalties.

[Amended 3-14-1983 by Ord. No. 295]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be subject to a fine of not more than $300 and the costs of prosecution; provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.

§ 98-10 Abatement of nuisances.

In addition to the remedies provided in the preceding section, any continued violations of this chapter which shall constitute, in the opinion of the Board, a nuisance in fact, may be abated by an appropriate proceeding against the violator in equity.

§ 98-11 Interpretation; conflicting provisions.

Nothing herein contained shall be construed to enlarge the uses permitted within the several districts by Chapter 143, Zoning. In the case of other ordinances of the township relating to junkyards or the accumulation of rubbish and garbage, the same are, with the exception of Chapter 143, Zoning, as amended, repealed to the extent necessary to give effect to this chapter, and where there is a conflict between earlier ordinances and this chapter, the latter shall be controlling.