This chapter shall be known and may be cited as "Elizabeth Township
Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings herein indicated:
BOARD
The Board of Supervisors of Elizabeth Township.
JUNK DEALER
Any person, as hereinafter defined, who shall engage in the business
of selling, buying, salvaging and dealing in junk or any person who shall
keep upon the premises of such person, or any other person, junk; or any person
who shall maintain and operate a junkyard within the Township of Elizabeth.
JUNKYARD
An area of land, with or without buildings, used for the storage,
outside a completely enclosed building, of used and discarded materials, including
but not limited to waste paper, rags, metal, building materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling, processing,
salvage, sale or other use or disposition of the same. The deposit or storage
on a lot of one or more unlicensed, wrecked or disabled vehicles, or the major
part thereof, shall be deemed to constitute a junkyard. (A "disabled vehicle"
is a vehicle intended to be self-propelled that shall not be operable under
its own power for any reason, or a vehicle that is required to and does not
have a valid current registration plate or has a certificate of inspection
which is more than 60 days beyond the expiration date.)
LICENSE
The permit granted to a person who accumulates, stores or disposes
of junk as hereinbefore defined.
PERSON
Includes any partnership, association, firm or corporation.
TOWNSHIP
Elizabeth Township, Lancaster,County, Pennsylvania.
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 in accordance with 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 beginning November 1 and ending October 31 of the
following year, and each license must be renewed annually on or before the
first day of November of each year.
The license provided for in this chapter 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. The applicant
shall also submit therewith a plot of the premises used or to be used in connection
with such license.
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 a 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 that 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
herein contained and adopted pursuant to this chapter as may be deemed necessary
to carry out the spirit and intent of this chapter.
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.
No license issued by the Board shall be transferable by the licensee 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 §
99-4 of this chapter, by the transferee.
In the event that the Board shall approve the transfer of a license,
the transferee shall immediately pay to the township a transfer fee as set
forth from time to time by resolution of the Board of Supervisors.
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
period of 48 hours shall have elapsed.
Every person licensed under this chapter 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 shall be drained and removed therefrom.
D. 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. 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
D above.
F. Burning of vehicles and other materials must be done
during daylight hours, other than Sundays, while attended and controlled at
all times.
G. The premises licensed shall be setback from the rights-of-way and property lines in accordance with the zoning district requirements provided in Chapter
185, Zoning. The area between the setback line and right-of-way line and all streets and roads and all other property lines shall be at all times kept clear and vacant.
H. Fencing around junkyard premises shall be as set forth in Chapter
185, Zoning.
No junkyard in existence as of the effective date of this chapter shall
be added to or extended unless done in compliance with the provisions of this
chapter.
If the Board of Supervisors or the officer designated to enforce this
chapter by the Board of Supervisors determines that a person has committed
or permitted the commission of a violation of this chapter, the Board of Supervisors
or such enforcement officer shall inform such person in writing of the violation,
shall notify such person to cease the violation of this chapter and shall
inform such person that he or she must pay a civil penalty to the township
within the range of the amounts set forth below to settle the violation. The
penalty for a first offense shall be not less than $50 and not more than $600;
the penalty for a second offense shall be not less than $100 and not more
than $600; and the penalty for a third or greater offense shall be not less
than $200 and not more than $600. If such person fails or refuses to remit
the penalty to the township within 10 days from the date of the written notice
of the violation of this chapter, the township may commence a civil enforcement
proceeding seeking penalties and costs for the violation of this chapter and/or
may commence an action in equity. The township shall seek a judgment for the
penalty previously imposed, together with additional daily penalties for continuing
violations, plus all court costs, including the reasonable attorneys'
fees incurred by the township in the enforcement proceedings. Each day that
a violation continues shall constitute a separate violation, and each section
of this chapter which is violated shall constitute a separate violation. If
the defendant neither pays nor timely appeals the judgment, the township may
enforce the judgment pursuant to the applicable rules of civil procedure.
In addition to the remedies provided in §
99-13 above, any continued violations of this chapter which 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.