[HISTORY: Adopted by the Board of Supervisors of the Township of
Limerick 4-16-1991 by Ord. No. 127. Amendments
noted where applicable.]
A.
FARM MACHINERY
JUNK
JUNK DEALER
JUNKYARD
MOTOR VEHICLE
PERSON
PREMISES
SOLID WASTE
TRAILER
As used in this chapter, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
All types of machinery and equipment which were originally manufactured
for farm use, which are retained on farm properties either as operable equipment
or for the purpose of salvaging repair parts.
Any discarded or salvageable article or material, including but not
limited to scrap metal, paper, rags, glass containers, scrap wood, motor vehicles,
trailer machinery and equipment, with the exceptions of farm machinery and
mobile homes or house trailers, which are occupied or are properly placed
and planned for occupancy.
Any person who buys, sells, salvages, stores or in any way deals
in junk or owns, leases, operates or maintains a junkyard within the municipality.
Any place where junk, as herein defined, is stored or accumulated.
Any premises, as herein defined, having two or more unlicensed motor vehicles
and/or unlicensed trailers thereon shall be deemed to be a "junkyard," except
that the foregoing shall not apply to duly licensed automobile dealers having
operable vehicles on their premises for resale or the individual resident
having a maximum of two inoperable vehicles being stored for restoration purposes.
All types of automobiles, trucks and tractors, including self-propelled
machinery of all kinds, with the exception of farm machinery.
Any natural person, partnership, firm, company, corporation or other
legal entity.
Any parcel of land situated in the Township of Limerick, having a
separate Tax Map parcel number for county assessment purposes.
Any waste, including but not limited to municipal, residual or hazardous
waste, including solid, liquid, semisolid or contained gaseous material.
Any wheeled vehicles not self-propelled, drawn by a motor vehicle.
B.
In this chapter, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include the
feminine and the neuter.
No person may be a junk dealer, as herein defined, within the municipality
without first obtaining a license to operate as herein described.
A.
Any person desiring to be a licensed junk dealer in the
Township of Limerick shall first make written application to the Board of
Supervisors. Such application shall be in the form established by the Board
of Supervisors and shall set forth the applicant's name and address,
include an accurate description of the premises on which the junkyard is to
be located, including the Montgomery County Tax Map parcel number(s), and
a statement that the applicant will comply with this chapter and any regulations
adopted pursuant to this chapter, and such other information as the Board
of Supervisors may require.
B.
An application for license under this chapter shall be
examined by the Board of Supervisors or duly authorized agent thereof, and
a license shall be issued or refused within 60 days of submission to the Board
of Supervisors. Examination of the application shall include consideration
of the suitability of the property proposed to be used for the purpose of
license, the character of nearby properties and the effect of the proposed
use upon the Township of Limerick. When the application is found in compliance
with the provisions herein given, the Board of Supervisors or its agent shall
issue a license to the junk dealer applicant for operation of the junkyard
as described in the application.
C.
The license fee shall consist of two parts: the application
fee shall be $50, and is not returnable in case of refusal of license; the
annual license fee shall be $200 per year. All fees are due, payable to and
for the use of the Township of Limerick at time of application. The Board
of Supervisors or its agent may waive the application fee when issuing renewed
licenses. The period of any license issued under this chapter shall be one
calendar year or portion thereof and shall terminate on December 31 of the
year in which issued.
D.
Licenses issued under this chapter are required to be
renewed on or before January 1 of the year in which it is desired to continue
operations. Such application for renewal must be in writing, in such form
as may be required by the Board of Supervisors and accompanied by the license
fee. Renewal applications are subject to complete reexamination and consideration
by the Board of Supervisors or its agents for continued compliance with the
terms of this chapter.
E.
No person licensed under this chapter shall, by virtue
of one license, operate more than one business or junkyard within the municipality.
No person shall engage in business or operate a junkyard at any place other
than the place designated by his license. Licenses are nontransferable, both
as to junk dealer and junkyard premises. The permitted size of the junkyard
shall be fixed at the time of license issuance, with due regard for the existing
and proposed uses of the surrounding area and properties, and shall not be
in excess of 25 acres, excluding setback areas.
The license under which the junkyard is operated shall, at all times,
be conspicuously posted on the licensed premises, and the operating requirements
as herein provided shall be complied with.
A.
Permanent records of all junk received in or removed
from any junkyard shall be kept by the junk dealer on the premises, containing
the name and address from whom received or to whom delivered, the date thereof
and a description of the junk. Such records shall be open to inspection at
all reasonable times to the Township Code Enforcement Officer and to any law
enforcement officer.
All junk in junkyards licensed under this chapter shall be stored as
herein provided:
A.
All junk shall be set back at least 40 feet from any
adjoining premises and at least 60 feet from the nearest right-of-way of any
public street, road or highway.
B.
All junk shall be stored and arranged so as to permit
access by fire-fighting equipment. Junked motor vehicles shall be spaced in
rows with at least 20 feet between double rows; other junk shall be stored
in piles or tiers which shall be separated by aisles or cleared areas of no
less than 10 feet.
C.
Junk shall be arranged so as to prevent the accumulation
of stagnant water and shall be stacked to a height of not more than 15 feet
from the ground.
D.
Paper, rags, plastics and similar materials for salvage
shall be stored indoors.
Paper, rags, plastic and similar materials for salvage shall not be
accumulated or remain on the junkyard premises for more than 30 days. Materials
separated as solid waste shall not be accumulated for more than 30 days.
Not more than one motor vehicle or its equivalent may be burned at any
one time. Gasoline, grease, oil, tires or similar materials which could be
dangerous or tend to produce obnoxious smoke or odors shall not be burned
at any time. Any and all burning or melting on junkyard premises shall be
properly attended and controlled at all times.
Garbage, organic waste or plain solid waste shall not be received or
stored in any junkyard. Materials designated as solid waste may be received
only as mixed with salvageable materials, and shall be promptly disposed of
as herein provided.
Every junk dealer licensed under this chapter shall enclose and maintain
his junkyard as herein provided:
A.
Every junkyard premises shall be completely enclosed by a fence. Such fence shall be set back in accordance with the provisions of § 106-4A of this chapter, shall be six to eight feet in height and shall be of wood or wire with maximum linear openings of three inches. Entrance gates shall be of similar material, well constructed and shall be kept securely locked, except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
B.
Junkyard premises which have open-wire fence enclosures
visible from an abutting public thoroughfare or from an abutting residential
property within 500 feet of the fence shall have a landscaped screen of trees
and/or shrubs, of varieties capable of attaining a continuous height of six
feet within two years, planted along such fence or section of fence. All required
open areas between fence and lot lines of the premises shall be maintained
continuously in good order, free of weeds and scrub growth.
C.
The area inside the fence and lot lines of any junkyard
premises shall have weeds mowed regularly and not permitted to go to seed.
D.
All junkyard premises shall be maintained in such manner
so as not to cause a public or private nuisance; nor shall they cause any
menace to the health or safety of persons off the premises; nor shall they
cause any excessive or offensive or noxious odors or sounds; nor shall they
cause the breeding, harboring or infesting of rats, rodents or vermin; nor
shall they be in violation of any health or sanitation law or ordinance or
regulation of any governmental body.
Every junk dealer and junkyard licensed under this chapter is subject
to inspection and regulation as herein provided:
A.
The Township Code Enforcement Officer may, at any reasonable
time, enter upon the premises currently licensed or for which a license application
is pending.
B.
The Board of Supervisors may, from time to time, pursuant
to resolution, adopt regulations to carry out the provisions of this chapter,
upon giving notice to licensees affected by such regulations.
Junk dealers and junkyards operating and existing in the Township of
Limerick on the effective date of this chapter shall be required to comply
with the provisions of and obtain a license under this chapter within three
months from the effective date. However, an extension of the time allotted
in complying with the terms of this chapter may be granted at the direction
of the Board of Supervisors. Such extension shall be for good reason.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000, and/or to imprisonment for a term not to exceed 90 days.
Each day that a violation of this chapter continues shall constitute a separate
offense.
The Board of Supervisors may take any appropriate action, at law or
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.
All ordinances or parts of ordinances which are inconsistent herewith
are hereby repealed.
If any sentence, clause, section or part of this chapter is, for any
reason, found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this chapter. It is hereby declared
as the intent of the Board of Supervisors that this chapter would have been
adopted had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
This chapter shall become effective immediately upon enactment.
