[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 11-11-1967 as Ord. No. X. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mount Joy 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:
- The Board of Supervisors of Mount Joy Township.
- Scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel and other old or scrap ferrous or nonferrous materials, including wrecked, scrapped, ruined, dismantled or junked motor vehicles or parts thereof.
- JUNK DEALER
- 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 junkyard within the Township of Mount Joy.
- Any outdoor establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling junk.
- The permit granted to a person who accumulates, stores or disposes of junk as hereinbefore defined.
- Includes any partnership, association, firm and corporation.
- Mount Joy 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 resolution adopted by the Board of Supervisors from time to time shall be paid to the township for the use of the township. The license shall be issued for the twelve-month period beginning July l and ending June 30 of the following year, and each license must be renewed annually on or before the first day of July 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 hereinbefore 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 the license, the character of the properties located nearby, the proximity to any public road and the danger to children or other residents of the township 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 there for 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.
The license fee shall be paid immediately upon the issuance or renewal of a license. The amount of the license fee shall be as set by resolution of the Board of Supervisors from time to time. No license shall be issued for the use of a tract of land in excess of ten (10) acres, excluding setback areas.
No person licensed under this chapter shall, by virtue of one (1) license, keep more than one (1) place of business within the township or maintain more than one (1) 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 licensor 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 § 80-4 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 by resolution of the Board of Supervisors from time to time.
Every person licensed under this chapter shall provide and shall constantly keep a book of all serial numbers or manufacturer's numbers of any motor vehicle or any other article or material received by him which contains a serial number, provided that the same can be easily ascertained and such records shall at all times be open to inspection by any police official or official of the township.
Every person licensed under this chapter, shall keep and retain upon the licensed premises, for a period of forty-eight (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 forty-eight (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.
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 residents nearby or a place for the breeding of rodents and vermin.
Whenever any motor vehicle shall be received in such premises as junk, the licensee shall take reasonable precautions to prevent hazards as a result of gasoline and oil in said motor vehicle.
No garbage or other organic waste shall be stored in such premises.
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.
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.
A person licensed under this chapter shall take precautions to prevent an excess of obnoxious smoke or odor as a result of burning motor vehicles on the premises.
The premises to be licensed shall be set back a minimum distance of fifty (50) feet from the right-of-way lines on all streets or roads and a minimum distance of twenty-five (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.
When the Board shall deem it necessary and desirable, the premises to be licensed shall at the setback lines be 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 or transfer of a license.
The Board shall have the right to revoke the license of the junk dealer in the event that he fails to comply with the terms of this chapter, and said junk dealer shall forfeit any license fee paid for the balance of the license year.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before any District Justice in Lancaster County, Pennsylvania, by a summary proceeding, be sentenced to pay a fine of not more than six hundred dollars ($600.) and the costs of prosecution, and, in default of payment of such fine and costs, imprisonment in the county jail for a period not exceeding thirty (30) days, provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense. The Township police or constables or the Supervisors may bring prosecution to enforce this chapter.
In addition to the remedies provided in § 80-l4 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.