[HISTORY: Adopted by the Board of Commissioners of the Township of Patterson 5-6-1969 as Ord. No. 200. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 161.
Zoning — See Ch. 190.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Board of Commissioners of Patterson Township, Beaver County, Pennsylvania.
JUNK
Any discarded material or article, and shall include but not be limited to scrap metal, scrapped, abandoned or junked motor vehicles, motor vehicle parts, machinery, machinery parts, equipment, paper, glass, containers and abandoned, dilapidated or partially dismantled structures. It shall also include a partially dismantled motor vehicle not bearing current registration license plates and which is not in the process of immediate repair. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNK DEALER
Any person who buys, sells, salvages, stores or in any way deals in junk or owns, leases, operates or maintains a junkyard within the township.
JUNKYARD
Any place where any junk, as herein defined, is stored, allowed to remain, disposed of or accumulated.
PERSON
Any natural person, partnership, firm or corporation.
TOWNSHIP
The Township of Patterson, Beaver County, Pennsylvania.
B. 
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
No person shall engage in business as a junk dealer or own, lease, operate or maintain a junkyard as herein defined within the township without first obtaining a license to operate a junkyard as a junk dealer.
B. 
The annual fee for such a license shall be as set by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
The license shall be effective for one (1) calendar year only, each license terminating on December 31 of the year for which it is issued, subject to renewal upon reapplication and payment of the annual fee.
D. 
Application for a license or any renewal thereof shall be filed in writing with the Secretary of the Board and shall contain:
(1) 
The applicant's sworn statement setting forth:
(a) 
The applicant's name and address, together with the names and addresses of all other persons interested in the business.
(b) 
An accurate description of the premises upon which the business is to be conducted and the junkyard located, including the Beaver County Tax Map Parcel Number.
(2) 
A statement that the applicant will comply with this chapter and any regulations adopted pursuant to this chapter.
E. 
Upon receipt by the township of the application and license fee as set by resolution of the Board of Commissioners, the Board shall issue a license or shall refuse a license to the person applying therefor after an examination of the application and taking into consideration: [2]
(1) 
The suitability of the property proposed to be used for the purpose of a license.
(2) 
The character of the properties located nearby.
(3) 
The compliance of the applicant with the terms and conditions of this chapter.
(4) 
The effect of the proposed use upon the township, both economic and aesthetic.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
F. 
Such license shall at all times be conspicuously displayed upon the junkyard premises.
G. 
The license shall not be transferable both as to the junkyard premises and the junk dealer, except as provided in § 108-4 hereof.
No person licensed under this chapter shall, by virtue of one (1) license, keep more than one (1) place of business within the township for the purpose of buying, selling or dealing in junk, nor shall any such person engage in any business as a junk dealer in any place other than in the place designated in his license, nor shall any such person, or any other person, operate upon any of the streets of the township, whether from a vehicle or upon foot, as a scavenger of an itinerant buyer or seller of junk.
No license issued under this chapter shall be transferable from one person to another person, except when the ownership of a licensed premises shall change. In such case, the new owner shall apply for a transfer of such license to him and shall pay a transfer fee as set by resolution of the Board of Commissioners.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Every junk dealer shall provide and shall constantly keep a book in which shall be clearly and legibly 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 or receipt and the person from whom such article or material was purchased or received. Such book and all junk purchased, received or handled by any junk dealer shall at all times be subject to inspection of any police officer or constable of the township or any other official of the township.
Every junk dealer licensed under this chapter shall keep and maintain 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 junk dealer licensed under this chapter shall constantly maintain the licensed premises in the manner prescribed by this section, as follows:
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 the residents nearby or a place for the breeding of rodents or vermin.
B. 
No garbage or other organic waste, and no paper, rubbish, rags or other flammable articles or materials shall be stored in such premises.
C. 
Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall immediately be drained and removed therefrom, and no more than ten (10) gallons of gasoline shall be stored above ground in said junkyard, and the same shall be placed in suitable containers. No other gasoline or oil shall be permitted to remain on the premises.
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. 
Such premises shall not be open for business nor shall any work be done therein in connection with the storage, processing, transporting or removal of junk at any time on the first day of the week, commonly called "Sunday," or on any other day of the week before 7:00 a.m. and after 6:00 p.m.
F. 
No melting or burning of any junk shall be permitted in any junkyard or in the township.
G. 
The premises to be licensed shall be set back a minimum distance of twenty-five (25) feet from the right-of-way lines on all streets or roads and a minimum 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 other property lines shall at all times be kept clear and vacant.
H. 
All junk shall be stored behind a fence as herein specified, which fence shall be set back at least twenty-five (25) feet from all lot lines of the premises occupied by the junkyard. Whenever such fence or any part of such fence is visible from a public road or from a residence of any adjoining property, a landscaped screen of trees and/or shrubs, of varieties capable of attaining a continuous height of six (6) feet within two (2) years, shall be planted along said fence or section of fence. All required open areas between fence and lot lines shall be maintained continuously in good order and free of weeds and shrub growth.
I. 
Every junkyard shall be completely fenced with a heavy-duty chain link fence at least six (6) feet in height with gates of similar fencing material, which gates shall at all times be securely locked except during business hours.
Any member of the Board or a duly authorized agent thereof may at any time enter upon and inspect any premises for which there is a pending application for a junkyard license or which holds a current yard license.
The Board may from time to time adopt regulations to carry out the provisions of this chapter upon giving ten (10) days' written notice to the licensees affected by such regulation.
Junk dealers and junkyards operating and existing in this township on the effective date of this chapter shall have sixty (60) days from the effective date of this chapter in which to place their junkyard premises in such condition as will comply with the requirements of this chapter. However, all junk dealers and junkyards operating and existing on the effective date of this chapter are required to immediately make application for a license, accompanying said license application with a license fee in the sum as set by resolution of the Board of Commissioners and in all other respects comply with the terms and provisions relating to the applying for and securing of licenses herein contained.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.) and the costs of prosecution and, upon failure to pay said fine and costs, shall be imprisoned in the county jail for a period not exceeding thirty (30) days. It is further hereby provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.