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.
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.
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.