[HISTORY: Adopted by the Board of Supervisors of the Township of
Straban: Art. I, 2-5-1986 as Ord. No. 33.
Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 108.
[Adopted 2-5-1986 as Ord. No. 33]
This Article shall be known and may be cited as the "Straban Township
Junkyard Ordinance of 1986."
A.
In this Article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
B.
JUNK
JUNK DEALER
JUNKYARD
PERSON
As used in this Article, the following terms shall have
the meanings indicated:
Discarded or salvageable materials, articles or things possessing
value in part, gross or aggregate, and including, but not limited to scrapped
motor vehicles, equipment and parts thereof, including motors, bodies of motor
vehicles, tractors, vehicles, scrap metal, rags, paper, containers, scrap
wood, trailers and equipment which are inoperable and/or do not have a current
and valid inspection sticker as required by the motor vehicle laws of the
Commonwealth of Pennsylvania, but not including garbage or other organic waste,
stacked firewood for use or sale or farm machinery, provided that said farm
machinery is used in connection with a bona fide farming operation; provided,
however, that any existing or future garage, service station or repair station
in the township may, so long as the same is being operated principally for
the repair, maintenance and service thereon of motor vehicles, maintain thereon
for a period of 60 days only motor vehicles which do not have current and
valid inspection stickers, and during which time said motor vehicles may be
inoperable, but in the event that 60 days elapse and said vehicles have not
been repaired and a current and valid inspection sticker has not been obtained,
the same shall be hereby considered "junk" and be subject to the provisions
of this Article.
Any person who shall engage in the business of selling, buying or
dealing in junk in Straban Township and/or any person who shall store or keep
upon his or another's premises two or more motor vehicles which are unlicensed
and inoperable and do not have a current and valid inspection sticker as required
by the motor vehicle laws of the Commonwealth of Pennsylvania.
Any place or establishment in Straban Township where junk is stored
or accumulated on the outside of any building, edifice or structure that is
enclosed on all sides; or, where the business of selling, buying, or dealing
in junk is carried on; or where two or more motor vehicles are stored which
are unlicensed, inoperable and do not have a current and valid inspection
sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania.
Any natural person, association, partnership, firm or corporation.
On and after the effective date of this Article, no person shall engage
or continue to engage in business as a junk dealer or establish or operate
a junkyard in the Township of Straban, except as authorized by this Article
and without first having obtained a license therefor from the Board of Supervisors
of the Township of Straban.
A.
Application for such license shall be made in writing
and in the form prescribed by the Board of Supervisors of the Township of
Straban and shall contain:
(1)
The name of the applicant.
(2)
His address.
(3)
His length of residence at such address.
(4)
Any previous violation of this or any similar ordinance
or law.
(5)
The address of the premises upon which such business
is to be conducted or upon which such junkyard is to be established or operated.
(6)
The name of the owner or owners of said property if other
than the applicant.
B.
Upon any subsequent applications, a statement that the
applicant, during the preceding term of his license, did comply with and did
maintain his premises in full compliance with the provisions of this Article
must be included.
C.
Each application shall describe the premises upon which
the junkyard is to be established or operated, specifying therein setback
lines, structures erected thereon, dwellings erected upon premises adjacent
to the premises proposed to be used and a reference to the place where the
deed is recorded.
D.
If the applicant is a partnership or association, the
application shall furnish the above information for every member thereof.
If the applicant is a business corporation, the application shall furnish
the above information for each officer and director thereof. The application
shall be signed by the applicant, if an individual, by all members if the
applicant is partnership or association and by the president and secretary
if the applicant is a business corporation.
E.
A separate application shall be required for each junkyard
conducted by a junk dealer.
Every junk dealer shall pay an annual license fee for every license
or renewal thereof, which fee shall be established from time to time by resolution
of the Board of Supervisors of Straban Township, but which shall not be more
than that prescribed by statute.[1] All licenses shall be issued for a term of one year. No abatement
of the annual license fee shall be made for any cause whatsoever. All licenses
must be renewed annually. Applications for renewal must be in writing in such
form as may be required and accompanied by the license fee. Renewal applications
are subject to complete reexamination and consideration by the Board of Supervisors
of the Township of Straban, or its agents, for continued compliance with the
terms of this Article. Licenses shall be issued upon the condition that the
same may be summarily revoked in the event that the said licensee is found
to have given any false information or in any way misrepresented any material
fact upon which the issuing authority has relied in granting such license.
No refunds will be given in such case.
[1]
Editor's Note: The current fee resolution is on file in the office
of the Township Secretary and available for inspection during regular business
hours.
The Board of Supervisors of the Township, upon receipt of an application
for license under this Article, shall determine within 120 days from receipt
of said application whether or not a license shall be issued or a renewal
thereof shall be granted after an examination of the application and upon
the fullest consideration of the suitability of the premises proposed to be
used for the purposes of the license, the character of the property adjacent
thereto and the effect of the proposed use, taking into consideration the
health, welfare and safety of the residents of the township and any potential
hazard which may result to adjacent properties and structures thereon or to
the citizens of Straban Township. Upon approval of the application for license,
the Board of Supervisors of the township shall issue to the applicant a license,
upon which said license shall be designated the name of the junk dealer and
the address of the premises approved for use as a junkyard. Such license shall
be at all times conspicuously posted upon the premises licensed thereunder.
No such license issued by the Board shall be transferable or assignable by
agreement, will, intestacy or otherwise.[1]
[1]
Editor's Note: Former Section 7, Violators not to be licensed,
which immediately followed this section, was repealed 10-12-1987 by Ord. No.
36.
Any applicant whose initial or renewal application for license shall
be denied for cause as hereinbefore specified, and every person who shall
engage or continue to engage in business as a junk dealer in violation of
any of the terms and provisions of this Article or who shall keep or store
upon his or other premises two or more motor vehicles which are unlicensed,
inoperable and have no valid current inspection sticker, without first having
obtained a license therefor, shall, within 60 days after registered notice
of such event, remove and clear from the premises or junkyard all junk therein
as defined in this Article. If, within such period of 60 days, such denied
applicant or violator fails to fully comply with the provisions of this section
and the township is required to do any work or expend any labor in the place
or stead of such person, the cost therefor, plus 20% thereof shall be paid
by such denied applicant or violator, and the township may collect such actual
cost plus 20% from the applicant and/or the landowner.
Every junk dealer licensed pursuant to this Article shall constantly
maintain the licensed junkyard premises in the manner prescribed by this section,
and by this section as it may be further interpreted and referred by regulations
adopted by the Board of Supervisors.
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
to residents nearby or a place for the breeding of rodents and vermin.
C.
Whenever any motor vehicle shall be received as junk
in the licensed junkyard premises, all gasoline and diesel fuel shall be drained
and removed therefrom.
D.
Junk shall be stored and arranged in a neat and orderly
fashion, 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 and inspection purposes. There shall be at least 16 feet
open space between each row of junk. Junked motor vehicles may be stored end-to-end
(a double row) for purposes of application of this spacing requirement.
E.
A junk dealer licensed under this Article shall not burn
any motor vehicles. No oil, grease, tires, gasoline or other similar material
that might be dangerous or tend to produce noxious smoke or odors shall be
burned within a junkyard at any time.[2]
F.
The junkyard premises to be licensed shall be set back
a minimum distance of 25 feet from the right-of-way lines of all abutting
streets, roads or highways, a minimum distance of 100 feet from any existing
dwelling house erected upon premises adjacent to the licensed premises but
in any event not less than a minimum distance of 25 feet from property lines
of all adjacent properties, and a minimum distance of 30 feet from any river,
stream, run, creek, floodplain or other natural watercourse in the township.
The area between the setback line and such right-of-way lines, other property
lines and natural watercourses shall be at all times kept clear and vacant,
free of weeds, debris and junk, including any motor vehicle incapable of meeting
state inspection requirements.
G.
No gasoline, oil or any other hazardous liquid or substance
shall be stored less than a minimum distance of 100 feet from any river, stream,
run, creek or other natural watercourse in the township.
H.
In no event shall any junk be kept, stored or accumulated
on a junkyard premises, nor shall any structure be erected to be used in connection
with a junkyard, within 500 feet of any existing church, cemetery, school,
playground, restaurant, motel or other place of public use or accommodation,
provided that nothing contained in this subsection shall apply to existing
structures used in connection with junkyards presently established and operating
which are otherwise in compliance with the provisions of this Article or to
any junk presently kept, stored or accumulated thereon.
I.
Screening shall be provided for any junkyard which is within 500 feet of the nearest edge of the right-of-way of an abutting public road, street or highway. Such screening shall be constructed, erected and/or maintained at a height of not less than six feet; shall be controlled by the setback provisions of Subsection F hereof; and shall be completed within 12 months after the effective date of this Article, provided that if, in the sole and exclusive opinion of a majority of the Board, it should appear that the owner and/or operator of a junkyard situated within the township has clearly demonstrated that he is making a continuing bona fide effort to comply with the screening provisions of this subsection, then and in such event the Board may, in its sole discretion, grant an extension of time to such owner or operator for the completion of such screening, upon receipt of a written letter from said owner or operator requesting such an extension of time.
J.
No two or more vehicles or major parts thereof may be
stacked on top of one another.
K.
A person licensed under this Article shall provide designated
off-street parking and loading facilities from a single entrance off any adjacent
street, road or highway, which facilities shall have, at a minimum, a stone
and gravel base and which shall be of a size sufficient to accommodate one
parking space for the junk dealer operating the junkyard and an additional
space for each employee of such junk dealer, plus a sufficient number of additional
spaces based upon the estimated number of patrons or customers to be served,
but in any event not less than:
The Township Supervisors and/or their appointed agent may, from time
to time, regularly inspect the premises of every licensee hereunder for the
purpose of determining whether said licensee has established and maintained
his premises in full compliance with the provisions of this Article and such
regulations which may hereafter be adopted by the township regulating and
licensing junk dealers and the establishment. Every junkyard in the Township
of Straban shall at all times be subject to inspection during reasonable hours
of the day by the Supervisors and/or their appointed agent.
Any person who shall violate any of the provisions of this Article shall,
upon conviction thereof, be sentenced to pay a fine of not more than $1,000
and costs of prosecution and, in default of payment thereof, to imprisonment
for not less than 30 days, provided that each day's violation of any
of the provisions of this Article shall constitute a separate offense.
[Amended 10-12-1987 by Ord. No. 36]
A.
The Township of Straban may take any appropriate action
at law or equity, civil or criminal, to enforce the provisions of this Article,
and this Article shall in no way restrict any remedies otherwise provided
by law.
B.
Any violation of Subsections A, C, D, E, F, G, H, and/or I of § 86-9 hereof, or any failure to remove junk after notice pursuant to § 86-8 hereof, is declared to be a nuisance and subject to public and/or private abatement in accordance with law.[1]
[1]
Editor's Note: Former Article II, License Fees, adopted 2-5-1986 as Res. No. 1986-10, which immediately followed this section, was deleted at time of adoption of Code; see Chapter 1, General Provisions, Art. I. The current fee schedule is on file in the office of the Township Secretary and is available for inspection during regular business hours.
