[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick 9-27-1984 by Ord. No. 84-1 as
Part 6:300 of the 1984 Warwick Township Code. Amendments noted where applicable.]
The following words shall have the following meanings when used in this
chapter, unless the context clearly requires otherwise:
Any discarded material or article and shall include but not be limited
to scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment,
glass, paper, containers and structures. It shall not include, however, refuse
or garbage kept in a proper container for the purpose of prompt disposal.
Any person who shall engage in the business of selling, buying, salvaging,
storing and dealing in junk and any person who maintains and operates a junkyard
within the Township.
Any place where any junk is stored, disposed of or accumulated.
The permit granted by the Township to a person who accumulates, stores
or disposes of junk.
No person shall engage in business as a junk dealer or maintain a junkyard
without first having obtained a license issued by the Township, for which
a license fee in accordance with the Warwick Township Fee Schedule [1] shall be paid to the Township. The license shall be issued for
the twelve-month period beginning January 1 and ending December 31 of the
same year, and each license must be renewed annually on or before the first
day of January 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 said 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
hereinabove 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 plan of the premises used or to be used
in connection with such license.
Upon receipt by the Board of an application, 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 after taking into consideration
the suitability of the property proposed to be used for the purpose of the
license, the character and zoning classification of the properties located
nearby 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 therefor 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.
No person licensed under this chapter shall, by virtue of one license,
keep more than one place of business within the Township or maintain more
than one 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 licensee to any other person unless such 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 § 103-3 of this chapter, by the intended 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
forth in the Warwick Township Fee Schedule.[1]
[1]
Editor's Note: The fee schedule is on file and available for inspection
in the Township Office.
Every person licensed under this chapter shall provide and shall consistently
keep a book in which shall be fairly 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
and the person from whom such article or material was purchased, received
or handled by such person, which book shall at all times be subject to the
inspection of any official of the Township.
Every person licensed under this chapter shall keep and retain upon
the licensed premises, for a period of 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 content until such period
of 48 hours has elapsed.
Every person licensed under this chapter shall consistently 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.
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 residents nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored in
such premises.
C.
Whenever any motor vehicle shall be received in or on
such premises as junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above ground
in said junkyard, provided that the same be placed in containers approved
by the Board. All other gasoline which is kept in or on the premises shall
be stored underground, which underground storage must be approved by the Board.
D.
The manner of storage and accumulation 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.
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.
F.
A person licensed under this chapter shall not burn any
motor vehicle or part thereof at any time. No oil, grease, tires, gasoline
or other similar material that might be dangerous or tend to produce obnoxious
smoke or odors shall be burned within a junkyard at any time.
G.
When the Board shall deem it necessary, the premises
to be licensed shall be enclosed by a fence of the type and style to be determined
by the Board as necessary under the circumstances to satisfy public safety
considerations.
[Amended 8-22-1988 by Ord.
No. 88-6[1]]
Any person who shall violate any of the provisions of this chapter shall,
upon summary conviction before a District Justice, be sentenced to pay a fine
of not less than $300 and not more than $600, plus the costs of prosecution.
In default of the payment of said fine, said person shall be sentenced to
undergo imprisonment in the Bucks County Prison for a period of up to 30 days.
Each day's violation of any of the provisions of this chapter shall constitute
a separate offense.
