[HISTORY: Adopted by the Board of Supervisors of the Township of Warwick 12-15-1964 by Ord. No. 5. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 270.
Zoning — See Ch. 340.
Fee schedule — See Ch. A350.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
BOARD
The Board of Supervisors of Warwick Township.
JUNK
Any discarded material or article including, but not limited to, metal, paper, glass, wood, plastic, cloth, stone, rubber, building materials, motor vehicles, machinery, equipment, containers and structures.
JUNK DEALER
Any person who engages in the business of buying, selling, salvaging and dealing in junk or any person who maintains and operates a junkyard within Warwick Township.
JUNKYARD
Any place where any junk, as herein defined, is accumulated, sorted, stored, salvaged, disposed of or wrecked.
PERSON
A natural person, a partnership, association, firm or corporation.
TOWNSHIP
Warwick Township, Lancaster County, Pennsylvania.
No person shall engage in business as a junk dealer, or maintain a junkyard in the Township without first having obtained a license therefor from the Board. The license shall be issued for a twelve-month period beginning January 1 and ending December 31 of each year, and shall be renewed annually before January 1.
The license shall be issued by the Board upon written application by the person desiring to be licensed. The applicant shall submit with his application a plat plan of the premises used or to be used with such license.
A. 
Upon receipt of an application, the Board shall either issue or 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 purposes of the license, the character of the properties located nearby, and the effect of the proposed use upon the health, welfare and safety of the residents of the Township.
B. 
The license issued shall state the name of the person to whom issued and the premises on which the business is to be conducted. The license shall be posted conspicuously upon the premises licensed thereunder.
[Amended 11-19-1997 by Ord. No. 178]
The license fee shall be paid prior to the issuance of the license or any renewal thereof. The amount of the initial license fee and the yearly renewal thereof shall be in an amount as established from time to time by resolution of the Township Board of Supervisors.
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 therein. 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 a transfer is authorized by the Board. Any person desiring to so transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 190-3 of this chapter, by the transferee.
[Amended 11-19-1997 by Ord. No. 178]
In the event the Board shall approve the transfer of a license, the transferee shall immediately pay to the Township a transfer fee, in an amount as established from time to time by resolution of the Township Board of Supervisors, said transfer fee shall be in lieu of any other fees provided for in this chapter for the issuance of a license.
[Amended 9-14-1983 by Ord. No. 83]
A. 
The following persons shall not be subject to the licensing provisions of this chapter:
(1) 
Farmers. Persons engaged primarily in the business of farming and who, incidental thereto, accumulate obsolete, broken or discarded farm machinery and retain the same as a source of parts for themselves and other farmers.
(2) 
Business. Persons engaged in business who, incidental thereto, accumulate obsolete, broken or discarded machinery, parts, scrap metal, motor vehicles, etc., derived from said business and retained for use in the business for disposition to a junk dealer.
(3) 
Individuals and families. Individuals and families who, after their own use, accumulate small quantities of junk or trash for disposition to a junk dealer or trash collector.
B. 
Persons excluded from the licensing requirements of this chapter under the provisions of this section shall; however, observe the following regulations:
(1) 
The premises shall at all times be so maintained as not to constitute (1) a nuisance or menace to the health of the community or of the residents nearby; or, (2) a place for the breeding of rodents or vermin.
(2) 
The manner of storage and arrangement of junk upon the premises and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water thereupon and to facilitate access for firefighting purposes.
(3) 
Burning of vehicles and other materials shall be done between sunrise and sunset, and shall be attended and controlled at all times by a responsible person.
(4) 
Junk shall not be kept or stored nearer to the right-of-way lines on streets or roads than 25 feet, nor nearer to side or rear property lines than 15 feet.
(5) 
When the Board shall deem it necessary to protect the health, welfare and safety of the residents of the Township, the premises shall be enclosed by a fence or evergreen screen planting or both, of the type and style determined by the Board.
[Amended 11-19-1997 by Ord. No. 178]
Every person licensed under this chapter shall maintain the licensed premises in the following manner:
A. 
Whenever any motor vehicle shall be received upon the licensed premises as junk, all gasoline shall be drained and removed therefrom. Gasoline in an amount not exceeding 100 gallons may be stored above ground in a junkyard provided it is placed in Underwriter Laboratory (U.L.) approved containers. All other gasoline which is kept at the premises shall be stored underground in a U.L. approved tank.
B. 
The manner of storage and arrangement of junk upon the licensed premises and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water thereupon an to facilitate access for firefighting purposes.
C. 
All junk kept, stored, sorted or arranged on the licensed premises shall at all times be kept, stored, sorted and arranged within the junkyard as described in the written application for a license hereunder, and as limited under Subsection B of this section.
D. 
The premises to be licensed shall have a setback line of at least 25 feet from the right-of-way lines of all streets and roads, and a setback line of at least 25 feet from all other property lines. The area between the setback line and the right-of-way lines of all streets and roads and other property lines shall be kept clear and vacant at all times.
E. 
When the Board shall deem it necessary to protect the health, welfare and safety of the residents of the Township, the premises to be licensed shall be enclosed at the setback lines by a fence or evergreen screen planting, or both, of the type and style determined by the Board.
F. 
The licensed 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 and vermin.
G. 
No garbage or other organic waste shall be stored upon the licensed premises.
If any of the regulations set forth in Subsection B of § 190-9 or in § 190-10 are shown by a person, to the satisfaction of a majority of the members of the Board, to be unreasonable and to cause unique and undue hardship as they apply to such person, the Board may grant a variance in writing to such person from the regulation or regulations in question, so that substantial justice may be done and the public interest secured. Provided, however, that such variance will not have the effect of nullifying the intent and purpose of this chapter.
[Amended 9-14-1983 by Ord. No. 83; 11-9-1988 by Ord. No. 133; 11-19-1997 by Ord. No. 178]
If the Board of Supervisors or the officer designated to enforce this chapter by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this chapter, the Board of Supervisors or such enforcement officer shall inform such person in writing of the violation, shall notify such person to cease the violation of this chapter and shall inform such person that he/she or she must pay a civil penalty to the Township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $50 and not more than $600; the penalty for a second offense shall be not less than $100 and not more than $600; and the penalty for a third or greater offense shall be not less than $200 and not more than $600. If such person fails or refuses to remit the penalty to the Township within 10 days from the date of the written notice of the violation of this chapter, the Township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this chapter and/or may commence an action in equity. The Township shall seek a judgment for the penalty previously imposed together with additional daily penalties for continuing violations plus all court costs, including the reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this chapter which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.