[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 3-20-1963
by Ord. No. 541 (Ch. XIV, Part 3 of the 1970 Code). Amendments
noted where applicable.]
[Amended 5-20-1964 by Ord. No. 556]
Whenever used in this chapter, unless a different meaning appears in
the context, the following terms shall have the meanings indicated:
Any natural individual, firm, company, corporation, tenant, owner,
trust, partnership, association, lessee, licensee or agent.
Any land, building or other places, having an area of 100 square
feet or more, used and/or maintained for the collection, storage, keeping,
abandonment, demolition, or dismantling of scrap and discarded materials that
no longer function as the use for which they were designed and/or manufactured.
The scrap and discarded materials include, but are not limited to, vehicles,
machinery, plumbing fixtures and electrical appliances.
A.
It shall be unlawful for any person to establish, operate
or maintain or permit to be established, operated or maintained upon any property
owned or controlled by him a salvage yard or junkyard within the limits of
the Borough of Waynesboro, Pennsylvania, without having first secured a license
therefor from the Borough Manager, granted and existing in compliance with
the terms of this chapter, which license shall expire one year from the date
of issuance, but may be renewed under the provisions of this chapter for additional
periods of one year.
B.
The application for a license for a salvage yard not
heretofore in operation shall be filed with the Borough Manager and shall
be accompanied by a filing fee of $50. The application for new salvage yards
shall be in writing signed by the applicant and shall include the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner or owners of the land
upon which the salvage yard is to be laid out.
(3)
The location and legal description of the salvage yard.
(4)
A complete layout of the proposed salvage yard indicating
compliance with the provisions of this chapter.
(5)
Plans for and specifications of all fencing, sewer and
water facilities and access driveways.
(6)
Such further information as may be requested by the Borough
Manager's office to enable it to determine if the proposed salvage yard
will comply with legal requirements.
C.
The application and all accompanying plans and specifications
shall be filed in triplicate. The Borough Manager or his duly appointed designee
shall investigate the applicant and inspect the application and the proposed
plans and specifications. If the salvage yard will be in compliance with all
provisions of this chapter and all other applicable ordinances and statutes
the Borough Manager shall approve the application and upon completion of the
salvage yard according to the plan shall issue the license.
D.
The application for a license for an existing salvage
yard shall be filed with the Borough Manager and shall be accompanied with
a fee of twenty-five dollars. The application shall be in writing signed by
the applicant and shall include the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner or owners of the land
upon which the salvage yard is maintained.
(3)
Such further information as may be required by the Borough
Manager's office to enable it to determine if the salvage yard is in
compliance with legal requirements.
E.
The application shall be filed in triplicate. The Borough
Manager or his duly appointed designee shall inspect the application and if
the existing salvage yard is in compliance with all provisions of this chapter
and statutes the Borough Manager shall approve the application and shall issue
the license.
F.
Upon application in writing by a licensee for renewal
of a license and upon payment of the annual license fee of $10 the Borough
Manager shall issue a certificate renewing such license for another year.
[Amended 5-20-1964 by Ord. No. 556]
Junkyards and salvage yards shall conform to the following requirements:
A.
Fences:
(1)
No junkyard or salvage yard may be established or enlarged
until the land upon which it is to be situated shall be fenced with a fence
of board, masonry or other suitable fencing of a minimum height of eight feet
surrounding the immediate area where the activities of said junkyard are to
be conducted; provided that means of ingress and egress thereto shall have
gates, doors or other types of barriers of at least said minimum height which
shall be closed and locked when the junkyard is not in operation.
B.
Proximity to streams: All junkyards and salvage yards
shall be maintained so that any adjacent stream or body of water shall not
be polluted or damaged by the drainage or dumping of waste materials or substances
therein.
C.
Sewage and utilities:
(1)
All new and enlarged junkyards having an employee on
the premises as an attendant shall as a condition of securing a license make
proper connection to water, sanitary sewer and other utilities and provide
adequate rest rooms for employees and customers.
(2)
All existing junkyards and salvage yards having an employee
on the premises as an attendant shall make proper connection to water, sanitary
sewer and other utilities and install adequate rest rooms for employees and
customers within 18 months from the date of the adoption of this chapter as
a condition of maintaining their license.
D.
Fire hazards: No materials or refuse shall be collected,
accumulated, or stored in such a manner that the same shall constitute a fire
hazard to the general public as determined by the fire hazard inspector or
as defined by any fire code heretofore or hereafter adopted.
E.
Burning: Burning of material shall be controlled so as
to prevent objectionable odor, smoke or air pollution beyond the lot.
F.
Sanitation and health: Adequate safeguards shall be provided
against vermin infestation and breeding and to prevent drainage into streets,
alleys or public ways of waste materials or accumulations of dirt.
G.
Lighting: Any night lighting of junkyards or salvage
yards shall be shielded to avoid projection on to adjacent residences.
H.
Nuisance: junkyards and salvage yards shall be operated
in such manner that the same shall not become a public nuisance.
All new or enlarged junkyards or salvage yards shall conform to the
following requirements:
A.
The fencing required by § 156-3A, supra, shall be set back 30 feet from any existing street or alley, 20 feet from all adjoining lot lines, and shall be located at least 100 feet from any permanent residential building.
B.
Natural evergreen screening (trees, bushes, hedges, etc.)
shall be planted and maintained between the fencing heretofore required and
the street, alley or lot lines with a depth of not less than five feet and
to grow to eight feet in height.
C.
Adequate access driveways shall be provided to connect
the salvage yard with a street or alley.
The licensee or a duly authorized agent shall be in charge at all times
when the junkyard or salvage yard is open to the public to keep the materials
collected and stored therein in a safe condition. The agent shall be answerable,
with the licensee, for the violation of any provisions of this chapter to
which the licensee is subject.
The Borough Manager at the direction of the Borough Council may revoke
any license to maintain and operate a junkyard or salvage yard when the licensee
has been found guilty by a court of competent jurisdiction of violating any
provision of this chapter. After such a conviction, the license may be reissued
if the circumstances leading to a conviction have been remedied and the salvage
yard or junkyard is being maintained and operated in full compliance with
this chapter.
Any person violating any sections of this chapter shall be subject to
a fine of not less than five dollars nor more than $50 for each offense. Each
24 hours of maintenance of prohibited condition shall constitute a separate
offense. Such fine or penalty shall be recovered for the use of the Borough
before any Magisterial District Judge of the said Borough in the manner provided by
law. In default of payment of the fine the offender may be sentenced to the
County Jail for a period not exceeding five days for each offense.
