No person shall maintain a junkyard in the Borough
of Lititz without first having obtained a license from the Lititz
Borough Office. The license shall be issued for a calendar year and
shall be renewed before the first day of January of each year. Licenses
are not transferable. No person may keep more than one junkyard in
the Borough under any one license.
Application for a license shall be made in writing
to the Lititz Borough Council, which shall 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 to be used for the purposes of the license, the character
of the properties nearby and the effect of the proposed use upon the
health, welfare and safety of the residents of the Borough.
The annual license fee shall be as provided for in Chapter
55, Fees.
A person engaged as a dealer in new and/or used machinery, equipment or motor vehicles is excluded from the licensing provisions of this chapter, provided that the outside area of the premises used as a junkyard is less than twice the size of the inside service area of the same premises. Such person, however, shall comply with the regulations set forth under §
72-6.
Every person subject to the provisions of this
chapter shall maintain the premises on which his business is conducted
in the manner prescribed in this section.
A. The 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 not to constitute a place for the breeding
of rodents and vermin.
B. No garbage or other organic wastes and no paper, rubbish,
refuse, rags or other flammable material or article shall be stored
on the premises.
C. Whenever any motor vehicle or other equipment shall
be received on the premises as junk, all gasoline and oil shall be
drained and removed therefrom. No gasoline or oil shall be permitted
to remain upon 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. The premises shall not be open for business nor shall
any work be done thereon in connection with the accumulation, sorting,
salvaging, disposing, 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. or after 6:00 p.m.
F. Junk may not be stored within 100 feet of any right-of-way
line of any street, road or alley or within 100 feet of the property
lines of the premises. All junkyards must be concealed by evergreen
plantings or other enclosure approved by the Borough Council. No junk
shall be stored on the premises higher than the enclosure.
Any person who shall violate any of the provisions
of this chapter and shall be convicted thereof before the Mayor or
any District Justice in the Borough of Lititz, Lancaster County, Pennsylvania,
shall be sentenced to pay a fine not to exceed the maximum fine of
$300, plus costs of prosecution, and in default of payment of such
costs and prosecution, imprisonment for a term not exceeding 30 days;
provided, however, that if the District Justice determines that the
defendant is without the financial means to pay the fines and costs
immediately or in a single remittance, such defendant shall be permitted
to pay the fines or costs in installments and over such periods of
time as the District Justice deems to be just.
[Added 2-22-1966 by Ord. No. C-62, approved 2-26-1966]
If any of the regulations set forth in §
72-6 are shown by a person to the satisfaction of a majority of the members of the Borough Council to be unreasonable and to cause unique and undue hardship as they apply to such person, the Council 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 variation will not have the effect of nullifying the intent and purpose of this chapter.