[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville 8-27-1963 by Ord. No. 9; amended in its entirety 4-19-1994 by Ord. No. 69 (Ch. 13, Part 2, of the 1994 Code). Subsequent amendments noted where applicable]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- FARM MACHINERY
- All types of machinery and equipment which were originally manufactured for farm use, which are retained on farm properties, either as operable equipment or for the purpose of salvaging repair parts.
- Any discarded or salvageable article or material including, but not limited to, scrap metal, paper, rags, glass, containers, scrap wood, motor vehicles, trailers, machinery and equipment, with the exceptions of farm machinery and mobile homes or house trailers which are occupied or are properly placed and planned for occupancy.
- JUNK DEALER
- Any person who buys, sells, salvages, stores, or in any way deals in junk; or owns, leases, operates or maintains a junkyard within the Borough.
- MOTOR VEHICLE
- All types of automobiles, trucks and tractors, including self-propelled machinery of all kinds with the exception of farm machinery.
- Any natural person, partnership, firm, company, corporation or other legal entity.
- Any parcel of land situated in the Borough, having a separate tax map parcel number for county assessment purposes.
- SOLID WASTE
- Any waste including, but not limited to, municipal, residual or hazardous wastes including solid, liquid, semisolid or contained gaseous material.
- Any wheeled vehicles not self-propelled, drawn by a motor vehicle.
In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person may operate a junkyard as herein defined within the Borough without first obtaining a license as herein described.
Any person desiring to operate junkyard in the Borough shall first make written application to the Enforcement Officer. Such application shall be in the form established by the Borough Council and shall set forth the applicant's name and address, include an accurate description of the premises on which the junkyard is to be located including the county tax map parcel number(s), and a statement that the applicant will comply with this chapter and any regulations adopted pursuant to this chapter, and such other information as the Borough Council may require.
An application for license under this chapter shall be examined by the Enforcement Officer and license issued or denied within 60 days of submission thereto. Examination of the application shall include consideration of the suitability of the property proposed to be used for the purpose of the license, the character of nearby properties, and the effect of the proposed use upon the zoning regulations of the Borough. When the application is found in compliance with the provisions of this chapter, the Enforcement Officer shall issue a license to the junk dealer applicant for operation of the junkyard as described in the application.
The required fees shall consist of the application fee which shall not be returnable in case of refusal of license and the annual license fee which shall be established pursuant to a Resolution of the Borough Council. All fees are due, payable to and for the use of the Borough, at time of application. The Enforcement Officer may waive the application fee when issuing renewed licenses. The term of any license issued under this chapter shall be for one calendar year or portion thereof, and shall terminate on December 31 of the year in which issued.
Licenses issued under this chapter are required to be renewed on or before January 1 of the year in which it is desired to continue operations. Such application for renewal must be in writing, in such form as may be required by the Borough Council and accompanied by the license fee. Renewal applications are subject to complete reexamination and consideration by the Enforcement Officer for continued compliance with the terms of this chapter.
No person licensed under this chapter shall, by virtue of one license, operate more than one business or junkyard within the Borough. No person shall engage in business or operate a junkyard at any place other than the place designated by his license. Licenses are nontransferable, both as to junk dealer and junkyard premises. The permitted size of a junkyard shall be fixed at the time of license issuance, with due regard for the existing and proposed uses of the surrounding area and properties and shall not be in excess of one acre, excluding setback areas.
The license under which the junkyard is operated shall at all times be conspicuously posted on the licensed premises, and the operating requirements as herein provided shall be complied with.
Permanent records of all junk received in or removed from any junkyard shall be kept by the junk dealer on the premises, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk. Such records shall be open to inspection at all reasonable times by the Enforcement Officer, and by any law enforcement officer.
Junkyards and businesses licensed under this chapter may not operate on Sunday, nor between the hours of 5:00 p.m. and 8:00 a.m., except to remove any wrecked automobile from any public highway.
All junk in junkyards licensed under this chapter shall be stored as herein provided:
All junk shall be set back at least 40 feet from any adjoining premises and at least 60 feet from the nearest right-of-way of any public street, road or highway.
All junk shall be stored and arranged so as to permit access by fire-fighting equipment. Junked motor vehicles shall be spaced in rows with at least 20 feet between double rows; other junk shall be stored in piles or tiers which shall be separated by aisles or cleared areas of no less than 10 feet.
Junk shall be arranged so as to prevent the accumulation of stagnant water, and shall be stacked to a height of not more than six feet from the ground.
All gasoline and oil shall be drained from junked motor vehicles within 48 hours of arrival on premises. Such gasoline and oil shall be stored at only one location on the premises and not more than 100 gallons in the aggregate, in proper containers, may be stored aboveground.
Paper, rags, plastics and similar materials for salvage shall be stored indoors.
Paper, rags, plastic and similar materials for salvage shall not be accumulated or remain on the junkyard premises for more than 60 days. Materials separated as solid waste shall not be accumulated for more than 30 days.
Not more than one motor vehicle or its equivalent may be burned at any one time. Gasoline, grease, oil, tires or similar materials which could be dangerous or tend to produce obnoxious smoke or odors shall not be burned at any time. Any and all burning or melting on junkyard premises shall be properly attended and controlled at all times.
Garbage, organic waste, or plain solid waste shall not be received or stored in any junkyard. Materials designated as solid waste may be received only as mixed with salvageable materials and shall be promptly disposed of as herein provided.
Every junk dealer licensed under this chapter shall enclose and maintain his junkyard as herein provided:
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 120-4A, of this chapter, shall be at least six feet in height, and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar material, well constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
Junkyard premises which have open-wire fence enclosures visible from an abutting public thoroughfare or from an abutting residential property within 500 feet of the fence shall have a landscaped screen of trees and/or shrubs, of varieties capable of attaining a continuous height of six feet within two years, planted along such fence or section of fence. All required open areas between fence and lot lines of the premises shall be maintained continuously in good order, free of weeds and scrub growth.
The area inside the fence and lot lines of any junkyard premises shall have weeds mowed regularly and not permitted to go to seed.
All junkyard premises shall be maintained in such manner so as not to cause a public or private nuisance. Nor shall they cause any menace to the health or safety of persons off the premises. Nor shall they cause any excessive or offensive or noxious odors or sounds. Nor shall they cause the breeding, harboring or infesting of rats, rodents or vermin. Nor shall they be in violation of any health or sanitation law or ordinance or regulation of any governmental body.
Every junk dealer and junkyard licensed under this chapter is subject to inspection and regulation as herein provided:
Any member of the Borough Council or the Enforcement Officer may at any reasonable time enter upon the premises currently licensed or for which a license application is pending.
The Borough Council may, from time to time pursuant to resolution, adopt regulations to carry out the provisions of this chapter, upon giving notice to licensees affected by such regulations.
The Borough Council may waive the setback requirements as established by § 120-4A, and the planting requirements as established by § 120-7B, for those junkyards in existence at the time of the enactment of this chapter, if such junkyard is in compliance with the other requirements as provided by this chapter, and if, in the Borough Council's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
Junk dealers and junkyards operating and existing in the Borough on the effective date of this chapter shall be required to comply with the provisions of and obtain a license under this chapter within six months from the effective date. However, an extension of the time allotted in complying with the terms of this chapter may be granted at the discretion of the Borough Council. Such extension shall be for good reason, and shall not exceed six months.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.