No person may operate a junkyard as herein defined
within the Borough without first obtaining a license as herein described.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
All junk in junkyards licensed under this chapter
shall be stored as herein provided:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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:
A. 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.
B. 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.
C. The area inside the fence and lot lines of any junkyard
premises shall have weeds mowed regularly and not permitted to go
to seed.
D. 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:
A. 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.
B. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of
this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Adams County.