[HISTORY: Adopted by the Board of Supervisors
of Carroll Township 6-19-1968 by Ord. No. 6. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as "Carroll Township Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings herein indicated:
The Board of Supervisors of Carroll Township.
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, paper, glass, containers, and structures.
It shall not include, however, refuse or garbage kept in a proper
container for the purpose of prompt disposal.
[Amended 11-16-1977 by Ord. No. 14; 5-2-1984 by Ord. No. 29]
Any person, as hereinafter defined, who shall
engage in the business of selling, buying, salvaging and dealing in
junk and who maintains and operates a junkyard within the Township
of Carroll.
Any person, corporation, partnership or firm
that permits three or more vehicles or automobiles to remain on any
premises while the same are partially dismantled and cannot be operated
or have not been licensed for a period of more than 60 days.
Any place where any junk as hereinafter defined is stored,
disposed of, or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Includes any partnership, association, firm and corporation.
Carroll Township, Perry County, Pennsylvania.
No person shall engage in business as a junk
dealer or maintain a junkyard without first having obtained a license
from the Board, for which license a fee in accordance with the scheduled
fee hereinafter set forth shall be paid to the Township for the use
of the Township. The license shall be issued for the twelve-month
period beginning July 1, and ending June 30 of the following year,
and each license must be renewed annually on or before the first day
of July of each year.
The license provided for in this chapter shall
be issued by the Board after written application shall have been made
therefor by the person desiring to be licensed. Such license shall
state the name of the person to whom such license is issued and the
premises on which such business is to be conducted, or such junkyard
is to be maintained. Such license shall be posted conspicuously upon
the premises licensed thereunder. The written application for license
hereinabove mentioned shall be accompanied by a form, every question
of which must be answered, which form will be supplied by the Board.
The applicant shall also submit therewith a plot of the premises used
or to be used in connection with such license.
[Amended 11-16-1977 by Ord. No. 14]
Upon receipt of an application by the Board,
the Board shall issue a license or shall refuse to issue a license
to the person applying therefor after an examination of the application
and taking into consideration:
A.
Suitability of the property proposed to be used for
the purposes of the license;
B.
Character of the properties located nearby;
C.
The effect of the proposed use upon the Township,
both economical and aesthetic;
D.
The potential for noise, air and water pollution;
E.
Potential for hazards and congestion to existing highways;
F.
The adequacy of space and special requirements;
G.
The accessibility, to wit: the ingress and egress
to the site of the proposed junkyard;
H.
The potential generation and impact of congestion;
and
[Amended 11-16-1977 by Ord. No. 14]
The license fee shall be paid immediately upon
the. issuance or renewal of a license. The amount of the license fee
shall be as set from time to time by resolution of the Board of Supervisors.
No license shall be issued for the use of a tract of land in excess
of 10 acres, excluding setback areas.
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, for the purpose of
buying, selling and dealing in junk. 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 transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 89-4 of this chapter, by the transferee.
Every person licensed under this chapter shall
keep and retain upon the licensed premises, for a period of 48 hours
after the purchase or receipt thereof, all junk received or purchased
by him, and he shall not disturb or reduce the same or alter the original
form, shape or condition until such period of 48 hours shall have
elapsed.
[Amended 11-16-1977 by Ord. No. 14]
Every person licensed under this chapter shall
constantly maintain the licensed premises in accordance with the following
provisions imposed by the Board and in a manner prescribed by this
section:
A.
Such 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 residents nearby or a place for the breeding of rodents and
vermin.
B.
No garbage or other organic waste shall be stored
in such premises.
C.
Whenever any motor vehicle shall be received in such
premises as junk, all gasoline and oil shall be drained and removed
therefrom and none 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.[1]
[1]
Editor's Note: Original Section 10(e), regarding
the burning of vehicles, which immediately followed this subsection,
was deleted 12-2-2003 by Ord. No. 51.
E.
The premises to be licensed shall be set back a minimum
distance of 25 feet from the right-of-way lines on all streets or
roads and a minimum distance of 25 feet from all other property lines.
The area between the setback line and the right-of-way line and all
streets and roads and all other property lines shall be at all times
kept clear and vacant.
F.
The premises used for storage and arrangement of junk
shall be enclosed with a fence of boards or other solid permanent
type material of a height of at least the maximum height of any pile
or stack of junk contained in such enclosure. The premises used for
storage and arrangement of junk may be enclosed by a screen of trees
capable of obtaining a height of six feet within two years and shall
be planted no greater than six feet apart. Further, no tree shall
be planted having a height of less than three feet.
[Amended 3-21-1979 by Ord. No. 15]
[Amended 11-16-1977 by Ord. No. 14]
A.
Violations and penalties.
(1)
Except as indicated in Subsection A(2) below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
(2)
If enforcement of this chapter is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
any person who violates or permits a violation of this chapter, shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $100 nor more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
B.
Any violation of the regulations of this chapter shall
be grounds for the Board to refuse to renew an existing license.
In addition to the remedies provided in § 89-11 above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
[Added 11-16-1977 by Ord. No. 14]
Any person, partnership, association, firm or
corporation that permits three or more vehicles on any premises while
the same are partially dismantled and cannot be operated or which
shall not be titled shall also constitute the operation of a junkyard
within the meaning of this chapter if such vehicles remain on any
premises for a period exceeding 60 days.
