[HISTORY: Adopted by the Borough Council of the Borough of Trappe as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-2-1982 by Ord. No. 223 (Part 6, Ch. 2, Art. B, of the 1987 Code)]
This article shall be known and may be cited as "Trappe Junkyard Ordinance."
Unless otherwise expressly stated, the following words and phases shall be construed throughout this article to have the meanings indicated in this section:
- The Borough of Trappe, Montgomery County, Pennsylvania.
- The Council of the Borough of Trappe.
- Includes animal or household refuse.
- Any discarded material or article and shall include, but not be limited to scrap metal, scrapped, abandoned, junked motor vehicles, including the commercial storage of wrecked automobiles, pending disposition thereof, machinery, equipment, paper, glass, containers and structures. It shall not include, however, refuse or garbage kept in proper containers for the purposes of prompt disposal.
- JUNK DEALER
- Any person as defined in this section who engages in the business of selling, buying, salvaging and dealing in junk, including one who commercially stores wrecked automobiles pending disposition of same, and who maintains and operates a junkyard within the Borough.
- Any place where any junk, as defined in this section, is stored, disposed of or accumulated.
- The permit granted to a person who accumulates, stores or disposes of junk, as defined in this section.
- Includes any partnership, association, firm and corporation.
- REASONABLE TIME
- A time determined by Council which shall not be more than two years and not less than one year from the date a license is obtained under this article.
No person shall engage in business as a junk dealer, or maintain a junkyard without first having obtained a license from Council, for which a license fee shall be paid to the Borough for the use of the Borough.
The license provided for in this article shall be issued by Council after written application shall have been made therefor by the person desiring to be licensed, the license shall state the name of the person to whom the license is issued and the premises on which the business is to be conducted, or the junkyard is to be maintained. The license shall be posted conspicuously upon the premises licensed under it. The written application for the license shall be accompanied by a form, every question of which must be answered, which form will be supplied by Council. The applicant shall also submit therewith a plot plan of the premises used or to be used in connection with the license.
Upon receipt of an application by Council, Council shall issue a license or shall refuse to issue a license to the person applying therefor after an examination of the application and a determination that the applicant has complied with the regulations in § 199-12.
A license fee shall be paid immediately upon the issuance or renewal of a license. The amount of the license fee shall be as set by resolution of the Borough Council from time to time for each license issued.
No person licensed under this article shall, by virtue of one license, keep more than one place of business within the Borough or maintain more than one junkyard, for the purpose of buying, selling or 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 licensed issued by Council shall be transferable by the license holder to any other person unless such a transfer is authorized by Council. Any person desiring to transfer his license shall notify Council in writing, which notification shall be accompanied by an application for a license, as described in § 199-4 by the person to whom the license is to be transferred.
In the event that Council approves the transfer of a license, the person to whom the license is transferred shall immediately pay to the Borough a transfer fee as set by resolution of the Borough Council from time to time.
Every person licensed under this article shall provide and keep a book in which shall be written down in the English language at the time of the purchase of any junk, a description of every article or material purchased or received by him, the date and hour of purchase or receipt, and the person from whom that article or material was purchased or received. That book shall at all times be subject to the inspection of any official of the Borough or any police officer of the State of Pennsylvania or its subdivisions. In the case of motor vehicle, there shall be kept in addition, a personal description of the person from whom purchased and a complete description of the purchase which shall include the trade name, and the motor, body, manufacturer's numbers and any other serial numbers, and the style of the body, model, color and license number.
Every person licensed under this article 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.
Every person licensed under this article shall constantly maintain the licensed premises in accordance with any special provision imposed by Council and in the manner prescribed by this section and any subsequent regulations adopted by Council. Notwithstanding this provision, all junkyard dealers within the Borough who have been licensed under a previous ordinance in relation to junkyards shall be allowed a reasonable time in which to comply with the following regulations:
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.
No garbage or other organic waste shall be stored in such premises.
There shall be erected a fence or wall not less than six feet in height, nor more than eight feet in height to encompass the entire junkyard for the purpose of preventing thefts and thereby reducing law enforcement problems. The fence or wall shall be constructed of materials of sufficient strength in order to carry out the purpose of this regulation.
In order to allow fire and emergency equipment to maneuver within junkyards to prevent the spread of fires, there shall be a twenty-foot space between rows of junk within the junkyard. Access drives should be made of stone and 25 feet in width, and the width of rows should be no wider than 35 feet, with a maximum row length of no more than 100 feet for fire protection and safety.
No more than two vehicles can be stacked on top of one another. All other junk shall be stacked in a manner and to a height which does not exceed the height limit of the fence which surrounds the junkyard.
There shall be strict compliance with state and federal statutes, and regulations concerning storing and disposal of hazardous waste, including compliance with the Solid Waste Disposal Act and the Resources Conservation and Recovery Act of 1976, as well as all regulations of the Environmental Protection Agency, the Department of Environmental Protection, and the Department of Transportation, concerning the disposal, transportation, storage, and removal of waste and hazardous waste.
The operation of the junkyard shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.
All gas tanks of any junked vehicles or discarded containers shall be emptied of any gas and shall be detoxified by filling the same with water.
An official of the Borough is required to regularly inspect the premises of every license holder to determine if the license holder is in full compliance with the regulations as set forth in § 199-12. Further, that official is required to report, not less than twice yearly, in writing, to Council the conditions of the junkyard.
Any person who violates any provision of this article shall, upon conviction by a summary proceeding, be sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of payment of fine and costs, to imprisonment for not more than 30 days; provided, each day's violation of any provision of this article shall constitute a separate offense.
In addition to the remedies provided in § 199-14, any continued violation of this article which constitutes a nuisance in fact or which shall, in the opinion of Council, constitute a nuisance, may be abated by proceeding against the violator in a Court of Equity for relief.
[Adopted 1-5-1988 by Ord. No. 249 (Part 5, Ch. 2, of the 1987 Code)]
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances and household furnishings creates a hazard and danger to the health and welfare of people of the Borough.
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings provides a breeding area for rodents and other unhealthful animals.
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings creates an attractive nuisance for children who are not aware of the danger involved in them.
The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings violates all concepts of ecological and environmental principles.
As used in this article, the following words and terms shall have the meanings ascribed to them in this section:
- Any item resting for 96 hours or more and which is inoperable, without current registration plates or certificate of inspection, or in such a condition as to be unusable.
- A stove, refrigerator, television set, furnace, water heater, water softener, washer, dryer or mangle, any household article used to perform any of the necessary work in a household, and any article used in business to increase production or to speed, ease or eliminate work.
- Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
- Any item resting for 96 hours or more with no known or apparent owner.
- HOUSEHOLD FURNISHING
- All items normally found and used in a home.
- Items sold or to be sold for scrap, being stripped or being used or sold for parts.
- A wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.
- An automobile, motorcycle, motorbike, minibike, bicycle, go-cart, truck or other wheeled means of conveyance, motorized or self-propelled.
It shall be unlawful for any person to accumulate or store any junked, abandoned or discarded vehicle, trailer, boat, appliance or household furnishing on private or public property within the Borough.
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalty prescribed by § 1-2.