[Ord. 38, 6/17/1968, § 1]
This Part shall be known and may be cited as "Lower Heidelberg
Township Junkyard and Refuse Ordinance."
[Ord. 38, 6/17/1968, § 2]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated:
The Board of Supervisors of Lower Heidelberg Township.
Trees that are at least six feet tall at the time they are
planted, and shall be of a fast-growing evergreen variety, with foliage
that shall act as a complete screen from the ground up.
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.
Any person, as hereinbefore 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 Lower
Heidelberg.
Any place where any junk as hereinbefore defined, is stored,
disposed of, or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Any natural person, partnership, association, firm and corporation.
Lower Heidelberg Township, Berks County, Pennsylvania.
[Ord. 38, 6/17/1968, § 3]
No person shall engage in business as a junk dealer, or maintain
a junk yard without first having obtained a license from the Board,
for which license a fee in accordance with the schedule hereinafter
set forth shall be paid to the Township for the use of the Township,
the license shall be issued for a calendar year, and the fee provided
in the schedule shall be charged without regard to the date during
the calendar year upon which it is issued. Each license must be renewed
annually on or before the first day of January of each year.
[Ord. 38, 6/17/1968, § 4]
The license provided for in this Part 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 the license hereinabove mentioned
shall be accompanied by a form, every question of which must be answered,
which form will be supplied by the Board. Applicant shall also submit
therewith a plot plan of the premises used or to be used in connection
with such license.
[Ord. 38, 6/17/1968, § 5]
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
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby, and
the effect of the proposed use upon the Township, both economic and
aesthetic. In the event the Board shall issue a license, it may impose
upon the license and the person applying therefor such terms and conditions
in addition to the regulations herein contained and adopted pursuant
to this Part as may be deemed necessary to carry out the spirit and
intent of this Part.
[Ord. 38, 6/17/1968, § 6]
The license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be calculated
in accordance with the following schedule as determined by the actual
land to be used by the person to whom the license is issued, excluding
all setback areas:
[Ord. 38, 6/17/1968, § 7]
No person licensed under this Part 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.
Nor shall any person operate upon any of the public ways of the Township,
whether from a vehicle or upon foot, as a scavenger or itinerant buyer
or seller of junk.
[Ord. 38, 6/17/1968, § 8]
No License issued by the Board shall be transferable by the
licenser 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 Section 204 of this chapter,
by the transferee.
[Ord. 38, 6/17/1968, § 9]
In the event the Board shall approve the transfer of a license
the transferee shall immediately pay to the Township a transfer fee
of $10.
[Ord. 38, 6/17/1968, § 10]
Every person, licensed under this Part, shall keep and maintain
a book in which shall be recorded in the English language at the time
of the purchase or receipt of any junk, a description of every article
or material purchased or received, the date and hour of such purchase
or receipt and the name of the person from whom such article or material
was purchased or received. Said book shall at all times be subject
to the inspection of any official of the Township or other lawfully
constituted law enforcement officer.
[Ord. 38, 6/17/1968, § 11]
Every person, licensed under this Part 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.
[Ord. 38, 6/17/1968, § 12]
Every person licensed under this Part shall constantly maintain
the licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this section and any
subsequent regulations adopted by the Board:
(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 and no paper, rubbish or rags shall
be stored on 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.
Gasoline in an amount not exceeding 10 gallons may be stored above
ground in said junkyards, provided the same be placed in containers
approved by the Board. All other gasoline which is kept in the premises
shall be stored underground, which underground storage must be approved
by the Board.
(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)
All junk kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for a license hereunder, and as limited under Subsection (d) above.
(f)
A Person licensed under this Part shall not burn more than one motor
vehicle or its equivalent at any one time, the embers from such a
fire must be entirely extinguished before another motor vehicle or
its equivalent is ignited. No oil, grease, tires, gasoline or other
similar material that might be dangerous or tend to produce obnoxious
smoke or odors shall be burned within a junkyard at any time. The
burning of vehicles must be attended and controlled at all times,
and must be done in accordance with the provisions and regulations
of the Township and the Commonwealth of Pennsylvania.
(g)
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 50 feet from all other property lines. The area
between the set back 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.
(h)
The premises to be licensed shall be enclosed and screened from view
at the set back lines by the planting of fast-growing evergreen screen
plantings, which shall be so planted that their juxtaposition shall
create a complete screen, or by the installation of a solid fence
or wall constructed with materials in such a way that it is not aesthetically
objectionable to the surrounding area. The area surrounding the screened
enclosure shall be properly landscaped and planted in grass to a minimum
width of 25 feet.
(i)
Such premises shall not be open for business nor shall any work be
done therein in connection with the storage, processing and 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.
[Ord. 38, 6/17/1968, § 13]
Any person who shall violate any of the provisions of this Part
shall upon conviction thereof, by a summary proceeding, be sentenced
to pay a fine of not more than $600 and the costs of prosecution,
provided that each day's violation of any of the provisions of
this Part shall constitute a separate offense.
[Ord. 38, 6/17/1968, § 14]
In addition to the remedies provided in Section 213 above, any
continued violations of this Part 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.
[Ord. 38, 6/17/1968, § 15]
If any section of this Part shall be found to be invalid, the
other sections of the Part shall not be affected thereby.
