[Ord. 1985-1, 2/13/1985]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
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.
Any person who buys, sells, salvages, stores, or in any way
deals in junk; or owns, leases, operates or maintains a junkyard within
the municipality.
Any place where junk as herein defined is stored or accumulated.
Any premises as herein defined having two or more unlicensed motor
vehicles and/or unlicensed trailers thereon shall be deemed to be
a junkyard, except that the foregoing shall not apply to duly licensed
automobile dealers having operable vehicles on their premises for
resale. Such exception shall not apply to inoperable vehicles being
stored primarily for salvage purposes.
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 Township, having a separate
tax map parcel number for county assessment purposes.
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.
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In this Part, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
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[Ord. 1985-1, 2/13/1985]
No person may be a junk dealer as herein defined within the
municipality without first obtaining a license to operate as herein
described.
1.
Any person desiring to be a licensed junk dealer in the Township
shall first make written application to the Board of Supervisors.
Such application shall be in the form established by the Board of
Supervisors 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 Luzerne County tax map parcel number(s),
and a statement that the applicant will comply with this ordinance
and any regulations adopted pursuant to this ordinance, and such other
information as the Board of Supervisors may require.
2.
An application for license under this ordinance shall be examined
by the Board of Supervisors or duly authorized agent thereof and license
issued or refused within 60 days of submission to the Board of Supervisors.
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 Township. When the application is found
in compliance with the provisions herein given, the Board of Supervisors
or its agent shall issue a license to the junk dealer applicant for
operation of the junkyard as described in the application.
3.
The license fee shall consist of two parts: the application fee shall
be $100 and it is not returnable in case of refusal of license; the
annual license fee shall be $100 per year. All fees are due, payable
to and for the use of the Township, at time of application. The Board
of Supervisors or its agent may waive the application fee when issuing
renewed licenses. The period of any license issued under this ordinance
shall be for one calendar year or portion thereof, and shall terminate
on December 31st of the year in which issued.
4.
Licenses issued under this ordinance 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 Board of Supervisors and accompanied
by the license fee. Renewal applications are subject to complete reexamination
and consideration by the Board of Supervisors or its agents for continued
compliance with the terms of this Part.
5.
No person licensed under this Part shall, by virtue of one license,
operate more than one business or junkyard within the municipality.
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 10 acres, excluding setback
areas.
[Ord. 1985-1, 2/13/1985]
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.
1.
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 Board of Supervisors or its agent,
and by any law enforcement officer.
2.
Junkyards and businesses licensed under this ordinance may not operate
on Sunday, nor between the hours of 9:00 p.m. and 7:00 a.m., except
to remove any wrecked automobile from any public highway.
[Ord. 1985-1, 2/13/1985]
All junk in junkyards licensed under this Part shall be stored
as herein provided:
1.
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.
2.
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 20 feet.
3.
Junk shall be arranged so as to prevent the accumulation of stagnant
water, and shall be stacked to a height of not more than 10 feet from
the ground.
4.
All gasoline and oil shall be drained from junked motor vehicles
within 24 hours of arrival on premises. Such gasoline and oil shall
be stored at only one location on the premises and not more than 50
gallons in the aggregate, in proper containers, may be stored aboveground.
5.
Paper, rags, plastics and similar materials for salvage shall be
stored indoors.
[Ord. 1985-1, 2/13/1985]
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.
[Ord. 1985-1, 2/13/1985]
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.
[Ord. 1985-1, 2/13/1985]
Every junk dealer licensed under this Part shall enclose and
maintain his junkyard as herein provided:
1.
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 304, subsection 1, of this Part, shall be six to eight 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.
2.
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.
3.
The area inside the fence and lot lines of any junkyard premises
shall have weeds mowed regularly and not permitted to go to seed.
4.
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 of 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.
[Ord. 1985-1, 2/13/1985]
Every junk dealer and junkyard licensed under this Part is subject
to inspection and regulation as herein provided:
1.
Any member of the Board of Supervisors or the agent of the Board
may at any reasonable time enter upon the premises currently licensed
or for which a license application is pending.
2.
The Board of Supervisors may from time to time pursuant to resolution
adopt regulations to carry out the provisions of this Part, upon giving
notice to licensees affected by such regulations.
[Ord. 1985-1, 2/13/1985]
The Board of Supervisors may waive the setback requirements
as established by § 304(1), and the planting requirements
as established by § 307(2), for those junkyards in existence
at the time of the enactment of this ordinance, if such junkyard is
in compliance with the other requirements as provided by this ordinance,
and if, in the Board of Supervisors' discretion, compliance with said
setback and planting requirements would cause undue hardship to such
existing junkyard.
[Ord. 1985-1, 2/13/1985]
Junk dealers and junkyards operating and existing in the Township
on the effective date of this Part shall be required to comply with
the provisions of and obtain a license under this Part within six
months from the effective date.
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However, an extension of the time allotted in complying with
the terms of this ordinance may be granted at the discretion of the
Board of Supervisors. Such extension shall be for good reason, and
shall not exceed six months.
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[Ord. 1985-1, 2/13/1985; as amended by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1985-1, 2/13/1985]
The Board of Supervisors may take any appropriate action at
law or equity, civil or criminal, to enforce the provisions of this
ordinance, and this ordinance shall in no way restrict any remedies
otherwise provided by law.
