[HISTORY: Adopted by the Board of Supervisors of the Township
of Germany 4-1-1985 by Ord. No. 15. Amendments noted where applicable.]
This chapter shall be known and may be cited as: "Germany Township
Junk Dealer and Junkyard Ordinance of 1985."
A.
JUNK
JUNK DEALER
JUNKYARD
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Discarded or resalvageable materials, articles or things
possessing value in part, gross or aggregate, and including, but not
limited to: scrapped motor vehicles, equipment, and parts thereof,
including motors, bodies of motor vehicles, tractors, vehicles, scrap
metal, rags, paper, containers, scrap wood, trailers, and equipment
which are inoperable and/or do not have a current and valid inspection
sticker as required by the motor vehicle laws of the Commonwealth
of Pennsylvania, but not including garbage or other organic waste,
or farm machinery, provided said farm machinery is used in connection
with a bona fide farming operation; providing, however, that any existing
or future garage, service station or repair station in the Township
may so long as the same is being operated principally for the repair,
maintenance and service thereon of motor vehicles, may maintain thereon
for a period of 60 days only motor vehicles which do not have current
and valid inspection stickers, and during which time said motor vehicles
may be inoperable, but in the event that 60 days elapse and said vehicles
have not been repaired and a current and valid inspection sticker
has not been obtained, the same shall be hereby considered junk and
subject to the provisions of this chapter.
As used in this chapter, shall mean any person who shall
engage in the business of selling, buying or dealing in junk in Germany
Township, and/or any person who shall store or keep upon his or another's
premises four or more motor vehicles which are unlicensed and inoperable
and do not have a current and valid inspection sticker as required
by the motor vehicle laws of the Commonwealth of Pennsylvania.
As used in this chapter, shall mean any place or establishment
where junk is stored or accumulated on the outside of any building,
edifice or structure that is enclosed on all sides; or, where the
business of selling, buying or dealing in junk is carried on, or where
four or more motor vehicles are stored which are unlicensed, inoperable
and do not have a current and valid inspection sticker as required
by the motor vehicle laws of the Commonwealth of Pennsylvania.
As used in this chapter, shall mean any natural person, association,
partnership, firm or corporation.
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
On and after the effective date of this chapter, no person shall
engage or continue to engage in business as a junk dealer or establish
or operate a junkyard in the Township of Germany, except as authorized
by this chapter and without first having obtained a license therefor
from the Board of Supervisors of the Township of Germany.
Application for such license shall be made in writing and in
the form prescribed by the Board of Supervisors of the Township of
Germany and shall contain the name of the applicant, his address,
his length of residence at such address, his previous criminal record,
if any, the address of the premises upon which such business is to
be conducted or upon which such junkyard is to be established or operated,
the name of the owner or owners of said property if other than the
applicant, and upon any subsequent applications a statement that the
applicant, during the preceding term of his license, did comply with
and did maintain his premises in full compliance with the provisions
of this chapter. Each application shall describe the premises upon
which the junkyard is to be established or operated, specifying therein
setback lines, structures erected thereon, dwellings erected upon
premises adjacent to the premises proposed to be used, and a reference
to the place where the deed is recorded. If the applicant is a partnership
or association, the application shall furnish the above information
for every member thereof. If the applicant is a business corporation,
the application shall furnish the above information for each officer
and director thereof. The application shall be signed by the applicant,
if an individual, by all members if the applicant is a partnership
or association, and by the President and Secretary if the applicant
is a business corporation. A separate application shall be required
for each junkyard conducted by a junk dealer.
A bond in the amount of $5,000 shall accompany every application
for license. The bond shall be executed by a surety company authorized
by the laws of Pennsylvania to transact business within the Commonwealth
of Pennsylvania. The Township may, in lieu of such surety bond, accept
a bond executed by the applicant for license if such bond is secured
by the deposit with the Township Secretary of a cashier's check,
treasurer's check or certificates of deposit of a banking institution
in the total sum of $5,000. The bond shall be renewed and refiled
annually not later than January 5 of each year. The bond shall be
executed in favor of the Township of Germany and shall be for one
year. It shall be the condition of the bond that if upon and after
the issuance of such license the said licensee shall fully and faithfully
observe and comply with the provisions of this chapter and any rules
or regulations promulgated by virtue hereof by the Township Board
of Supervisors, then the obligation of said bond shall be void; otherwise,
it shall remain in full force, virtue and effect.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every junk dealer shall pay an annual license fee as established
by ordinance or resolution of the Board of Supervisors for every license
or renewal thereof issued hereunder. All licenses shall be issued
for a term of one year. No abatement of the annual license fee shall
be made for any cause whatsoever. All licenses must be renewed annually.
Applications for renewal must be in writing in such form as may be
required and accompanied by the license fee. Renewal applications
are subject to complete re-examination and consideration by the Board
of Supervisors of Germany Township, or its agents, for continued compliance
with the terms of this chapter. Licenses shall be issued upon the
condition that the same may be summarily revoked in the event the
said licensee be found to have given any false information or in any
way misrepresented any material fact upon which the issuing authority
has relied in granting such license. No refunds will be given in such
case. No license will be issued for the use of a tract of land in
excess of 20 acres, excluding setback areas.
The Board of Supervisors of the Township, upon receipt of an
application for license under this chapter, shall determine within
120 days from receipt of said application, whether or not a license
shall be issued or a renewal thereof shall be granted after an examination
of the application and upon the fullest consideration of the suitability
of the premises proposed to be used for the purposes of the license,
the character of the property adjacent thereto and the effect of the
proposed use, taking into consideration the health, welfare and safety
of the residents of the Township and any potential hazard which may
result to adjacent properties and structures thereon or to the citizens
of Germany Township. Upon approval of the application for license,
the Board of Supervisors of the Township shall issue to the applicant
a license, upon which said license shall be designated the name of
the junk dealer and the address of the premises approved for use as
a junkyard. Such license shall be at all times conspicuously posted
upon the premises licensed thereunder. No such license issued by the
Board shall be transferable or assignable by agreement, will, intestacy
or otherwise.
No licensee hereunder, nor any person, shall operate upon any
of the streets, roads, alleys and ways of the Township of Germany,
whether from a vehicle or upon foot, as a scavenger or an itinerant
buyer or seller of junk. No licensee hereunder shall engage in business
as a junk dealer in any place other than the place designated upon
his license. No more than one license will be issued to any one junk
dealer. The license issued shall be nontransferable.
No license or renewal thereof shall be issued to any person
who has been convicted of a violation of any of the terms and provisions
of this chapter within any one license period, one year.
Any applicant whose initial or renewal application for license shall be denied for cause as hereinbefore specified, and every person who shall engage or continue to engage in business as a junk dealer in violation of any of the terms and provisions of this chapter or who shall keep or store upon his or other premises four or more motor vehicles which are unlicensed, inoperable and have no valid current inspection sticker, without first having obtained a license therefor, shall, within 60 days after registered notice of such event, remove and clear from the premises or junkyard all junk therein as defined in this chapter. If, within such period of 60 days, such denied applicant or violator fails to fully comply with the provisions of this section and the Township is required to do any work or expend any labor in the place or stead of such person, the cost therefor, plus 20% thereof shall be paid by such denied applicant or violator and the Township may collect such actual cost plus 20% from the bond required by § 104-5 of this chapter. All such property remaining upon such premises after such period of 60 days shall be presumed to be abandoned and to be of no value and the same may be disposed of by the Township on behalf of said denied applicant.
Every licensee hereunder shall provide and shall at all times
keep and maintain records, in the English language, of the time of
his purchase, acquisition or receipt of junk, a full and complete
description, including trade names, serial or manufacturer's
numbers, if any, of every article of item of junk purchased, acquired
or received by him, the date and approximate hour of such purchase,
acquisition or receipt, and the name and address of the person from
whom such article or item of junk was purchased, acquired or received.
Such written records shall at all times be subject to the inspection
of the supervisors and/or the police department of this commonwealth
for just cause. Such records shall be retained for a period of three
years.
Every licensee hereunder shall keep and retain upon the licensed
premises, for a period of 48 hours after the purchase, acquisition
or receipt thereof, every item or article of junk so purchased, acquired,
or received by him and placed on the licensed premises. The licensee
shall not disturb or reduce or alter the original form, shape or condition
of the same until such period of 48 hours shall have elapsed.
Every licensee hereunder shall constantly maintain the licensed
premises in the manner hereinafter prescribed:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance, or a menace to the health and welfare of the community
or to residents nearby, or a place for the breeding of rodents and
vermin.
C.
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 licensed land and to facilitate access for inspection
purposes and firefighting.
D.
No junk shall be stored or accumulated, nor shall any structure be
erected within 100 feet of the side and rear lines of the licensed
premises nor within 500 feet of any existing dwelling house, school,
church, cemetery and playground erected upon premises adjacent to
the licensed premises; nor shall any junk be stored or accumulated
on any structure erected that is used in connection with said junkyard
within 250 feet of that line of the licensed premises abutting a public
street or highway within the Township of Germany. PROVIDED: That in
cases where two or more lines of the licensed premises abut public
streets or highways within the Township all lines of such premises
shall be governed by the above-provided setback of 500 feet. PROVIDED:
That nothing contained in this subsection shall apply to existing
structures pertaining to and being used in connection with junkyards
presently established and operating.
E.
Every structure erected upon the licensed premises and used in connection
therewith shall be of fireproof construction.
F.
All junkyards shall be enclosed by a metal chain-link fence constructed of good heavy-duty steel and supported upon steel posts, or in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. The erection of such fence or wall or entrance gates shall be controlled by the setback provisions of Subsection D hereof. Such fence or wall or gate shall not be less than nine feet in height, nor shall two or more vehicles or major parts thereof be stacked on top of one another or otherwise as to protrude above it. The erection of said fence shall be completed within 12 months after the effective date of this chapter. It is further provided that the foregoing fencing provisions shall be applicable only to that portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion of land is not being used for the storage of junk as defined in this chapter. All fence or wall or gate shall be maintained in good order.
G.
The land area between the above provided chain-link fence or wall
or gate and any public highway, street, avenue or adjacent dwelling
house shall be implanted with evergreens which shall be cultivated
to reach sufficient height so as to provide a screen or barrier about
said premises. The evergreens should be of a variety capable of attaining
a continuous height of nine feet within three years, planted along
such fence or wall.
H.
A sign must be posted as to hours of business at the entrance of
the junkyard.
I.
The junkyard area shall be maintained so as to keep all grass and
weeds mowed.
J.
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.
The Township Supervisors or their appointed agent shall from
time to time regularly inspect the premises of every licensee hereunder
for the purpose of determining whether said licensee has established
and maintained his premises in full compliance with the provisions
of this chapter and such rules and regulations which may hereafter
be adopted by the Township of Germany regulating and licensing junk
dealers and the establishment and maintenance of junkyards. The Township
Supervisors shall forthwith prosecute any discovered violation of
this chapter.
Every junkyard in the Township of Germany shall at all times
be subject to inspection during reasonable hours of the day by the
Supervisors or their appointed agent. To facilitate such inspection,
all junk therein shall be arranged and maintained in a neat and orderly
fashion. All of such junk, vehicles and other junk are to be arranged
in rows with a minimum of 20 feet of clear space between each row
and each of said rows to be no greater in width than 40 feet.
There shall be no burning of junk, rubbish or other material
in connection with the maintenance of junkyards under this chapter.
No junk, scrap, or vehicle bodies, motors or any other item
of junk as defined in this chapter shall be stored, maintained, situate,
placed or otherwise located within 100 feet of any river, stream,
run, creek, floodplain, ditch or any other natural watercourse within
the boundary lines of Germany Township.
No junkyard as defined in this chapter shall be granted a license
under the provisions hereof unless sufficient off-street parking is
provided within the property owner's boundary lines and an adequate
hard surface entrance road is also provided.
Whenever any motor vehicle shall be received or is purchased
for junk, all gasoline, oil, diesel or other fuel shall be drained
and removed therefrom within 24 hours of receipt. Gasoline in the
amount not to exceed 10 gallons may be stored above ground in said
junkyard, provided the gasoline be placed in containers approved by
the Board. All oil, in addition to gasoline and/or diesel fuel, shall
be removed from any kind of motor vehicles deposited as junk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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 costs of prosecution. In default of payment
thereof, the Board of Supervisors shall prescribe imprisonment to
the extent allowed by law for the punishment of summary offenses.
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. In addition, all other actions are hereby reserved, including
an action in equity brought in the Court of Common Pleas of Adams
County, Pennsylvania, for the proper enforcement of this chapter.
The Township of Germany may take any appropriate action at law
or equity, civil or criminal, to enforce the provisions of this chapter,
and this chapter shall in no way restrict any remedies otherwise provided
by law.
