[Ord. 1927, 5/22/2006, § I]
The Board of Commissioners finds as a fact that unregulated
and unscreened vehicle salvage yards create an eyesore, a hazardous
environment to emergency responders and a nuisance and encourage blight,
property deterioration and diminished property values to the detriment
of the community.
[Ord. 1927, 5/22/2006, § II]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A vehicle, other than a pedalcycle, shall be presumed to be
abandoned under one or more of the following circumstances, but the
presumption is rebuttal by a preponderance of the evidence:
The vehicle is physically inoperable and is left unattended
on a highway or other public property for more than 48 hours.
The vehicle has remained illegally on a highway or other public
property for than 48 hours.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 48
hours.
Vehicles and equipment used or to be used in construction or
in the operation or maintenance of highways or public utility facilities,
which are left in a manner which does not interfere with the normal
movement of traffic, will not be considered to be abandoned.
All types of vehicles, 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 of Harrison having
a separate Tax Map parcel number for county assessment purposes.
A person engaged in the business of acquiring vehicles, including
but not limited to abandoned vehicles, for the purpose of taking apart,
junking, selling, storing, rebuilding or exchanging the vehicles or
parts thereof, including but not limited to salvors licensed under
State law.
A place where vehicles are stored, kept or held by a salvor.
Any wheeled vehicle not self-propelled, drawn by a motor
vehicle.
Every motor vehicle, trailer or other device in, upon or
by which any person or property is or may be drawn on a highway or
upon property, including but not limited to cars, trucks, buses, earthmoving
and road construction and maintenance machinery, spreaders, mixers,
loaders, snowplows, backhoes, ditchers, graders, scrapers, cranes,
tractors, rollers, etc., excluding pedalcycles.
[Ord. 1927, 5/22/2006, § III]
1.Â
No person may operate a vehicle salvage yard as herein defined within
the Township of Harrison without first obtaining a license as herein
described.
A.Â
Any person desiring to operate a vehicle salvage yard in the Township
of Harrison shall first make written application to the Township Ordinance
Enforcement Officer or such other person as may be designated by the
Board of Commissioners. Such application shall be in the form established
by the Board of Commissioners and shall set forth the applicant's
name and address, include an accurate description of the premises
on which the vehicle salvage yard is or is intended to be located,
including the 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 Commissioners may require.
B.Â
An application for license under this Ordinance shall be examined
for compliance with the requirements and criteria set forth herein
and a license issued or denied within 60 days of submission thereof.
When the application is found in compliance with the provisions of
this Ordinance, the designated official shall issue a license to the
applicant for operation of the vehicle salvage yard as described in
the application and subject to any conditions that may be attached.
C.Â
The required fees shall consist of the application fee, which shall
not be returnable in case of refusal of the license, and the annual
license fee, which shall both be established pursuant to resolution.[1] All fees are due, payable to and for the use of the Township
at time of application. The term of any license issued under this
Ordinance shall be for one calendar year, or portion thereof, and
shall terminate on December 31 of the year in which issued.
[1]
Editor's Note: The current fee resolution is on file
in the office of the Township Secretary.
2.Â
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 and filed
at least 60 days prior to January 1 of the year in which applicant
desires to continue operations, in such form as may be required by
the Township and accompanied by the license fee. Renewal applications
are subject to complete reexamination and consideration for continued
compliance with the terms of this Ordinance.
3.Â
No person licensed under this Ordinance shall, by virtue of one license,
operate more than one separate vehicle salvage yard within the Township.
No person shall engage in business or operate an vehicle salvage yard
at any place other than the place designated by his license. Licenses
are nontransferable, both as to salvor and the vehicle salvage yard.
[Ord. 1927, 5/22/2006, § IV]
License denials shall be in writing, stating the reasons for
denial and notifying the applicant of the opportunity to appeal a
denial. Denials may be appealed by filing a written request for appeal
with the Township Secretary within 30 days of the date of the denial
letter appealed from, accompanied by an appeal fee in the amount of
$100, or such other amount as may be set from time to time by resolution
of the Board of Commissioners. In addition to the appeal fee, the
appellant shall pay for the cost of a court reporter and any advertising
needed. Upon receipt of a timely request for appeal, the Board of
Commissioners will hold a Local Agency Law hearing.
[Ord. 1927, 5/22/2006, § V]
1.Â
The license under which the vehicle salvage yard is operated shall
at all times be conspicuously posted on the licensed premises, and
the operating requirements as herein provided shall be complied with.
2.Â
Records pertaining to vehicles stored in a vehicle salvage yard shall
be kept as may be required by state law.
[Ord. 1927, 5/22/2006, § VI]
All vehicles in vehicle salvage yards licensed under this Ordinance
shall be stored as herein provided:
A.Â
All vehicles shall be stored and arranged so as to permit access
by firefighting equipment.
B.Â
Vehicles shall be arranged and the premises maintained so as to prevent
the accumulation of stagnant water. Vehicles shall not be stacked.
C.Â
No fluids shall be permitted to leak from vehicles on to the premises.
Any leaking fluids shall be collected in approved containers and disposed
of off the premises in accordance with law. Leaking vehicles shall
be removed.
[Ord. 1927, 5/22/2006, § VII]
1.Â
Every salvor licensed under this Ordinance shall enclose and maintain
the vehicle salvage yard as herein provided:
A.Â
Every vehicle salvage yard premises shall be completely screened
from the main-traveled way of any street or highway it abuts by use
of fencing, trees or plantings or other means found by the Township
Engineer to be effective in screening the salvage yard from view and
compatible with the surrounding neighborhood. Entrance gates shall
completely screen the interior premises of the vehicle salvage yard
from view from the highway when closed and shall be kept closed and
securely locked except during business hours. Fencing shall be maintained
in good condition throughout its length at times and shall not contain
advertising or signage of any kind.
B.Â
The area inside the fence and lot lines of any vehicle salvage yard
premises shall have weeds mowed regularly and not permitted to go
to seed.
2.Â
All vehicle salvage yard 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 off the premises; nor
shall they cause any excessive or offensive or noxious odors or sounds;
nor shall they be in violation of any health or sanitation law or
ordinance or regulation of any governmental body.
[Ord. 1927, 5/22/2006, § VIII]
1.Â
Every vehicle salvage yard licensed under this Ordinance is subject
to inspection and regulation as herein provided:
A.Â
Officials designated by the Township may at any reasonable time enter
upon the premises currently licensed or for which a license application
is pending.
2.Â
The Board of Commissioners may from time to time, pursuant to resolution,
adopt regulations to carry out the provisions of this Ordinance, upon
giving notice to licensees affected by such regulations.
[Ord. 1927, 5/22/2006, § IX]
Vehicle salvage yards and salvors operating and existing in
the Township on the effective date of this Ordinance shall be required
to comply with the provisions of this Ordinance and obtain a license
under this Ordinance within four months from the effective date. However,
an extension of the time allotted in complying with the terms of this
Ordinance may be granted at the discretion of the Township officer
responsible for reviewing license applications. Such extension shall
be for good reason to avoid unreasonable hardship, shall be conditioned
upon the premises being put into maximum feasible compliance with
this Ordinance during such extensions, and shall not exceed two months.
[Ord. 1927, 5/22/2006, § X]
Any person, firm or corporation who shall violate any provision
of this Ordinance shall, upon conviction thereof, be sentenced to
pay a fine not more than $600 and, in default of payment, to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
Ordinance continues shall constitute a separate offense.
[Ord. 1927, 5/22/2006, § XI]
The Township 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.
