[HISTORY: Adopted by the Board of Supervisors of the Township
of Mount Pleasant 8-9-1976 by Ord. No. 64. Amendments noted where
applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 244.
Solid waste — See Ch. 301.
This chapter shall be known and may be cited as the "Mount Pleasant
Junk Dealer and Junk Ordinance."
A.
JUNK
JUNK DEALER
JUNKYARD
PERSON
As used
in this chapter, the following terms shall have the meanings indicated:
Discarded materials, articles or things possessing value
in part, gross or aggregate, and including but not limited to scrapped
motor vehicles and parts thereof, including motors, bodies of motor
vehicles and vehicles which are inoperable and do not have a current
and valid inspection sticker or current registration ticket 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.
Any person who shall engage in the business of selling, buying
or dealing in junk in Mount Pleasant Township and/or any person who
shall store or keep upon his or another's premises one 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.
[Amended 2-8-1982 by Ord. No. 77]
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 one 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.
[Amended 2-8-1982 by Ord. No. 77]
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 Mount Pleasant except as
authorized by this chapter and without first having obtained a license
therefor from the Board of Supervisors of the Township of Mount Pleasant.
Application for such license shall be made in writing, under
oath, and in the form prescribed by the Board of Supervisors of Mount
Pleasant Township, 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 furnish
the above information for each officer and 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 penal sum of $10,000 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 $10,000. The bond shall be renewed and refiled
annually not later than January 31 of each year. The bond shall be
executed in favor of the Township of Mount Pleasant and shall be for
the use of the Township. The term of the bond 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
and 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.
Every junk dealer shall pay an annual license fee as set by
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, beginning January 1 and ending December 31. No abatement
of the annual license fee shall be made for any cause whatsoever.
All licenses must be renewed annually on or before the first day of
January of each year. Such license 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.
A.
The Board of Supervisors of the Township, upon receipt of an application
for license under this chapter, shall determine 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 Mount Pleasant Township.
B.
Upon approval of the application for license, the Board of Supervisors
of the Township shall issue to the applicant a license, upon which
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 Mount Pleasant, 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, provided that, if a junk dealer desires to operate more than one junkyard, a separate license shall be obtained for each additional junkyard by filing therefor a separate application and a separate application and a separate bond and paying therefor the license fee as provided in § 213-6 hereof.
A.
No license or renewal thereof shall be issued to any person who has
been twice convicted of a violation of any of the terms and provisions
of this chapter within any one license period (one year).
B.
No license or renewal of license shall be issued to any person who,
within the five years immediately preceding the date of his application,
shall have been convicted for any felony or misdemeanor or crimen
falsi.
[Amended 2-8-1982 by Ord. No. 77]
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 one or more motor vehicles which are unlicensed, inoperable and have no valid current inspection sticker, without first having obtained a license therefor, shall, within 15 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 15 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 § 213-5 of this chapter. All such property remaining upon such premises after such period of 15 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 or 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 Township Supervisors or their designated representative for
just cause. Such records shall be retained for a period of five years.
Every licensee hereunder shall keep and retain upon the licensed
premises, for a period of 24 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 license
shall not disturb or reduce or alter the original form, shape or condition
of the same until such period of 24 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.
B.
No garbage or other organic waste shall be stored on such premises.
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 25 feet of the side and rear lines of the licensed
premises nor within 75 feet of any existing dwelling house erected
upon premises adjacent to the licensed premises; nor shall any junk
be stored on accumulated or any structure be erected that is used
in connection with said junkyard within 40 feet of that line of the
licensed premises abutting a public street or highway within the Township
of Mount Pleasant, provided that, in cases where two or more lines
of the licensed premises abut public street or highways within the
Township, one line only of such premises shall be governed by the
above-provided setback of 40 feet; provided also 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.
The premises 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 shall be controlled by the setback provisions of Subsection D hereof. Such fence or wall shall not be less than six feet in height nor shall one 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. If, in the sole and exclusive opinion of a majority of the Board of Township Supervisors, it should appear that the owner and/or operator of a junkyard situated within the Township has clearly demonstrated that he is making a continuing bona fide effort to comply with the fencing provisions of this subsection, then and in such event the Board may, in its sole discretion, grant an extension of time to such owner or operator of a junkyard for the completion of the erection of said fence, upon receipt of a written letter from said junkyard owner or operator requesting such an extension of time. It is further provided that the aforegoing 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.
[Amended 2-8-1982 by Ord. No. 77]
F.
The land area between the above-provided chain-link fence or wall
and any public highway, street or avenue shall be implanted with shrubbery,
bushes and evergreens at reasonable intervals between each such plant;
provided, however, the same shall not encroach on the public right-of-way.
The Mount Pleasant Township Supervisors or their designated
representative 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 Mount
Pleasant regulating and licensing junk dealers and the establishment
and maintenance of junkyards. The Mount Pleasant Township Supervisors
or their designated representative shall forthwith prosecute any discovered
violation of this chapter. The Mount Pleasant Township Supervisors
or their designated representative shall, not less than twice yearly,
furnish to the Mount Pleasant Township Board of Supervisors a report
of such inspections, the same to be in writing and in the form prescribed
by the Board of Supervisors of the Township of Mount Pleasant.
Every junkyard in the Township of Mount Pleasant shall at all
times be subject to inspection during reasonable hours of the day
by the Mount Pleasant Township Supervisors or their designated representative.
To facilitate such inspection and fire control, 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.
No burning of junk, rubbish or other material in connection
with said junkyards shall be ignited or otherwise commenced except
between the hours of 11:00 a.m. and 5:00 p.m., Tuesday through Thursday.
No junk, scrap or automobile bodies, motors or any other item
of junk as defined in this chapter shall be stored, maintained, situated,
placed or otherwise located within 20 feet of any river, stream, run,
creek, irrigation ditch or any other natural watercourse within the
boundary lines of Mount Pleasant Township.
No junkyard as defined in this chapter shall be granted a license
under the provisions hereof unless off-street parking is provided
within the property owner's boundary lines.
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 defendant may be sentenced to imprisonment for a term
not exceeding 90 days. 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.
This chapter shall become effective five days after enactment as provided in the Second Class Township Code, with the exception, however, of the provisions for the erection of a fence as provided in § 213-13F.
