[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 8-12-1957 by Ord. No. 50 (Ch. 64 of the 1993 Code). Amendments noted were applicable.]
Development regulations — See Ch. 115.
No person shall establish, operate or maintain a motor vehicle junkyard or business or any other junkyard or junk business unless he shall first obtain a license for such yard or business from the Township Committee of the Township of Buena Vista.
Every applicant for a license to engage in said business shall file with the Township Clerk a written application signed by the applicant or applicants, which application shall state:
The name and address of the applicant, and if a firm or corporation, the names and addresses of the officers and the registered agent or partners.
The length of time that the applicant or applicants, or if the applicant is a firm or corporation, the length of time that the manager or the person in charge, has been a resident of the Township of Buena Vista, if such is the case; his or their place of previous employment; and whether the applicant or applicants have been convicted of a crime, and if so, when, what offense and in what court.
The detailed nature of the business to be conducted.
The place where the business is to be located and carried on, by metes and bounds.
A plan or survey showing the existing or proposed entrance or entrances to the premises where said business is to be conducted, and the names and addresses of all owners of real estate on both sides of the street or road for a distance of 1,000 feet on each side thereof.
As used in this chapter, the following terms shall have the meanings indicated:
- MOTOR VEHICLE JUNKYARD
- A place where automobiles or other motor vehicles are kept and dismantled for the purpose of selling or offering the same for sale in parts or as junk metal or material.
- OTHER JUNKYARD OR JUNK BUSINESS
- A place where old metal of any kind, paper, glass, rags, bags or other old material of similar nature is stored, collected, bought, sold or dealt in.
- Includes partnerships and corporations.
Word usage. The masculine gender shall include the feminine and neuter genders, and the singular number shall include the plural number.
Gasoline from any such motor vehicle shall be removed within one hour and securely stored.
No car or part of a car shall be kept or stacked in such manner that rainwater collects and remains in any of the parts thereof for a longer period than 48 hours.
It shall be unlawful to stack, pile or place parts of motor vehicles or other junk or materials upon such premises in such manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.
No automobiles, parts thereof or other junk or material shall be stacked, placed or kept within 300 feet of the side of any street.
All yards or places where such businesses are or shall be conducted shall be enclosed by a substantial fence at least eight feet high and of a type and construction as shall be approved by the Building Inspector of the Township of Buena Vista.
It shall be unlawful to burn any automobile parts or other junk or materials on the premises without application first being made to the Mayor as the Director of Public Safety, who shall approve or disapprove said application, in writing, and if approved, shall designate the time for such burning and also under his direct supervision.
It shall be unlawful to hammer or pound any metals or other materials on said premises between the hours of 7:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays.
[Amended 3-26-1984 by Ord. No. 181-1984]
The annual license fee for motor vehicle junkyards or any other junkyards shall be set forth below. The annual license fee shall accompany the application or the renewal application submitted to Buena Vista Township annually. Applications for renewal of licenses shall be made within 20 days of the expiration of any calendar year.
[Amended 12-27-2016 by Ord. No. 37-2016]
Each holder of a license herein authorized shall at all times keep the license posted, while in force, in a conspicuous place on the premises described in the application for such license.
The licensee, by accepting a license hereunder, agrees to comply with all the terms and conditions set forth in this chapter and all rules and regulations promulgated by the Township Committee.
No license issued under this chapter shall be assigned or transferred without the approval of the Township Committee of the Township of Buena Vista.
No license issued hereunder shall entitle such licensee to operate thereunder at, in or on any other lot, building or location than that which is specified in said license.
All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the Township Committee of the Township of Buena Vista and shall be subject to inspection at all times by the Mayor as Director of Public Safety or by any of his agents or any other duly authorized representative of the Township of Buena Vista.
There shall be no refunds to a licensee upon surrender or revocation of a license granted hereunder.
No new owners' junkyard licenses shall be issued in the Township of Buena Vista unless and until the number of such licenses outstanding is fewer than five; provided, however, that this limitation shall not prevent renewals or person-to-person transfers of junkyard owners' licenses issued and outstanding on the effective date of this chapter.
Any junkyard license for a new license term which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of said new license term, or which is issued to replace a license which expired on the last day of the license term, shall be deemed to be a renewal of the expired or expiring license; provided that said license is for the same owner as the expired or expiring license, covers the same junkyard and is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the Township Clerk prior to the commencement of said new license term or not later than 30 days after the commencement thereof. Junkyard licenses issued otherwise than as herein provided shall be deemed to be new licenses.
[Added 5-10-1993 by Ord. No. 258-1993; amended 1-24-1994 by Ord. No. 270-1994]
Licenses issued under the provisions of this chapter may be suspended or revoked by the Township Committee for any violation of this chapter. Written notice of such suspension or revocation shall be given to the licensee, who may appeal such action to the Township Committee by filing with the Township Clerk a written request for a hearing. Such hearing shall be held by the Township Committee upon five days' written notice to the appellant. The action of the Township Committee at the conclusion of such hearing shall be final, and any suspension or revocation shall be in addition to any penalties for violations otherwise provided in this chapter.
[Amended 5-10-1993 by Ord. No. 258-1993; 1-24-1994 by Ord. No. 270-1994]
Any person who, by himself or by his Clerk, agent or employee, shall establish, operate and maintain a motor vehicle junkyard or other junk business as herein defined without a license as required by this chapter, or who shall violate any of the provisions of this chapter, or who, having had his license revoked, shall continue to establish, operate or maintain a motor vehicle junkyard or other junkyard, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, § 1-15.