[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.]
GENERAL REFERENCES
Development regulations — See Ch. 115.
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
The detailed nature of the business to be conducted.
(4)
The place where the business is to be located and carried on, by
metes and bounds.
(5)
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.
A.
MOTOR VEHICLE JUNKYARD
OTHER JUNKYARD OR JUNK BUSINESS
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
B.
Word usage. The masculine gender shall include the feminine and neuter
genders, and the singular number shall include the plural number.
A.
Gasoline from any such motor vehicle shall be removed within one
hour and securely stored.
B.
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.
C.
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.
D.
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]
A.
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; 11-23-2020 by Ord. No. 93-2020]
|
Year
|
Fee
|
|---|---|
|
2021
|
$1,000
|
|
2022
|
$1,050
|
|
2023
|
$1,100
|
|
2024
|
$1,150
|
|
2025
|
$1,200
|
|
2026
|
$1,250
|
|
2027
|
$1,300
|
|
2028
|
$1,350
|
|
2029
|
$1,400
|
|
2030
|
$1,450
|
B.
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.
C.
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.
A.
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.
B.
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.
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.
