[HISTORY: Adopted by the Board of Supervisors of Bear Creek
Township 8-1-1995 by Ord. No. 1-95. Amendments noted where applicable.]
A.
JUNK
JUNK DEALER
JUNKYARD
PERSON
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any discarded material or article that is not ordinarily
disposed of as rubbish or refuse, and shall include but not be limited
to scrap metal and scrapped motor vehicles, any stored vehicle not
visibly in compliance with the Pennsylvania Motor Vehicle Code,[1] trucks, trailers and machinery, but shall not include
any garbage or other organic waste or any paper, rubbish, rags or
other flammable article or material.
Any person, as hereinafter defined, who shall engage in the
business of storing, selling, buying and dealing in junk. It shall
also include any persons involved in the scrapping or salvaging of
motor vehicles.
Any lot, parcel or tract of land maintained and intended
for the purpose of supplying a location for keeping, storing, parking,
altering or otherwise using and dealing in junk.
Any natural person, partnership, firm, association, corporation
or the like.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B.
Word usage. In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
There shall be no new junkyards permitted in Bear Creek Township
upon the closing of any existing junkyard.
Except as provided in § 76-17 hereof, the deposit, storage, maintenance or collection of junk or junk cars outside of a building or buildings is hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the residents of the Township.
No person shall park or locate any junk or vehicle not visibly
complying with the Pennsylvania Motor Vehicle Code or allow it to
stand upon any street, alley or other public place or upon any public
or private tract of land, occupied or unoccupied, within Bear Creek
Township, except as provided in this chapter.
No person shall operate or occupy any junkyard within the Township
except as provided in this chapter.
No person shall engage in business as a junk dealer or shall
establish or operate any junkyard within the Township until a permit
shall have been secured from the Board of Supervisors of the Township.
A.
Any person operating as a junk dealer or operating any junkyard shall
make annual application for a permit to the Code Enforcement Officer
of the Township. With every annual application, there shall be submitted
a plan of such junkyard or proposed junkyard showing the following:
B.
Such annual application shall be accompanied by a fee to be set from
time to time by resolution of the Board of Supervisors to cover the
costs of the services of the Township officers and employees in making
the necessary studies and investigations in connection with such applicant.
C.
Such application must be submitted by December 1 for operation for
the succeeding calendar year, except for the first year of this chapter.
Following receipt of the application for a permit as provided
above, the Code Enforcement Officer shall cause an investigation to
be made of the premises to which such application relates, and, within
30 days of the receipt of the application, the results of such investigation
shall be referred to the Board of Supervisors or a committee of three
members of the Board of Supervisors to be appointed by the Township
Supervisor to determine that all requirements of this chapter are
conformed to before said permit shall be issued. In connection with
such investigation, the Code Enforcement Officer, the Chief of Police,
the Fire Chief and any other Township officer or employee requested
to do so by the Board of Supervisors shall visit the premises in order
to determine whether the requirements as to which they have particular
knowledge and understanding are adhered to.
The Board of Supervisors shall be required to grant an annual
permit under the terms of this chapter, after the investigation set
forth above, only in such instances where such premises shall be planned,
arranged and operated so as to prevent the escape of smoke, gas and
odors to minimize the danger of fire or explosion and to protect the
health and safety of all persons in the Township. Such permission,
when granted, may be conditioned on the adherence by the person to
whom the permit may be issued to any and all conditions prescribed
by the Board of Supervisors in order to meet the above-mentioned standards
of health and safety to the public. Every person receiving such permission
shall constantly conform to such conditions.
Immediately following the investigation required under § 76-8, when the Board of Supervisors shall be satisfied that all the applicable requirements of this chapter have been adhered to or are to be adhered to according to the plans for an existing junkyard, the Board of Supervisors shall issue a permit to operate such junkyard for the following calendar year. Such annual permit shall be subject to suspension by the Board of Supervisors whenever the holder thereof violates any provision of this chapter. A suspended permit may be reinstated by the Board of Supervisors for the balance of the year for which it was issued upon compliance by the holder thereof with all the provisions of this chapter. No person shall operate a junkyard in the Township during the time when the permit therefor shall have been suspended.
Such permit shall state the name of the person to whom such
permit is issued and the premises from which such business is to be
conducted. Such permit shall be posted conspicuously upon the premises
permitted to be used thereunder.
Thirty days prior to the expiration date of any permit, the holder thereof may apply to the Code Enforcement Officer for a renewal thereof, such application to be accompanied by a fee to be set from time to time by resolution of the Board of Supervisors. Following an investigation as provided for in § 76-8 to ascertain whether all the requirements of the chapter continue to be adhered to, the Board of Supervisors shall renew such permit for a further period of one year.
No person having a permit under this chapter shall, by virtue
of one permit, keep more than one place of business within Bear Creek
Township for the purpose of buying, selling, storing and dealing in
junk, nor shall any such person or any other person operate upon any
of the streets in the Township, whether from a vehicle or upon foot,
as a scavenger or an itinerant buyer, seller, storer or dealer of
junk.
No permit issued under this chapter shall be transferable from
one person to another person without approval of the Board of Supervisors.
Every junk dealer shall provide and shall constantly keep a
book in which shall be legibly written in the English language at
the time of the receipt of any junk a description of every article
or material purchased or received by him, the date and hour of such
purchase or receipt and the person from whom such article or material
was purchased or received. Such book and all junk purchased, received
or handled by any junk dealer at all times shall be subject to the
inspection of the Board of Supervisors or its designee.
Every junk dealer having a permit under this chapter shall keep
and retain upon the permitted premises for a period of 48 hours after
the purchase or receipt thereof all junk received or purchased by
him, and he shall not disturb or reduce the same or alter the original
form, shape or condition until such period of 48 hours shall have
elapsed.
Every junk dealer having a permit under this chapter shall constantly
maintain the licensed premises in the manner prescribed by this section,
as follows:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste and no paper, rubbish, rags or
other flammable articles or materials shall be stored on such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom
and none shall be permitted to remain upon the premises.
D.
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 premises and to facilitate access for fire-fighting
purposes.
E.
Such premises shall not be open for business nor shall any work be
done therein in connection with the storage, processing and transporting
or removal of junk at any time on the first day of the week, commonly
called "Sunday," or on any other day of the week before 7:00 a.m.
or after 6:00 p.m.
F.
Such premises shall be completely enclosed by a fence at least eight
feet in height, with all access gates locked when the business is
not in operation.
G.
Such premises shall be obscured from public view by an acceptable
method as approved by the Township Supervisors' permit under
this chapter, and no license shall extend the area of any junkyard
nor add a new facility or structure.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable for each offense by a fine
of not more than $600, plus costs of prosecution, and, in default
of payment of such fine and costs, shall be imprisoned for a period
of not more than 30 days.
Enforcement of this chapter shall be by the Police Department
and/or other applicable Township officials.
