Borough of Lansdale, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Lansdale 4-4-1963 by Ord. No. 799 (Ch. 81 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 335.
Junked or inoperative vehicles — See Ch. 376.
Zoning — See Ch. 405.
This chapter shall be known and may be cited as "The Borough of Lansdale Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein set forth:
COUNCIL
The Council of the Borough of Lansdale.
JUNK
Any used or discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, and vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same, and including two or more motor vehicles not having valid inspections stickers issued by the Pennsylvania Department of Transportation, or two or more wrecked or broken vehicles or the major parts of two or more such vehicles.
[Amended 12-5-1963 by Ord. No. 833[1]]
JUNK DEALER
Any person who shall engage in the business of selling, buying, salvaging and dealing in junk and who maintains and operates a junkyard within the Borough of Lansdale.
JUNKYARD
An area of land, with or without buildings, used for the storage (outside of a completely enclosed building) of junk, as defined in this chapter.[2]
PERSON
Any natural person, partnership, association, firm or corporation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall engage in business as a junk dealer or maintain a junkyard in the Borough of Lansdale without first having obtained a license from the Council, for which license the fee shall be as set by resolution of the Borough Council for each and every calendar year, to be paid to the Borough Treasurer for the use of the Borough.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The license provided for in this chapter shall be issued by the Council upon written application setting forth the owner or owners, in full, of the premises used for the junkyard, the name of the junk dealer and any fictitious or trade name employed by the junk dealer, the name of each partner or associate if the junk dealer is a partnership or association, the name of each officer if the junk dealer is a corporation, the address of the junkyard and the size of the tract or lot upon which the junkyard is located. The license shall state the name of the person to whom the license is issued and the premises on which the business is to be conducted or the junkyard maintained. The license shall be posted conspicuously upon the licensed premises. With the application, the applicant shall submit a plot plan of the premises drawn to scale with the placement of all buildings, watercourses and areas to be devoted to the storage of junk.
No person licensed under this chapter shall, by virtue of one license, keep more than one place of business within the Borough or maintain more than one junkyard for the purpose of buying, selling and dealing in junk. No person shall engage in business as a junk dealer in any place other than the place designated upon his license or maintain a junkyard in any place other than the place designated upon his license.
No license issued by the Council shall be transferable by the licensee to any other person unless such a transfer is authorized by the Council. Any person who transfers his license shall notify the Council in writing, enclosing an application for a license signed by the proposed transferee. In the event that the Council shall approve the transfer of license, the transferee shall pay to the Borough Treasurer a fee as set by resolution of the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-5-1963 by Ord. No. 833]
Every person licensed under this chapter shall provide and maintain a book in which shall be recorded in the English language, at the time of purchase of any junk, a general description of the articles or materials purchased or received, except in the case of motor vehicles, motor vehicle parts, motor-driven appliances and bicycles which shall be specifically described and enumerated, the date and hour of purchase or receipt and the name of the person and address of the person from whom such articles or materials were purchased, received or handled. This record book shall be subject to inspection by the Borough Council, the Borough Police Department or any other Borough official designated by the Council.
[Amended 12-5-1963 by Ord. No. 833]
Every person licensed under this chapter shall keep and retain upon the licensed 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 48 hours have elapsed, with the exception of automobiles scrapped with proper certificate of title and paper or rags which must be stored in the form of bales.
Every person licensed under this chapter shall constantly maintain the licensed premises in the manner prescribed by this chapter as follows:
A. 
Such premises shall at all times be maintained in a manner not to create a nuisance or menace to the health of the community or the residents nearby, nor to create a place for the breeding of rodents and vermin.
B. 
No garbage or other organic waste, rubbish or other flammable articles or materials, except lumber, shall be stored in such premises. Paper or rags shall not be stored upon such premises unless compressed into tight, fire-resistant bales by a mechanical baling device and bound tightly with wire or metal bands.
[Amended 12-5-1963 by Ord. No. 833]
C. 
Weeds and vegetation shall be maintained at a maximum height of two inches in the area actually used for the storage of junk and a height not in excess of 12 inches above ground surface in the area within the junkyard property not actually devoted to the storage of junk.
D. 
Junk shall not be stored upon sidewalk and curb areas of the junkyard premises.
E. 
Junk shall not be stored upon the junkyard premises in stacks or piles exceeding 25 feet in height; vehicles shall be stored at ground level and shall not be piled or stacked one upon another.
[Amended 12-5-1963 by Ord. No. 833]
F. 
The manner of storage and arrangement of junk and the drainage facilities to the premises shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate excess for firefighting purposes.
G. 
Whenever any motor vehicle shall be received in such junkyard as junk, all gasoline and oil shall be drained and removed therefrom and none shall be permitted to remain upon the premises.
H. 
No junk shall be burned.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Junkyards 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 Sunday or on any other day of the week before 7:00 a.m. or after 8:00 p.m., prevailing time, with the exception that emergency calls due to highway accidents may be served at any time.
J. 
Where a junkyard adjoins property actually used for residential purposes, whether or not the latter is owned by the junkyard owner or another person, the Council may require the owner of the junkyard, as a condition of the issuance or re-issuance of the license, to erect a tight wall or fence not in excess of eight feet in height along the side of the junkyard adjoining the property devoted to residential use. The Council shall allow a reasonable time for the erection of such wall or fence, during which time the use of the junkyard may continue.
Upon due notice and after affording opportunity to be heard, the license of any junk dealer may be forfeited or revoked by the Council for any violation of the provisions of this chapter. If at any time the license of a junk dealer shall be forfeited or revoked, at least three months shall elapse before another license shall be granted for conduct of a junkyard upon the same premises.
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 court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the remedies provided in the preceding section, any continued violations of this chapter which shall constitute, in the opinion of the Council, a nuisance in fact may be abated by an appropriate proceeding against the violator in equity.
Nothing herein contained shall be construed to enlarge the uses permitted within the several districts by the Zoning Ordinance as amended. In the case of other ordinances of the Borough relating to junkyards, or the accumulation of rubbish and garbage, the same area, with the exception of the Zoning Ordinance[1] as amended, repealed to the extent necessary to give effect to this chapter, and where there is a conflict between earlier ordinances and this chapter, the latter shall be controlling. As used herein, the masculine singular shall include the plural as well as the feminine and neuter, singular and plural.
[1]
Editor's Note: See Ch. 405, Zoning.