[Ord. 1969-1, 1/9/1969, § 1]
This Part shall be known and may be cited as the "Shrewsbury
Township Junkyard and Refuse Ordinance."
[Ord. 1969-1,1/9/1969, § 2]
It is the purpose and intent of this Part to promote and protect
public health so as to prevent the accumulation of excessive rubbish
and junk and the development of potential public health nuisances
through the accumulation of unsanitary conditions. Further, to protect
the safety and general welfare of the public by eliminating unattractive
nuisances and unsafe conditions; at the same time to protect property
values of adjacent property owners by regulating and licensing junk
dealers in accordance with § 1532(4) of the Second Class
Township Code, 53 P.S. § 66532(4).
[Ord. 1969-1, 1/9/1969, § 3]
The following words shall for the purposes of this Part have
the following meanings:
Board of Supervisors of Shrewsbury Township.
Any discarded material and shall include, but not be limited
to, scrap metal, two or more abandoned operable and/or unlicensed
motor vehicles, machinery, equipment, paper, glass, containers and
structures. It shall not include garbage kept in a proper container
for the purpose of prompt disposal.
Any person as hereinafter defined, who shall engage in the
business of selling, buying, salvaging and dealing in junk and who
maintains and operates a junkyard within Shrewsbury Township.
Any place where any junk as hereinafter defined is stored
or disposed of.
The permit granted to a person who stores or disposes of
junk as hereinbefore defined.
Any individual, partnership, association and corporation.
Shrewsbury Township, York County, Pennsylvania.
[Ord. 1969-1, 1/9/1969, § 4; as amended by Ord.
2008-02, 8/6/2008]
No person shall engage in business as a junk dealer in the Township
without first having obtained a license from the Supervisors, for
which license the fee shall be in an amount as established from time
to time by resolution of the Board of Supervisors. Such license shall
be renewed annually on or before the first day of January of each
year. In case where a junk dealer business shall be established in
the Township on or after the first day of July in any year, the license
fee payable by such junk dealer for the remainder of such year shall
be at 1/2 the yearly rate.
[Ord. 1969-1, 1/9/1969, § 5]
The license provided for in this Part shall be issued to persons
desiring to be licensed. The application form shall be provided by
the Board. The license shall state the name of person to whom such
license is issued, the premises on which the business is to be conducted
and the written consent of the property owners to use the property
as a junkyard. The applicant shall also submit a plot of the premises
to be used. Such license shall be posted conspicuously upon the premises
licensed.
[Ord. 1969-1, 1/9/1969, § 6]
Upon receipt of an application by the Board, the Board shall
issue a license or refuse to issue a license to the person applying
therefore after taking into consideration the effect of the proposed
use upon the Township, both economic and aesthetic. In the event the
Board shall issue a license, it may impose upon the person applying
therefore such conditions as may be deemed necessary to carry out
the intent and purpose of this Part.
[Ord. 1969-1, 1/9/1969, § 7]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Township for purpose
of dealing in junk. Nor shall any such persons engage in business
as a junk dealer in any place other than the place designated upon
his license.
[Ord. 1969-1, 1/9/1969, § 8]
No license issued by the Board shall be transferrable by a licensee to any other person unless such transfer is authorized by the Board. Any person desiring to transfer a license shall notify the Board in writing, which notification shall be accompanied by the transferee's application for license as described in § 10-205. In the event the Board approves a transfer of location or license, they may impose such conditions as may be deemed necessary to carry out the purpose and intent of this Part.
[Ord. 1969-1, 1/9/1969, § 9; as amended by Ord.
2008-02, 8/6/2008]
In event the Board shall approve transfer of license, the transferee
shall immediately pay to Township a transfer fee in an amount as established
from time to time by resolution of the Board of Supervisors.
[Ord. 1969-1, 1/9/1969, § 10; as amended by Ord.
2008-02, 8/6/2008]
Every person who stores junk in this Township shall constantly
maintain the premises in accordance with any special provision imposed
by the Board and in the manner prescribed by this Section and any
subsequent regulations adopted by the Board:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or 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 shall be stored on such premises.
C.
Whenever any motor vehicle shall be received on such premises as
junk, all gasoline shall be drained and removed therefrom.
D.
The premises on which junk is stored shall be set back a minimum
distance of 100 feet from the right-of-way lines on all streets or
roads and a minimum distance of 50 feet from all other property lines.
The area between the set back lines and the right-of-way line and
all streets and roads and all other property lines shall at all times
be kept.
E.
Any premises on which junk is stored shall at the setback lines be
enclosed by evergreen screen plantings or a uniformly painted solid
board fence, or both. The type of evergreen plantings and fencing
used and the way they are set out must be approved by the Board at
the time of the issuance of a license or at the time of renewal or
transfer of license.
F.
All junk shall be stored in such a manner and screened so as not
to be readily accessible or visible from the street or public road.
Junk shall not be stored above the height of the screen plantings
or fencing.
G.
All signs displayed on the licensed premises shall be approved by
the Board; but in no case shall the total area of any one sign exceed
four feet by eight feet.
H.
The manner of storage and arrangement of junk, and the drainage facilities
of the premises shall be such so as to prevent the accumulation of
stagnant water upon the premises and to facilitate access for firefighting
purposes.
[Ord. 1969-1, 1/9/1969, § 11]
Any person who has four abandoned and/or unlicensed motor vehicles
on his or her premises shall keep those abandoned and/or unlicensed
motor vehicles a minimum distance of 500 feet from the right-of-way
lines on all streets or roads and a minimum distance of 50 feet from
all other property lines, if this is possible. If this is not possible,
then the abandoned and/or unlicensed motor vehicle shall be kept at
the back side of the premises so far from all streets and roads as
possible, so as not to be visible from all streets and roads.
[Ord. 1969-1, 1/9/1969, § 12]
Each person subject to this Part shall have six months from
the time this Part becomes effective to comply with the provisions
of this Part.
[Ord. 1969-1, 1/9/1969, § 13]
Every person licensed under this Part shall provide and shall
constantly keep a book in which shall be fairly written down in the
English language at the time of the purchase of any junk, a description
of every article or material purchased or received by him, the date
and hour of such purchase and the person from whom such article or
material was purchased or received or handled by such person, and
the said book shall at all times be subject to the inspection of any
official of the Township.
[Ord. 1969-1, 1/9/1969, § 15]
Every person licensed under this Part 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 period of 48 hours shall have elapsed.
[Ord. 1969-1, 1/9/1969, § 14; as amended by Ord.
2008-02, 8/6/2008]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1969-1, 1/9/1969, § 15]
In addition to the remedies provided in § 10-215 above, any continued violation of this Part which shall constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
