[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 9-12-1990 by Ord. No. 90:09. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 131.
Garbage, rubbish and refuse — See Ch. 147.
Land use and development — See Ch. 162.
Recycling — See Ch. 201.
No junkyard; motor vehicle junkyard; salvage yard; used building material junkyard; used rags, glass, paper and scrap metal junkyard; recycling center; or other similar use shall be operated without obtaining an annual license therefor from the Borough of Somerdale in the amount as set forth in the current Fee Ordinance for such license, nor shall such activity be operated other than in a permitted zone of the Borough of Somerdale, nor shall such activity be operated unless meeting the following conditions:
A. 
No motor vehicles or junk shall be stored or dismantled within 50 feet of any dwelling house except such dwelling house as may be situated on the licensed premises.
B. 
Burning of junk or refuse material is prohibited.
C. 
Precaution shall be taken by each owner or operator hereunder to safeguard all flammable, combustible or explosive materials from fire, and no owner or operator shall stack, pile, place or store junk upon the licensed premises in such a manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.
D. 
No junk shall be stacked, piled, placed or stored nearer than 50 feet to the edge of the right-of-way of any public road.
E. 
No junk shall be so stacked, piled or otherwise placed within 10 feet of the side line of the licensed premises.
A. 
All yards or places where such businesses are or shall be conducted or where such materials are to be stored or kept shall have the following type of fence installed:
(1) 
The fence posts must be made of steel pipe of at least 1 1/2 inches in diameter or a steel material of the equivalent strength of one-and-one-half-inch steel pipe.
(2) 
Fence posts must be set in cement at no more than 25 feet apart.
(3) 
The fence must be made of steel wire of not less than 10-gauge in strength and must be no larger than four by four inches in mesh size.
(4) 
The fence shall be at least six feet high.
(5) 
The fence shall parallel the property line which adjoins the primary road used for entering or leaving the business establishment.
(6) 
Clinging ivy-type vines or plants are to be planted along the outside of the fence in such a manner that said vines will eventually cover the fence.
B. 
The fence must be installed within 60 days of the passage of the approval of the application, unless an application is made to the Zoning Board of Adjustment for an extension of time based upon weather conditions.
All goods, articles, merchandise or motor vehicles must be stored and kept within the enclosed fence above-described and not upon the sidewalk, street or any part thereof, and no material shall be piled or placed so as to be visible above said fence.
[Amended 8-9-2023 by Ord. No. 2023:08]
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following:
(1) 
A fine of not less than $100 nor more than $1,000;
(2) 
A term of imprisonment not exceeding 90 days;
(3) 
A period of community service not exceeding 90 days.
B. 
Each violation of a section or subsection of this code shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this code. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
C. 
Where an owner, operator or occupant has been convicted of a violation of this code and, within 12 months thereafter, has been found by the Judge of the Municipal Court to be guilty of a second violation, the court may, if it finds that the second offense was willful and inexcusable, sentence the offender.
D. 
Where the defendant is other than a natural person or persons, Subsections B and C shall also apply to any agent, superintendent, officer, member or partner who shall, alone or with others, have charge, care or control of the premises.
E. 
In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the Borough required to be registered for violation of any Borough ordinance or any state law applicable to the Borough, the fine or penalty shall be collectible as a lien against the premises, in addition to any other remedies now provided by law.