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.
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.