[Ord. 1967-9, 9/11/1967, § 101]
This Part shall be known as the "Lower Swatara Township Junkyard
Ordinance."
[Ord. 1967-9, 9/11/1967, § 201]
The following words and phrases as used in this Part shall have
meanings ascribed thereto unless the context clearly indicates a different
meaning:
The Board of Commissioners of Lower Swatara Township, Dauphin
County, Pennsylvania.
All types of farm machinery and equipment, but limited to
machinery and equipment which was originally manufactured for farm
uses, which is retained on farmed properties either as operable equipment
or for the purpose of salvaging repair parts.
Any discarded or salvageable article or material including,
but not limited to: scrap metal, paper, rags, glass, containers, structures,
junked motor vehicles and trailers, machinery and equipment, with
the exception of farm machinery and mobile home house trailers which
are occupied or are properly placed and planned for occupancy.
Any person who buys, sells, salvages, stores or, in any way,
deals in junk or owns, leases, operates or maintains a junkyard within
the Township.
All types of automobiles, trucks, tractors and self-propelled
machinery of all kinds, except farm machinery, for which no motor
vehicle registration plate and/or annual plate renewal tab has been
issued for a twelve-month period following the expiration date of
the place and/or tab previously issued to such vehicle and such vehicle
is inoperable and/or not being held for resale in its entirety.
Any place where junk, as defined herein, is stored or accumulated.
Any premises as herein defined having two or more unlicensed motor
vehicles and/or trailers thereon, not being held exclusively for resale
in their entirety, shall be deemed to be a junkyard.
Any natural person, partnership, firm, company, corporation
or other legal entity including singular and plural, male and female.
Any parcel of land situated in Lower Swatara Township, Dauphin
County, Pennsylvania, having a separate Tax Map parcel number for
county assessment purposes.
The Township of Lower Swatara, Dauphin County, Pennsylvania.
Any wheeled vehicle, not self-propelled, drawn by a motor
vehicle.
[Ord. 1967-9, 9/11/1967, § 301]
No person may be a junk dealer as herein defined within the
Township without first obtaining a license to operate as herein described.
[Ord. 1967-9, 9/11/1967, § 302]
Any person desiring to be licensed as a junk dealer in the Township
shall first make written application to the Board. Such application
shall be in the form established by the Board, and shall set forth
the applicant's name and address; include an accurate description
of the premises on which the junkyard is to be located, including
the Dauphin County Tax Map parcel number(s); include a statement that
the applicant will comply with this Part and any regulations adopted
pursuant to this Part and such other information as the Board may
require.
[Ord. 1967-9, 9/11/1967, § 303]
An application for license under this Part shall be examined
by the Board or duly authorized agent thereof and license issued or
refused within 60 days of submission to the Board. Examination of
the application shall include consideration of the suitability of
the property proposed to be used for the purpose of the license, the
character of nearby properties and the effect of the proposed use
upon the Township. The Township Planning Commission may be required
by the Board or its agent to perform an application and site review
and render its recommendation regarding the application and conditions
in addition to those herein contained and adopted pursuant to this
Part may be imposed as the Board may deem necessary to carry out the
spirit and intent of this Part. When the application is found in compliance
with the provision herein given, the Board or its agent shall issue
a license to the junk dealer applicant for operation of the junkyard
as described in the application.
[Ord. 1967-9, 9/11/1967, § 304; as amended by Ord.
448, 11/15/2000]
The license fee shall consist of two parts: the application
shall be in an amount as established from time to time by resolution
of the Board of Commissioners and is not returnable in case of refusal
of license; the annual license fee shall also be in an amount as established
from time to time by resolution of the Board of Commissioners. All
fees are due, payable to and for the use of the Township at the time
of application. The Board or its agent may waive the application fee
when issuing renewed licenses. The period of any license issued under
this Part shall be for one calendar year or portion thereof and shall
terminate on December 31 of the year in which issued.
[Ord. 1967-9, 9/11/1967, § 305]
Licenses issued under this Part are required to be renewed on
or before January 1 of the year in which it is desired to continue
operations. Such application for renewal must be in writing, in such
form as may be required by the Board, and accompanied by the license
fee. Renewal applications are subject to complete reexamination and
consideration by the Board or its agent for continued compliance with
the terms of this Part.
[Ord. 1967-9, 9/11/1967, § 306]
1.
No person under this Part shall, by virtue of one license, operate
more than one business or junkyard within the Township.
2.
No person shall engage in business nor operate a junkyard at any
place other than designated by his license.
3.
No person shall operate upon the streets, roads or highways of the
Township, whether from a vehicle or on foot, as a scavenger or itinerant
buyer or seller of junk.
4.
Licenses are not transferable, both as to junk dealer and junkyard
premises.
5.
The permitted size of a junkyard shall be fixed at the time of license
issuance, with due regard for the existing and proposed uses of the
surrounding properties, and shall not be in excess of one acre, excluding
setback areas.
[Ord. 1967-9, 9/11/1967, § 401]
The license under which the junkyard is operated shall at all
times be conspicuously posted on the licensed premises.
[Ord. 1967-9, 9/11/1967, § 402; as amended by Ord.
448, 11/15/2000; and at time of adoption of Code (see Ch. AO)]
Permanent records of all junk received in or removed from any
junkyard shall be kept by the junk dealer on the premises, containing
the name and address from whom received or to whom delivered, the
date thereof and a description of the junk. For junked motor vehicles,
the record must include the serial number of the vehicle in the description
of the junk and a certificate of salvage. Such records shall be open
to inspection at all reasonable times by the Board or its agent and
to any law enforcement officer.
[Ord. 1967-9, 9/11/1967, § 403]
All junk purchased by the junk dealer or received in the junkyard
shall be placed in temporary storage for a minimum of 48 hours. During
this time it may not be reduced or altered from its original form,
shape or condition except as hereinafter provided.
[Ord. 1967-9, 9/11/1967, § 404]
Junkyards or businesses licensed under this Part may not operate
on Sunday, nor between the hours of 8:00 p.m. and 7:00 a.m., except
to remove any wrecked automobile from any public highway.
[Ord. 1967-9, 9/11/1967, § 405]
Junkyards shall have an adult attendant for business purposes
on the premises at all times during business hours.
[Ord. 1967-9, 9/11/1967, § 406]
All junk in a junkyard licensed under this Part shall be stored
as herein provided.
A.
Setback. All junk shall be set back at least 15 feet from any adjoining
premises and at least 30 feet from nearest right-of-way of any public
street, road or highway.
B.
Access. All junk shall be stored and arranged so as to permit access
by firefighting equipment. Junked motor vehicles shall be spaced in
rows with at least 15 feet between double rows.
C.
Arrangement and Stacking. Junk shall be arranged so as to prevent
the accumulation of stagnant water and shall be stacked to a height
of not more than 10 feet from the ground.
D.
Gasoline and Oil. All gasoline and oil shall be drained from junked
motor vehicles within 12 hours of arrival on premises. Such gasoline
and oil shall be stored at only one location on the premises and not
more than 100 gallons in the aggregate, in proper containers, may
be stored above ground.
E.
Interior Storage Required. Papers, rags, plastics and similar materials
for salvage shall be stored indoors.
[Ord. 1967-9, 9/11/1967, § 407]
Papers, rags, plastics and similar materials for salvage shall
not be accumulated or remain on the junkyard premises for more than
60 days. Materials separated as rubbish may not be accumulated for
more than 30 days.
[Ord. 1967-9, 9/11/1967, § 408]
Not more than one motor vehicle or its equivalent may be burned
at any one time. Gasoline, grease, oil, tires or similar material
which might be dangerous or tend to produce obnoxious smoke or odors
shall not be burned at any time. Any and all burning or melting on
a junkyard premises shall be properly attended and controlled at all
times.
[Ord. 1967-9, 9/11/1967, § 409]
Garbage, organic waste or plain rubbish shall not be received
or stored in any junkyard. Materials designated as rubbish may be
received only mixed with salvageable materials and shall be promptly
disposed of as herein provided.
[Ord. 1967-9, 9/11/1967, § 501]
Every junk dealer licensed under this Part shall enclose and
maintain his junkyard premises as herein provided.
[Ord. 1967-9, 9/11/1967, § 502]
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provision of § 13-214A of this Part, shall be six feet to eight feet in height and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar materials, well constructed and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
[Ord. 1967-9, 9/11/1967, § 503]
Junkyard premises which have fence enclosures visible from an
abutting public thoroughfare or from an abutting residential property
within 500 feet of the fence shall have a landscaped screen of trees
and/or shrubs of varieties capable of attaining a continuous height
of six feet within two years, planted along such fence or section
of fence. All required open areas between fence and lot lines of the
premises shall be maintained continuously in good order, free of weeds
and scrub growth.
[Ord. 1967-9, 9/11/1967, § 504]
The area inside the fence and lot lines of any junkyard premises
shall have weeds mowed regularly and not permitted to go to seed.
[Ord. 1967-9, 9/11/1967, § 505]
1.
All junkyard premises shall be maintained in such manner as to cause
no public or private nuisance.
2.
Nor shall they cause any menace to the health or safety of persons
off the premises.
3.
Nor shall they cause any excessive or offensive odors or sounds.
4.
Nor shall they cause the breeding, harboring or infesting of rats,
rodents or vermin.
5.
Nor shall they be in violation of any health or sanitation law or
ordinance or regulation of any governmental body.
[Ord. 1967-9, 9/11/1967, § 601]
Every junk dealer and junkyard licensed under this Part is subject
to inspection and regulation as herein provided.
[Ord. 1967-9, 9/11/1967, § 602]
Any member of the Board or the agent of the Board may at any
reasonable time enter upon any premises currently licensed or for
which a license application is pending.
[Ord. 1967-9, 9/11/1967, § 603]
The Board may from time to time adopt regulations to carry out
the provisions of this Part upon giving notice to the licensee affected
by such regulations.
[Ord. 1967-9, 9/11/1967, § 601; as amended by Ord.
1982-3, 2/10/1982; by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $300 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 1967-9, 9/11/1967, § 701]
The Board or any person may take any appropriate action at law
or in equity, civil or criminal, to enforce the provisions of this
Part, and this Part shall in no way restrict any remedies otherwise
provided by law.
[Ord. 1967-9, 9/11/1967, § 902]
Junk dealers and junkyards operating and existing in the Township
on the effective date of this Part shall be required to comply with
the provision of and obtain a license under this Part within six months
from the effective date; however, an extension of the time allotted
for complying with the terms of this Part may be granted at the discretion
of the Board. Such extension shall be for good reason and shall not
exceed six months.
