[Ord. 3, 5/7/1964, § 1]
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse, and shall not be limited to scrap
metal and scrapped motor vehicles, and shall not include any garbage
or other organic waste, or any paper, rubbish, rags or other flammable
material or article. There shall be a presumption that the presence
of three or more unlicensed motor vehicles, outdoors, on the same
property, shall constitute "junk" unless the owner shall show that
the vehicles are there for some other purpose.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk.
Any natural person, partnership, firm or corporation.
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In this Part the singular shall include the plural and the masculine
shall include the feminine and the neuter.
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[Ord. 3, 5/7/1964, § 2; as amended by Ord. 45, 8/7/1985, § 1; and by Ord. 125B, 9/16/2014]
No person shall engage in business as a junk dealer in the Township
of West Cocalico without first having obtained a license from the
Supervisors. The fee for the initial license shall be in an amount
as established, from time to time, by resolution of the Board of Supervisors,
for any junk dealer not already maintaining premises for the storage
of junk in West Cocalico Township. The fee for each renewal thereof,
and for any junk dealer presently maintaining premises for the storage
of junk in West Cocalico Township shall be in an amount as established,
from time to time, by resolution of the Board of Supervisors. Such
fee shall be for the use of the Township. Such license shall be renewed
annually on or before the first day of January of each year; provided,
in any case where a junk dealer's 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 one-half the yearly rate.
[Ord. 3, 5/7/1964, § 3]
The license provided for in § 13-102 of this Part shall be issued by the Supervisors after application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder. The name of the licensed junk dealer and the number of the license under which he operates shall be placed in a conspicuous place on the outside of every vehicle used for business purposes by such dealer.
[Ord. 3, 5/7/1964, § 4]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Township of West Cocalico
for the purpose of buying, selling and dealing in junk. Nor shall
any such person engage in business as a junk dealer in any place other
than the place designated upon his license. Nor shall any person,
or any other person, operate upon any of the roads and streets of
the Township, whether from a vehicle or upon foot, as a scavenger
or an itinerant buyer or seller of junk.
[Ord. 3, 5/7/1964, § 5; as amended by Ord. 125B, 9/16/2014]
No license issued under this Part shall be transferable from
one person to another person except when the ownership of a licensed
premises shall change. In any such case the new owner shall apply
for a transfer of such license to him and shall pay a transfer fee
in an amount as established, from time to time, by resolution of the
Board of Supervisors.
[Ord. 3, 5/7/1964, § 6]
Every junk dealer shall provide and shall constantly keep a
book in which shall be clearly written 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 or receipt, and the person from whom such article or material
was purchased or received. Such book and all junk purchased, received
or handled by any such junk dealer shall at all times be subject to
the inspection of the State Police and any official of the Township
of West Cocalico.
[Ord. 3, 5/7/1964, § 7]
Every junk dealer, 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, with the exception of automobiles scrapped with proper certificate
of title.
[Ord. 3, 5/7/1964, § 8]
1.
Every junk dealer licensed under this Part shall constantly maintain
the licensed premises in the manner prescribed by this section, as
follows:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a 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, and no paper, rubbish, rags or
other flammable articles or materials shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above
ground in said junkyard provided the same be placed in appropriate
containers. All other gasoline which is kept in the premises shall
be stored underground, which underground storage must be approved
by the Board.
D.
The manner of storage and arrangement of junk, and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water upon the premises, and to facilitate access for firefighting
purposes.
E.
Such premises shall not be open for business nor shall any work be
done therein in connection with the storage, processing and transporting
on the first day of the week, commonly called Sunday, or on any other
day of the week before 7:00 a.m. or after 9:00 p.m., with the exception
that emergency calls due to highway accidents might be serviced at
anytime.
F.
Junk shall not be stored within 40 feet of any public street or highway
nor within 10 feet of any adjoining property line.
G.
When the Board of Supervisors shall deem it necessary and desirable,
the premises to be licensed shall, at the boundary lines be enclosed
by a fence of type and style to be determined by the Board or by evergreen
screen plantings or both. The Board may set forth the fence and planting
requirements at the time of the issuance of a license or at the time
of renewal or transfer of a license.
[Ord. 3, 5/7/1964, § 9; as amended by Ord. 125B, 9/16/2014]
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. 3, 5/7/1964, § 10]
In addition to the remedies provided in § 13-109 above, any continued violations of this Part which shall constitute a nuisance in fact, or which shall in the opinion of the Board constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
