[Ord. 71-1966, 6/13/1966, § 1]
The following words and phrases shall be construed throughout
this Part to have the meanings herein indicated:
The Board of Supervisors of Spring Township, Centre County,
Pennsylvania.
Any discharged material or article and shall include, but
not be limited to, abandoned, junked or scrapped motor vehicles (not
bearing a current registration), machinery, equipment, paper, containers
and structures, scrap metal and other waste material, but shall not
include garbage or refuse kept by a person on his own property in
a proper container for the purpose of immediate disposal.
Any person as defined hereinafter who shall engage in the
business of buying, selling, dealing and salvaging in junk and who
maintains and operates a junkyard within the Township of Spring.
Any place where any junk as hereinafter defined is stored,
disposed of or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Includes a natural person, association, partnership, firm
or corporation. The singular shall include the plural and the masculine
shall include the feminine and the neuter.
Spring Township, Centre County, Pennsylvania.
[Ord. 71-1966, 6/13/1966, § 2]
This Part may be cited and shall be known as the "Spring Township
Junkyard and Junk Dealers Ordinance."
[Ord. 71-1966, 6/13/1966, § 3; as amended by Ord.
09-00, 10/2/2000]
From and after the effective day of this Part, no person shall
maintain a junkyard or engage in the business as a junk dealer in
the Township without first having obtained a license from the Board,
for which license a fee in an amount as established, from time to
time, by resolution of the Board of Supervisors shall be paid to the
Township for the use of the Township. The license shall be issued
for the twelve-month period beginning January 1 and ending December
31, and such license shall be renewed annually or before January 1
of each year.
[Ord. 71-1966, 6/13/1966, § 4]
Any person desiring to engage in the business of a junk dealer
or maintain a junkyard shall make application to the Secretary of
the Board on a written application form, which application form shall
be secured from the Secretary of the Board. The written application
for license shall be signed by the applicant, shall be accompanied
by the license fee hereinafter provided for and shall be accompanied
with a plot or a survey of the premises desired to be used or then
in use by the applicant in connection with such license, which said
survey shall show the location of the premises to be used with reference
to public roads and any buildings, either public or private; such
plot shall also include a topographic survey showing the drainage
of the area which the applicant desires to use in connection with
the license.
[Ord. 71-1966, 6/13/1966, § 5; as amended by Ord.
09-00, 10/2/2000]
The license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be in
an amount as established by resolution of the Board of Supervisors.
[Ord. 71-1966, 6/13/1966, § 6]
Upon receipt of an application for a license by the Board, the
Board shall review the application and shall issue a license or refuse
to issue the same after due examination of the application and taking
into consideration the suitability of the property proposed to be
used by the licensee, the character of the adjunct properties and
what effect the proposed use by the licensee would have upon the health,
welfare, economic and aesthetic value of the Township. In the event
the Board determines to issue the license, it may impose upon the
license such terms and conditions, in addition to the regulations
herein contained and any other regulations adopted pursuant to this
Part, as may be necessary to carry out the intent of this Part. The
license, when issued, shall state the name of the person to whom the
license is issued, shall describe the premises on which the business
is to be conducted or the junkyard maintained, and such license shall
be conspicuously posted upon the license premises by the licensee.
Such license shall be limited to the place of business indicated on
the license and no person licensed under this Part shall keep or maintain
more than one place of business within the Township and no person,
after having secured a license, shall engage in business as a junk
dealer in any other place in the Township other than that designated
upon his license.
[Ord. 71-1966, 6/13/1966, § 7]
Any license issued by the Board shall not be transferable by the licensee to any other person. In the event the licensee discontinues business, the license shall be promptly surrendered to the Board, and any new owner desiring to conduct the business shall make application for new license in accordance with § 13-304 of this Part.
[Ord. 71-1966, 6/13/1966, § 8]
Every licensee who shall secure a license under the provisions
of this Part shall keep an accurate record in a book which shall be
open to inspection at any time by the officials of the Township which
records shall disclose a description of every article or material
purchased or received by the licensee, the date and hour of such purpose
or receipt, the person from whom the article or junk material was
purchased, which records shall be kept for a period of two years after
each license year. These records shall be written in the English language
and shall be, at all times, open to and subject to the inspection
few any official of the Township.
[Ord. 71-1966, 6/13/1966, § 9]
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 after the original form, shape or
condition until such period of 48 hours shall have elapsed.
[Ord. 71-1966, 6/13/1966, § 10]
1.
In order to carry out the intent and purposes of the Second Class
Township Code and the provisions of this Part, the Supervisors hereby
adopted the following regulations, which regulations every person
licensed under this Part shall comply with and shall maintain a copy
on the licensed premises; and the Supervisors shall have the power
to pass subsequent regulations which shall become part of the regulations
adopted by this Board.
A.
The premises to be licensed shall be setback a minimum distance of
25 feet from the right-of-way lines on all streets or roads and a
minimum distance of 25 feet from all other property lines. The area
between the setback line and the right-of-way in all streets and roads
and all other property lines shall be at all times kept clear and
vacant.
B.
The premises licensed for a junkyard under the terms of this Part
shall at all times be kept and maintained so as not to constitute
a nuisance or a menace to the health of the community or of the residents
who lie nearby or a place for the breeding and housing of vermin,
rodents and other animals.
C.
The junk stored and arranged on the licensed premises and the drainage
facilities of the premises shall be so arranged to as to prevent at
all times the accumulation of stagnant water upon the licensed premises.
D.
No rubbish, ashes, garbage, refuse or other organic waste shall be
stored upon any licensed premises.
E.
All junk kept, stored or arranged on the licensed premises shall
be so kept, stored and arranged so as to provide access for firefighting
purposes.
F.
Any motor vehicles which shall be received on the licensed premises
for storage as junk, the licensee shall drain all gasoline and oil
therefrom immediately after receiving the same. Gasoline in excess
of 10 gallons may not be stored above the ground but shall be stored
only in underground storage, which underground storage must be approved
by the Board.
G.
No material, grease, tires, gasoline, oil or other dangerous materials
shall be burned within the junkyard at any time which might tend to
produce obnoxious or harmful smoke or odors. Motor vehicles may be
burned providing not more than one is burned at a time and providing
that the licensee or one of his employees is in attendance and control
of the burning vehicle at all times.
H.
The Board reserves the right to prescribe that any premises to be
licensed shall be enclosed by a fence in order to maintain the economic
and aesthetic value of the Township. The board shall prescribe in
the license the type and height of the fence which shall be erected
by the licensee before the premises are used as a junkyard.
I.
No premises shall be licensed if they are located adjacent to build
up areas or other housing areas so that the conduct of a junkyard
would interfere with the health, sanitation and economic use of the
premises.
[Ord. 71-1966, 6/13/1966, § 11]
In the event any licensee violates any of the terms and provisions
of this Part, or any of the regulations prescribed by virtue of said
Part, or any of the terms and conditions of his license, the Board
shall have the right to revoke said license and upon the revocation
of the same, the licensee shall no longer be permitted to conduct
the business under the terms of said license.
[Ord. 71-1966, 6/13/1966, § 12; as amended by Ord.
118-1968, 10/7/1968, § 1; and by Ord. 09-00, 10/2/2000]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof in an action brought before
a district justice 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. 71-1966, 6/13/1966, § 13]
In addition to the other remedies provided in this Part, the
Board shall have the power to institute proceedings in a court of
equity to enjoin any continued violation of this Part which shall
constitute a nuisance, and the Board shall determine if such violation
constitutes a nuisance and, in the event it does, such nuisance may
be abated by proceedings against the violator in the court of equity
for relief.
