[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985; as amended by Ord. 2-2002, 6/17/2002, § VI]
1. As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
FARM MACHINERY
All types of machinery and equipment which were originally
manufactured for farm use, which are retained on farm properties,
either as operable equipment or for the purpose of salvaging repair
parts.
JUNK
Any discarded or salvageable article or material, including
but not limited to, scrap, metal, paper, rags, glass, containers,
scrap wood, refrigerators, stoves, appliances, furniture, motor vehicles,
trailers, machinery and equipment, with the exception of farm machinery
and mobile homes or house trailers which are occupied or properly
placed and planned for occupancy.
JUNK DEALER
Any person who buys, sells, salvages, stores, or in any way
deals in junk; or owns, leases, operates or maintains a junkyard within
the municipality.
JUNKYARD
Any place where junk as herein defined is stored or accumulated.
Any premises as herein defined having two or more unlicensed motor
vehicles and/or unlicensed' trailers thereon shall be deemed to be
a junkyard, except that the foregoing shall not apply to duly licensed
automobile dealers having operable vehicles on their premises for
resale.
MOTOR VEHICLE
All types of automobiles, trucks and tractors, including
self-propelled machinery of all kinds with the exception of farm machinery.
PERSON
Any natural person, partnership firm, company, corporation
or other legal entity.
PREMISES
Any parcel of land situated in the Township of North Lebanon
separate tax map parcel number for county assessment purposes.
SOLID WASTE
Any waste, including but not limited to, municipal, residual
or hazardous wastes including solid, liquid, semisolid or contained
gaseous material.
TRAILER
Any wheeled vehicles not self-propelled, drawn by a motor
vehicle.
2. In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985; as amended by Ord. 1-1997, 1/20/1997, § XI; by
Ord. 1-1999, 8/16/1999, § VII; and by Ord. 2-2002, 6/17/2002,
§ VI]
1. No person may be a junk dealer as herein defined within the municipality
without first obtaining a license to operate as herein described.
No person may own or possess junk, as defined herein, on any real
estate located outside any building.
A. Any person desiring to be a licensed junk dealer in the Township
of North Lebanon shall first make written application to the Board
of Supervisors. Such application shall be in the form established
by the Board of Supervisors 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 Lebanon County tax map
parcel number(s), and 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 of Supervisors may require.
B. An application for license under this Part shall be examined by the
Board of Supervisors or duly authorized agent thereof and license
issued or refused within 60 days of submission to the Board of Supervisors.
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. When the application is found
in compliance with the provisions herein given, the Board of Supervisors
or its agent shall issue a license to the junk dealer applicant for
operation of the junkyard as described in the application.
C. The license fee shall consist of two parts: the application fee which
is not returnable in case of refusal of license and the annual license
fee. All fees are due, payable to and for the use of the Township,
at time of application and shall be in such amounts as established,
from time to time, by resolution of the Board of Supervisors. The
Board of Supervisors or its agent may waive the application fee when
issuing renewed licenses. The period of any license issued under this
Part shall be for the fiscal year or portion thereof commencing on
July 1 and ending on June 30 of each year.
D. Applications for licenses shall be filed with the Township on or
before May 1 of each year in which it is desired to continue operations
under this Part. Licenses shall be issued by the Township to those
applicants that meet the requirements within 60 days of May 1 of each
year. Such application for renewal must be in writing, in such form
as may be required by the Board of Supervisors and accompanied by
the license fee. Renewal applications are subject to complete re-examination
and consideration by the Board of Supervisors or its agents for continued
compliance with the terms of this Part.
E. No person licensed under this Part shall, by virtue of one license,
operate more than one business or junkyard within the municipality.
No person shall engage in business or operate a junkyard at any place
other than the place designated by his license. Licenses are nontransferable,
both as to junk dealer and junkyard premises.
F. Nothing in this Part shall be construed to abrogate the Zoning Ordinance.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
1. The license under which the junkyard is operated shall at all times
be conspicuously posted on the licensed premises, and the operating
requirements as herein provided shall be complied with.
A. 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. Such records shall be open to inspection
at all reasonable times by the Board of Supervisors or its agent,
and by any law enforcement officer.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985; as amended by Ord. 1-1997, 1/20/1997, § XI; and
by Ord. 1-2001, 2/19/2001, § VI]
1. All junk in junkyards licensed under this Part shall be stored as
herein provided:
A. All junk shall be set back at least 40 feet from any adjoining premises
and at least 60 feet from the nearest right-of-way of any public street,
road or highway. If approved by the Township, as a nonconforming use,
all junk shall be stored five feet back from the fence. The area and
the fence shall be maintained and shall be free of weeds and growth.
B. All junk shall be stored and arranged so as to permit access by fire-fighting
equipment. Junked motor vehicles shall be spaced in rows with at least
15 feet between double rows; other junk shall be stored in piles or
tiers which shall be separated by aisles or cleared areas of no less
than 10 feet.
C. Junk shall be arranged so as to prevent the accumulation of stagnant
water, and shall be stacked to a height of not more than six feet
from the ground.
D. All gasoline and oil shall be drained from junked motor vehicles
within 12 hours of arrival on the premises. The only exception shall
be those motor vehicles containing engines which are to be offered
for sale and which are operable at the time of the receipt of the
vehicle or the engine at the premises. If the engine is not sold within
six months of the date of the arrival of the engine on the junkyard
premises, the gasoline and oil shall be removed from the engine at
that time. Such gasoline and oil shall be stored at only one location
on the premises and not more than 100 gallons in aggregate may be
stored above ground in proper and clearly marked containers.
E. Paper, rags, plastics and similar materials for salvage shall be
stored indoors.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
Paper, rags, plastic and similar materials for salvage shall
not be accumulated or remain on the junkyard premises for more than
60 days. Materials separated as solid waste shall not be accumulated
for more than 30 days.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985; and by Ord. No. 1-2022, 1/17/2022]
Motor vehicles, gasoline, grease, oil, tires, or similar materials
which could be dangerous or tend to produce noxious smoke or odors
shall not be burned at any time on junkyard premises.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
Garbage, organic waste, or plain solid waste shall not be received
or stored in any junkyard. Materials designated as solid waste may
be received only as mixed with salvageable materials and shall be
promptly disposed of as herein provided.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
1. Every junk dealer licensed under this Part, shall enclose and maintain
his junkyard as herein provided:
A. Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of §
13-204, Subsection
1A, shall be six to eight feet in height, and shall be of wood or wire with maximum linear openings of three inches. Entrance gates shall be of similar material, 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.
B. Junkyard premises which have open-wire 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.
C. The area inside the fence and lot lines of any junkyard premises
shall have weeds mowed regularly and not permitted to go to seed.
D. All junkyard premises shall be maintained in such manner so as not
to cause a public or private nuisance. Nor shall they cause any menace
to the health or safety of persons off the premises. Nor shall they
cause any excessive or offensive or noxious odors or sounds. Nor shall
they cause the breeding, harboring or infesting of rats, rodents or
vermin. Nor shall they be in violation of any health or sanitation
law or ordinance or regulation of any governmental body.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
1. Every junk dealer and junkyard licensed under this Part is subject
to inspection and regulation as herein provided:
A. Any member of the Board of Supervisors or the agent of the Board
may at any reasonable time enter upon the premises currently licensed
or for which a license application is pending.
B. The Board of Supervisors may from time to time pursuant to resolution
adopt regulations to carry out the provisions of this Part, upon giving
notice to licensees affected by such regulations.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
The Board of Supervisors may waive the setback requirements as established by §
13-204, Subsection
1A, and the planting requirements as established by §
13-208, Subsection
1B, for those junkyards in existence at the time of the enactment of this Part, if such junkyard is in compliance with the other requirements as provided by this Part, and if, in the Board of Supervisor's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
Junk dealers and junkyards operating and existing in the Township
on the effective date of this Part shall be required to comply with
the provisions of and obtain a license under this Part within six
months from the effective date.
However, an extension of the time allotted in complying with
the terms of this Part may be granted at the discretion of the Board
of Supervisors. Such extension shall be for good reason, and shall
not exceed six months.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985; and amended by Ord. 1-1997, 1/20/1997, § V; and
by Ord. 1-2001, 2/19/2001, § VI]
Any person who violates or permits a violation of this provision
of the Code of Ordinances of North Lebanon Township shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $1,000 and/or be imprisoned for a period not exceeding 90 days.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist.
[Ord. 0-12-13-65, 12/13/1965; as revised by Ord. 6/3/85,
6/3/1985]
The Board of Supervisors may take any appropriate action at
law or 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.