[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.
[1]
Editor's Note: The current Fee Schedule is included at the front of this Code.
[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.