[Ord. 7, 3/7/1961, § 1]
1.
JUNK
JUNK DEALER
PERSON
As used in this Part, the following terms shall have the meanings
indicated:
Discarded material or articles such as are not ordinarily
disposed of as rubbish or refuse, and shall include but not be limited
to scrap metal and scrap motor vehicles, and shall not include any
garbage or other organic waste or any paper, rubbish, rags, or other
inflammable article or material.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying and dealing in junk; or who stores five
or more motor vehicles on his land for the purpose of selling used
parts therefrom or otherwise disposing of same.
Any natural person, partnership, firm or corporation.
2.
In this Part, the singular shall include the plural, and the masculine
shall include the feminine and neuter.
[Ord. 7, 3/7/1961, § 2; as amended by Ord. 192,
4/18/2000]
No person shall engage in business as a junk dealer in the Township
of East Rockhill without first having obtained a license from the
Township Supervisors, for which the license fee shall be in an amount
as established, from time to time, by resolution of the Township Supervisors
for each and every calendar year, such fee to be for the use of the
Township. Such license shall be renewed annually on or before January
1 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 the year, the license fee payable by such junk dealer
for the remainder of such year shall be 1/2 of the yearly rate.
[Ord. 7, 3/17/1961, § 3]
The license provided for in § 13-302 of this Part shall be issued by the Board of Supervisors after application shall have been made therefor by the person desiring to be licensed. The application shall be on a form prescribed by the Board of Supervisors. The 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. The 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. 7, 3/7/1961, § 4]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Township 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 on his license; nor shall any such person, or any other
person, operate upon any of the streets or roads of the Township,
whether from a vehicle or on foot, as a scavenger or itinerant buyer
or seller of junk.
[Ord. 7, 3/7/1961, § 5; as amended by Ord. 192,
4/18/2000]
No license issued under this Part shall be transferable from
one person to another, except when the ownership of a licensed premises
shall change; in any such case, the new owner shall apply for a transfer
of the 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. 7, 3/7/1961, § 6]
Every junk dealer licensed under this Part shall keep and maintain
upon the licensed premises for a period of 48 hours after the purchase
or receipt thereof all junk purchased or received 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.
[Ord. 7, 3/7/1961, § 7]
1.
Every junk dealer licensed under this Part shall constantly maintain
the licensed premises in a manner prescribed by this section as follows:
A.
Such premises at all times shall be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or as a place for the breeding or rodents or vermin.
B.
No garbage or other organic waste and no paper, rubbish, rags or
other flammable materials shall be stored in such premises.
C.
No trash, rubbish or other flammable articles or materials shall
be burned on such premises.
D.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom,
and none shall be permitted to remain upon the premises.
E.
No junkyard licensed under this Part shall exceed three acres in
size.
F.
Any junk stored by a person licensed under this Part shall be stored
at least 100 feet from the right-of-way of any street, road or highway
in the Township and at least 25 feet from all other boundary lines
of the property.
G.
The manner of storage and arrangement of junk shall be such as to
facilitate access for firefighting purposes.
H.
The premises licensed under this Part shall be graded so as to facilitate
the drainage of water and to prevent the accumulation of stagnant
water upon the premises.
I.
All grass and weeds shall be kept trimmed to a height of not more
than three inches.
J.
Any premises licensed under this Part shall not be open for business
nor shall any work be done therein in connection with the storage,
processing and transporting or removal of junk at any time on Sundays
or on any other day of the week before 7:00 a.m. and after 6:00 p.m.
[Ord. 7, 3/7/1961, § 8]
The premises licensed under this Part shall at all times be
covered by public liability insurance for personal injuries and property
damage. The minimum extent of such coverage shall be $10,000 for each
person injured and/or each item of property damaged. A copy of such
insurance policy shall be delivered to the Board of Supervisors at
the time of its issuance or renewal.
[Ord. 7, 3/7/1961, § 9]
The Board of Supervisors may, in its discretion, revoke or suspend
any license issued by the authority of this Part for violations of
the provisions hereof, without liability to reimburse the holder of
such license for all or any of the license fee for the unexpired portion
of the term or for the period of suspension. The powers granted by
this section shall be in addition to and supplementary of the remaining
enforcement provisions as hereafter provided.
[Ord. 7, 3/7/1961, § 10; as amended by Ord. 192,
4/18/2000]
Any person, firm or corporation who shall violate any provision
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. 7, 3/17/1961, § 11; as amended by Ord. 192,
4/18/2000]
1.
A majority of the Board of Supervisors may, upon the complaint of
any person or on their own motion, investigate conditions on any property
used for the storage of junk, whether or not such premises is licensed
under this Part. If the majority of Supervisors, after such investigation,
shall determine that the conditions on such premises constitute a
nuisance injurious to the health, safety or morals of the Township,
the Board of Supervisors shall have the following options:
A.
Give notice to the owner to voluntarily abate the nuisance within
a period of not less than 48 hours nor in excess of five days, failing
which the Township, or its nominee, may enter upon the premises and
correct the conditions found thereon. The cost of removal shall be
borne by the owner of the premises and may be collected by way of
summary proceedings brought in the name of the Township.
B.
Any person charged with maintaining a nuisance under this section,
upon conviction thereof in an action brought before a District Justice
in the manner provided for the enforcement of summary offense 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.
C.
The Board of Supervisors may institute an action in equity in a court
of competent jurisdiction to cause the owner of the premises to abate
such a nuisance.
2.
The remedies available to the Township under this section are declared
to be cumulative in nature and not exclusive of each other.
