[Ord. 2-1979, 11/20/1979, § 1]
This Part shall be known and may be cited as "The Hunlock Township
Junk Dealer Ordinance of 1979."
[Ord. 2-1979, 11/20/1979, § 2]
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse, and shall be construed to include,
but not be limited to, scrap metal and scrapped and/or abandoned motor
vehicles and further, shall not be construed to include any garbage
or other organic waste, or any paper, rubbish, rags or other flammable
material or article.
Any person, as hereinafter defined, who shall engage in the
business of buying, selling, storing, or dealing, on a commercial
basis, in junk.
Any natural person, corporation, partnership or association.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and neuter.
[Ord. 2-1979, 11/20/1979, § 3; as amended by Ord.
4-89, 11/2/1989; Res. No. 2019-8, 12/19/2019]
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 of said property shall show that the vehicles
are there for some other legitimate purpose.
[Ord. 2-1979, 11/20/1979, § 4]
No person shall engage in business as a "junk dealer" in Hunlock
Township, Luzerne County, Pennsylvania, in such a manner that the
conduct of the said business shall create a nuisance in fact.
[Ord. 2-1979, 11/20/1979, § 5; as amended by Ord.
1/18/2001E, 1/18/2001, § 205]
1.
No person shall engage in business as a "junk dealer" in Hunlock
Township without having first obtained a license therefor from the
Hunlock Township Code Enforcement Officer. The fee for the initial
license shall be the sum of $1,000. The said license shall be renewed
annually on or before the subsequent yearly anniversary dates of the
initial license.
2.
Any person desiring to engage in business as a "junk dealer", before
beginning any such operation, shall first present to the Hunlock Township
Code Enforcement Officer an application, together with a set of plans
showing the manner in which said person intends to conceal or obscure
such operation from the view of the public and owners or occupants
of adjoining lands as required herein and setting forth the estimated
cost thereof, and pay therewith an inspection and initial license
fee of $1,000 to the Hunlock Township Code Enforcement Officer.
3.
The Hunlock Township Code Enforcement Officer shall thereupon inspect
and examine the plans and the premises and, if satisfied that such
operations will be in conformity with this Part, may permit such operations
to begin; or the said Code Enforcement Officer, before permitting
such operations to begin, may require changes in said plans to effectuate
the purposes of this Part and further require such person to post
a performance bond payable to Hunlock Township, with a reliable bonding
company as surety, in double the estimated cost of building or erecting
such concealing or obscuring objects as are required by such plans,
guaranteeing that such work as is required under the approved plans
will be done within 90 days.
4.
When any such application for a license is refused, the sum of $250
shall be returned to the applicant.
[Ord. 2-1979, 11/20/1979, § 6]
Any person who has engaged in business as a "junk dealer" in Hunlock Township prior to the effective date of this Part shall, as in the case of new operations as set forth in § 13-205 hereof, 30 days after the effective date of this Part, apply to the Hunlock Township Code Enforcement Officer for a license to continue such operations, submitting therewith plans, estimates, and fees in the same manner as set forth in § 13-205 hereof.
[Ord. 2-1979, 11/20/1979, § 7]
Whenever any person, having been issued a license to conduct
business as a "junk dealer" in Hunlock Township fails to adhere to
the provisions hereof or the plans aforesaid, as submitted, the Code
Enforcement Officer may revoke such license giving notice thereof
to such person, in writing, either personally, or by certified mail,
return receipt requested.
[Ord. 2-1979, 11/20/1979, § 8; as amended by Ord.
1/18/2001E, 1/18/2001, § 208]
The annual fee for the yearly renewal of the license herein
shall be the sum of $200 payable to Hunlock Township on or before
the yearly anniversary date of the initial license.
[Ord. 2-1979, 11/20/1979, § 9]
No person licensed under this Part shall, by virtue of one license
issued hereunder, keep or maintain more than one place of business
within Hunlock Township for the purpose of engaging in the business
of buying, selling, storing or dealing, on a commercial basis, in
"junk." Nor shall any person engage in the said business as a "junk
dealer" in or at any other place than the one designated on his license.
[Ord. 2-1979, 11/20/1979, § 10]
No license issued hereunder shall be transferable from one person
to another except when legal ownership of the licensed premises shall
change. In any such case, the new owner shall make application to
the Hunlock Township Code Enforcement Officer for a transfer of the
said license and shall therewith, pay to and for the use of Hunlock
Township, a transfer fee of $25, which transfer shall become effective
upon approval by the Hunlock Township Code Enforcement Officer.
[Ord. 2-1979, 11/20/1979, § 11]
1.
"Junk" on any premises, licensed pursuant to the terms of this Part
shall be thoroughly and effectively concealed or obscured from the
view of the public and the owners and/or occupants of adjoining lands
by a neat appearing corrugated sheet metal or wooden wall or fence.
3.
The "junk" on any premises, licensed pursuant to the terms of this
Part shall not be placed or deposited to a height greater than the
height of the wall or fence erected or constructed, pursuant to this
Part, on the licensed premises.
4.
The "junk" on any premises licensed pursuant to this Part shall not
be kept, maintained or stored within 10 feet of any adjoining property
line.
[Ord. 2-1979, 11/20/1979, § 12]
Whenever any person shall engage in business as a "junk dealer"
in Hunlock Township in violation of the nuisance terms and conditions
of this Part, the Hunlock Township Code Enforcement Officer shall
give such person written notice to remove and abate such nuisance,
personally or by certified mail, return receipt requested. If the
nuisance is not removed and abated within 30 days of the date of the
receipt of the said notice, the Hunlock Township Code Enforcement
Officer may remove the same, collecting the cost of such removal from
the owner by summary proceedings, or proceedings may be instituted
in a Court of Equity. All remedies hereunder shall be considered cumulative
and not mutually exclusive.
[Ord. 2-1979, 11/20/1979, § 13; as amended by Ord.
85-1, 3/5/1985; and by Ord. 2-1997, 8/28/1997]
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. 2-1979, 11/20/1979, § 14]
Any premises licensed pursuant to this Part in Hunlock Township
shall have not more than one entrance and one exit fronting on a public
roadway, each of which shall be not in excess of 40 lineal feet in
width on the perimeter of the premises abutting the public roadway.
[Ord. 2-1979, 11/20/1979, § 15]
Work in connection with the demolition or wrecking of automobiles
on any premises licensed pursuant to this Part shall be permitted
only on Monday through Saturday, inclusive, between the hours of 7:00
a.m. and 9:00 p.m., prevailing time.
[Ord. 2-1979, 11/20/1979, § 16]
No open fire for the burning of rubbish, trash, motor vehicles
or any parts thereof or accessory thereto shall be permitted on any
premises licensed pursuant to this Part 2.
[Ord. 2-1979, 11/20/1979, § 17]
There is hereby created the position of Code Enforcement Officer
to enforce the terms of this Part in Hunlock Township, Luzerne County,
Pennsylvania.
