[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.