[Ord. 145, 5/7/1980, § 1]
This Part shall be known and may be cited as "Plainfield Township
Junkyard Ordinance."
[Ord. 145, 5/7/1980, § 2]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this Section, except in those
instances where the context clearly indicates a different meaning:
Any motor vehicle outside of a fully enclosed building:
The Board of Supervisors of Plainfield Township.
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, garbage, refuse, paper, glass, containers,
and structures. It shall not include, however, refuse or garbage kept
in a proper container for the purpose of prompt disposal.
Any person, as hereinabove defined, who shall engage in the
business of selling, buying, salvaging, and dealing in junk and who
maintains and operates a junkyard within the Township of Plainfield.
Any place where any junk or abandoned or junked motor vehicles,
as hereinafter defined, are stored, disposed of, or accumulated.
Person appointed by Township Board of Supervisors who administers
this Part and regulations promulgated under this Part and enforces
and prosecutes violations of this Part.
The permit granted to a junk dealer as hereinbefore defined.
Every natural person, association, partnership or corporation.
Whenever used in any subsection prescribing or imposing a fine, or
penalty of imprisonment in default thereof, the term as applied to
associations shall mean any member thereof; as applied to partnerships
shall mean any partner thereof; and as applied to corporations shall
mean the president, treasurer or secretary thereof.
Plainfield Township, Northampton County, Pennsylvania.
[Ord. 145, 5/7/1980, § 3]
It shall be unlawful for any person to store any abandoned or
junked motor vehicle on public or private property within 200 feet
of any highway or Township road in the Township, unless he is a junk
dealer and has been licensed according to the terms and provisions
of this Part.
[Ord. 145, 5/7/1980, § 4]
It shall be unlawful for any person to store any abandoned or
junked motor vehicle on public or private property within 300 feet
from the nearest residence or home in the Township, unless he is a
junk dealer and has been licensed according to the terms and provisions
of this Part.
[Ord. 145, 5/7/1980, § 5; as amended by A.O.]
No person shall engage in business as a junk dealer in the Township
without first having obtained a license from the junkyard administrator
and officer which license fee shall be in the amount established,
from time to time by resolution of the Board of Supervisors, payable
to the Plainfield Township Board of Supervisors, for each and every
calendar year, such fees to be for the use of the Township. Such license
shall be renewed annually on or before the first day of January, of
each year. Provided, in any case where a person begins to engage in
business as a junk dealer in the Township on or after the first day
of July in any year, the license fee payable for the remainder of
such year shall be at 1/2 the yearly rate.
[Ord. 145, 5/7/1980, § 6]
The license provided for in this Part shall be issued by the
junkyard administrator and officer after written application shall
have been made therefor by the person desiring to be licensed. Such
license shall state the name of the person to whom such license is
issued and the premises on which such business is to be conducted,
or such junkyard is to be maintained. Such license shall be posted
conspicuously upon the premises licensed thereunder. The written application
for license hereinabove mentioned shall be accompanied by a form,
every question of which must be answered, which form will be supplied
by the Board. Applicant shall also submit therewith a plot of the
premises used or to be used in connection with such license.
[Ord. 145, 5/7/1980, § 7]
No person licensed under this Part shall, by virtue of one license, keep more than one place of business within the Township or maintain more than one junkyard, for the purpose of buying, selling and dealing in junk. No person shall engage in business as a junk dealer in any place other than the place designated upon his license or maintain a junkyard in any place other than the place designated upon his license. New licenses are limited to premises located within the Farm and Forest Zoning District as defined in the Township Zoning Ordinance [Chapter 27] and depicted on the official Township Zoning Map.
[Ord. 145, 5/7/1980, § 8; as amended by A.O.]
No license issued under this Part shall be transferrable from
one person to another person except when the ownership of a licensed
premises shall change. In any such case the new owner shall apply
for a transfer of such license to him and shall pay a transfer fee
in the amount established, from time to time, by resolution of the
Board of Supervisors.
[Ord. 145, 5/7/1980, § 9]
Every person, licensed under this Part, shall provide and shall
constantly keep a book, in which shall be fairly written down in the
English language at the time of the purchase of any junk, a description
of every article or material purchased or received by him, the date
and hour of such purchase or receipt, and the person from whom such
article or material was purchased or received. Such book and all articles
or material purchased, received or handled by such person shall at
all times be subject to the inspection of the Township police or any
other official of the Township.
[Ord. 145, 5/7/1980, § 10]
Every person, licensed under this Part shall keep and retain
upon the licensed premises, for a period of 48 hours after the purchase
or receipt thereof, all junk received or purchased 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. 145, 5/7/1980, § 11; as amended by A.O.]
1.
Every person licensed under this Part shall constantly maintain the
licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this Section and any
subsequent regulations adopted by the Board:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above
ground in said junkyards provided the same be placed in containers
approved by the Board. All other gasoline which is kept in the premises
shall be stored underground, which underground storage must be approved
by the Board.
D.
The manner of storage and arrangement of junk, and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water upon the premises, and to facilitate access for firefighting
purposes.
E.
All junk kept, stored, or arranged on the licensed premises shall
at all times be kept, stored and arranged within the junkyard as described
in the application for license hereunder, and as limited under Subsection
1D above.
F.
The premises to be licensed shall be set back a minimum distance of 25 feet from the right-of-way lines on all streets or road and a minimum distance of 25 feet from all other property lines except that junkyards licensed after the effective date of the Plainfield Township Zoning Ordinance [Chapter 27] shall have setbacks of 500 feet. The area between the set back line and the right-of-way line and all streets and roads and all other property lines shall be at all times, kept clear and vacant.
G.
The premises to be licensed shall at the set back lines be enclosed
by a fence not less than eight feet in height, of type and style to
be determined by the Board or by evergreen screen plantings, or both.
The Board may set forth the fence and planting requirements at the
time of the issuance of a license or at the time of renewal or transfer
of a license. There shall be no posting or advertising permitted on
said fence, other than for the advertising of said licensed business,
and this not to exceed nine square feet.
[Ord. 145, 5/7/1980, § 12]
The Township junkyard administrator and officer shall regularly
inspect the premises of every licensee hereunder for the purpose of
determining whether said licensee has established and maintained his
premises compliance with the provisions of this Part and such regulations
which may hereafter be adopted by the Township.
[Ord. 145, 5/7/1980, § 13]
The junkyard administrator and officer and his deputies and
assistants, after notification to an owner and occupant of land, shall
have the right and authority at any time agreeable to both parties,
to enter any building, structure, premises, lot or land, whether already
erected or put into use for the purpose of determining whether or
not the provisions of this Part are being complied with. In the event
that any owner or occupant refuses to agree inspection by the junkyard
administrator and officer, the junkyard administrator and officer
shall have the power to obtain a search warrant for the inspection
of such premises.
[Ord. 145, 5/7/1980, § 14; as amended by A.O.]
The junkyard administrator and officer, upon violation of any section of this Part or rules and regulations promulgated under this Part, shall be authorized to prosecute the person violating this Part or rules and regulations promulgated under this Part as prescribed in § 13-215.
[Ord. 145, 5/7/1980, § 15; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge 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.
