No person may be a junk dealer as herein defined within the
municipality without first obtaining a license to operate as herein
described.
A. Any person desiring to be a licensed junk dealer in Carroll Township
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 York County Tax Map parcel number(s),
and a statement that the applicant will comply with this chapter and
any regulations adopted pursuant to this chapter, and such other information
as the Board of Supervisors may require.
B. An application for license under this chapter 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 of Carroll, York County. 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 shall
be as set from time to time by the Board of Supervisors and it is
not returnable in case of refusal of license; the annual license fee
shall be as set by the Board of Supervisors and included in the current
Township Schedule of Fees. All fees are due, payable to and for the
use of the Township of Carroll, York County, at time of application.
The Board of Supervisors or its agent may waive the application fee
when issuing renewed licenses. The period of any license issued under
this chapter shall be for one calendar year or portion thereof, and
shall terminate on December 31 of the year in which issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Licenses issued under this chapter are required to be renewed on
or before January 1 of the year in which it is desired to continue
operations. 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 reexamination
and consideration by the Board of Supervisors or its agents for continued
compliance with the terms of this chapter.
E. No person licensed under this chapter 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. The permitted size of
a junkyard shall be fixed at the time of license issuance, with due
regard for the existing and proposed uses of the surrounding area
and properties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
B. Junkyards and businesses licensed under this chapter may not operate
on Sunday, nor between the hours of 10:00 p.m. and 6:00 a.m., except
to remove any wrecked automobile from any public highway.
All junk in junkyards licensed under this chapter shall be stored
as herein provided:
A. All junk shall be set back at least 50 feet from property lines and
at least 100 feet from residential zones or uses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. All junk shall be stored and arranged so as to permit access by firefighting
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 six 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 eight feet
from the ground.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. All gasoline and oil shall be drained from junked motor vehicles
within 30 days of arrival on premises. Storage must meet current DEP
standards regarding fuel storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Paper, rags, plastics and similar materials for salvage shall be
stored indoors.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No material shall be burned or melted down at any time.
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.
Every junk dealer licensed under this chapter shall enclose
and maintain his junkyard as herein provided:
A. The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot high, completely opaque fence. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
Every junk dealer and junkyard licensed under this chapter 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 chapter, upon
giving notice to licensees affected by such regulations.
The Board of Supervisors may waive the setback requirements as established by §
240-4A, and the planting requirements as established by §
240-8B, for those junkyards in existence at the time of the enactment of this chapter, if such junkyard is in compliance with the other requirements as provided by this chapter, and if, in the Board of Supervisors's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The Board of Supervisors may take any appropriate action at
law or equity, civil or criminal, to enforce the provisions of this
chapter, and this chapter shall in no way restrict any remedies otherwise
provided by law.
This chapter shall become effective on July 8, 1986.