[Ord. 66-1, 5/3/1966]
This Part shall be known and maybe cited as the "Hepburn Township
Junkyard and Refuse Ordinance."
[Ord. 66-1, 5/3/1966]
Unless otherwise expressly provided, the following words shall
for purposes of this Part have the following meanings:
The Board of Supervisors of Hepburn Township, Lycoming County,
Pennsylvania.
Any and all forms of waste and refuse of any type of material,
including scrap metal, junked motor vehicles, glass, industrial waste,
and other salvageable material.
Any person who buys, sells, salvages, stores, or in any way
deals in junk or owns, leases, operates, or maintains a junkyard within
the Township, whether on land owned by such person or otherwise.
Any place where junk as herein before defined is stored or
accumulated. Any premises as hereinafter defined having two or more
unlicensed motor vehicles thereon shall, in any event, be deemed a
junkyard.
Any and all types of motor vehicles, regardless of the degree
to which they have been dismantled, including self-propelled machinery
of all kinds, with the exception of usable farm machinery.
Any natural person, partnership, firm, corporation or other
legal entity, including singular and plural, male and female.
Any parcel of land situated in Hepburn Township, Lycoming
County, Pennsylvania, having a separate tax map parcel number for
County assessment purposes.
The Township of Hepburn, Lycoming County, Pennsylvania.
[Ord. 66-1, 5/3/1966; as amended by Ord. 8.5.2008, 8/5/2008]
No person shall allow junk to be stored or accumulated on their
premises or engage in business as a junk dealer, or maintain a junkyard
without first having obtained a license from the Board, for which
license a fee as established from time to time by resolution of the
Board of Supervisors hereinafter set forth shall be paid to the Township
for the use of the Township. The license shall be issued for the twelve-month
period beginning June 1, and ending May 31 of the following year,
and each license must be renewed annually on or before the first day
of June of each year.
[Ord. 66-1, 5/3/1966]
The license provided for in this Part shall be issued by the
Board 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. 66-1, 5/3/1966]
Upon receipt of an application by the Board, the Board shall
approve the issuance of a license or shall refuse to issue a license
to the person applying therefore after an examination of the application
and taking into consideration the suitability of the property proposed
to be used for the purposes of the license, the character of the properties
located nearby, and the effect of the proposed use upon the Township,
both economic and aesthetic. In the event the Board shall approve
the issuance of a license, it may impose upon the license and the
person applying therefor such terms and conditions in addition to
the regulations herein contained and adopted pursuant to this Part
as may be deemed necessary to carry out the spirit and intent of this
Part, which terms and conditions must be complied with within 60 days
from the date of approval, or the license will be revoked and the
applicant considered to be in violation of this Part.
[Ord. 66-1, 5/3/1966; as added by Ord. 1990-2, 11/6/1990;
and as amended by Ord. 8.5.2008, 8/5/2008]
The license fee shall be paid prior to the issuance or renewal
of the license in an amount as established from time to time by resolution
of the Board of Supervisors; provided, however, that until the adoption
of an appropriate resolution setting a different fee, the fee for
each license shall be in an amount as established from time to time
by resolution of the Board of Supervisors per license year.
[Ord. 66-1, 5/3/1966]
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/or
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.
[Ord. 66-1, 5/3/1966]
No license issued by the Board shall be transferable by the licensee to any other person unless such a transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 13-209 of this Part, by the transferee.
[Ord. 66-1, 5/3/1966; as amended by Ord. 8.5.2008, 8/5/2008]
Upon approval of a transfer of a junkyard license and prior
to such transfer taking place the license fee shall be paid prior
to the issuance or renewal of the license in an amount to be determined
by the Supervisors of Hepburn Township by resolution from time to
time;, provided, however, that until the adoption of an appropriate
resolution setting a different fee, the fee for each license shall
be in an amount as established from time to time by resolution of
the Board of Supervisors.
[Ord. 66-1, 5/3/1966]
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, and the
person from whom such article or material was purchased, received
or handled by such person, which book shall at all times be subject
to the inspection of any official of the Township.
[Ord. 66-1, 5/3/1966; as amended by Ord. 1986-3, 10/7/1986;
and by Ord. 8.5.2008, 8/5/2008]
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 aboveground
in said junkyard, provided the same be placed in containers approved
by the Board. All other gasoline which is kept on 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 paragraph
.D 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, roads, or highways
and a minimum distance of 25 feet from all other property lines. The
area between the setback line and the right-of-way line of all streets,
roads and highways, and all other property lines, shall be at all
times kept clear and vacant.
G.
The premises to be licensed shall at the setback lines be entirely
enclosed within a solid wall, or fence or evergreen screen plantings
of a type which form a complete visual obstruction, which wall, fence
or plantings shall be not less than six feet high.
[Ord. 66-1, 5/3/1966; as amended by Ord. 8.5.2008, 8/5/2008]
Any person who shall violate any of the provisions 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.
[Ord. 66-1, 5/3/1966]
In addition to the remedies provided in § 13-212 above, any continued violation of this Part which shall constitute a nuisance in fact or which shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
[Ord. 66-1, 5/3/1966; as amended by Ord. 8.5.2008, 8/5/2008]
Enforcement of this Part and all its provisions will be accomplished
by the Board of Supervisors in the manner provided in the Second Class
Township Code, 53 P.S. § 66601.
