This chapter shall be known and may be cited as "Upper Tulpehocken
Township Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
BOARD
The Board of Supervisors of Upper Tulpehocken Township.
JUNK
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, paper, glass, containers, and structures.
It shall not include, however, refuse or garbage kept in a proper
container for the purpose of prompt disposal.
JUNK DEALER
Any person, as hereinafter 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 Upper Tulpehocken.
JUNKYARD
Any place where any junk, as herein defined, is stored, disposed
of, or accumulated.
LICENSE
The permit granted to a person who accumulates, stores, or
disposes of junk as hereinbefore defined.
PERSON
Includes any partnership, association, firm and corporation.
TOWNSHIP
Upper Tulpehocken Township, Berks County, Pennsylvania.
No person shall 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 in accordance with the schedule 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
January 1, and ending December 31 of the same year and each license
must be renewed annually on or before the first day of January of
each year.
The license provided for in this chapter 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.
Upon receipt of an application by the Board, the Board shall
issue a license or shall refuse to issue a license to the person applying
therefor, 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 issue 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 chapter as may be deemed necessary to
carry out the spirit and intent of this chapter.
No person licensed under this chapter 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 junk. No person shall engage in business as a junk dealer
in any place other than the place designated upon his license.
No license issued by the Board shall be transferable by the licenser to any other person unless such a transfer is authorized by the Board, in writing, which notification shall be accompanied by an application for a license, as described in §
253-4 of this chapter, by the transferee.
In the event the Board shall approve the transfer of a license,
the transferee shall immediately pay the Township a transfer fee of
$10.
Every person, licensed under this chapter, 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, received or handled
by such person shall at all times be subject to the inspection of
any official of the Township.
Every person licensed under this chapter 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.
Every person licensed under this chapter 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
D above.
F. No open burning whatsoever shall be permitted at the site.
G. 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 roads and
a minimum distance of 25 feet from all other property lines. The area
between the setback 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.
H. When the Board shall deem it necessary and desirable, the premises
to be licensed shall at the setback lines be enclosed by a fence 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 license.
[Amended 6-11-1996 by Ord. No. 1-1996; 3-11-1997 by Ord. No. 1-1997; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons convicted of violating any of the provisions
of this chapter shall be subject to a fine not to exceed $1,000 per
violation, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Berks County
Prison to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Township Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under the Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. Each day or portion thereof that a violation continues
or is permitted to continue shall also constitute a separate offense.
In addition to the remedies provided in §
253-13 above, any continued violations of this chapter 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.
If any section of this chapter shall be found to be invalid,
the other sections of the chapter shall not be affected thereby.