[Ord. No. 43, 5/19/1972]
This Part shall be known and may be cited as "Amity Township
Junkyard Ordinance."
[Ord. No. 43, 5/19/1972]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated:
The Board of Supervisors of Amity Township.
Junk shall mean any discarded material or article and shall
include, but not be limited to scrap metal, scrapped, abandoned or
junked motor vehicles, including the commercial storage of wrecked
automobiles, pending disposition thereof, machinery, equipment, paper,
glass, containers and structures. It shall not include, however, refuse
or garbage kept in proper containers for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging and dealing in junk, including
one who commercially stores wrecked automobiles pending disposition
of the same, and who maintains and operates a junkyard within the
Township of Amity.
Any place where any junk, as hereinafter defined, is stored,
disposed of or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk, as hereinbefore defined.
Includes any partnership, association, firm, corporation
or other entity.
A time determined by the Board of Supervisors which shall
not be more than two years and not less than one year from the date
a license is obtained under this Part.
Amity Township, Berks County, Pennsylvania.
[Ord. No. 43, 5/19/1972]
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 a license fee shall be paid to the Township for the use
of the Township.
[Ord. No. 43, 5/19/1972]
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, each question of which must be answered,
which form shall be supplied by the Board. Applicant shall also submit
therewith a plot plan of the premises used or to be used in connection
with such license.
[Ord. No. 43, 5/19/1972]
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 a determination that the applicant has complied with the regulations in § 17-112 of this Part.
[Ord. No. 43, 5/19/1972]
A license fee shall be paid immediately upon the issuance or
renewal of a license. The amount of the license fee shall be $200
for each and every license issued.
[Ord. No. 43, 5/19/1972]
No persons 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.
[Ord. No. 43, 5/19/1972]
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 § 17-104 of this Part, by the transferee.
[Ord. No. 43, 5/19/1972]
In the event the Board shall approve the transfer of a license,
the transferee shall immediately pay to the Township a transfer fee
of $10.
[Ord. No. 43, 5/19/1972]
Every person licensed under this Part shall provide and keep
a book, in which shall be 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 purchase
or receipt, and the person from whom such article or material was
purchased or received. Such book shall at all times be subject to
the inspection of any official of the Township or any police officer
of the State of Pennsylvania or its subdivisions. In the case of motor
vehicles, there shall be kept in addition a personal description of
the person from whom purchased and a complete description of the purchase
which shall include trade name, and the motor, body, manufacturer's
numbers and any other serial numbers, the style of body, model, color
and license number.
[Ord. No. 43, 5/19/1972]
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. No. 43, 5/19/1972]
Every person licensed under this Part shall constantly maintain
the licensed premises in accordance with any special provision imposed
by the Board and in the manner prescribed by this section and any
subsequent regulations adopted by the Board. Notwithstanding this
provision, all junkyard dealers within the Township who have been
licensed under a previous ordinance in relation to junkyards shall
be allowed a reasonable time in which to comply with the following
regulations.
(a)
Such premises shall at all times be maintained so as not to constitute
a nuisance or 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)
There shall be erected a fence or wall not less than six feet in
height and to encompass the entire junkyard for the purpose of preventing
thefts and thereby reducing law enforcement problems. The fence or
wall shall be constructed of materials of sufficient strength in order
to carry out the purpose of this regulation.
(d)
In order to allow fire and emergency equipment to maneuver within
junkyards to prevent the spread of fires, there shall be a 20 feet
space between rows of junk within the junkyard.
(e)
There shall be a 20 feet setback from all streams or water courses
running near, in or around said junkyards.
(f)
Any person licensed under this Part shall not burn more than one
motor vehicle or its equivalent at any one time. No oil, grease, tires,
gasoline or other similar material that might be dangerous or tend
to produce obnoxious smoke or odors shall be burned within a junkyard
at any time. Burning vehicles must be attended and controlled at all
times.
(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, the right-of-way line, all streets and roads
and all other property lines shall be at all times kept clear and
vacant.
(h)
No two or more vehicles can be stacked on top of one another. All
other junk shall be stacked in a manner and to a height which does
not exceed the height limit of the fence which surrounds the junkyard.
[Ord. No. 43, 5/19/1972]
An official of the Township shall regularly inspect the premises
of every licensee to determine if the licensee is in full compliance
with the regulations as set forth above. Further, said official shall
report, not less than twice yearly, in writing, to the Township Board
of Supervisors the conditions of the junkyard.
[Ord. No. 43, 5/19/1972]
Any person who shall violate any of the provisions of this Part
shall, upon conviction thereof by a summary proceeding, be sentenced
to pay a fine of not more than $600, and the costs of prosecution,
or be sentenced to confinement in the Berks County Prison for a period
not exceeding 30 days, provided that each day's violation of any provision
of this Part shall constitute a separate offense.
[Ord. No. 43, 5/19/1972]
In addition to the remedies provided in § 17-114 of this Part, any continued violation of this Part which shall constitute a nuisance in face 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. No. 43, 5/19/1972]
If any section of this Part shall be found to be invalid, the
other sections of this Part shall not be affected thereby.
