[HISTORY: Adopted by the Board of Supervisors of the Township of
Chestnuthill 8-2-1965 by Ord. No. 9. Amendments
noted where applicable.]
[Amended 7-23-1992 by Ord. No. 1992-13]
A.
JUNK
JUNK DEALER
JUNK VEHICLE
(1)
(2)
(3)
(4)
(5)
As used in this chapter, the following terms shall have
the meanings indicated:
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture, appliances,
motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers
and building materials. Junk shall not include solid waste temporarily stored
in an appropriate container that is routinely awaiting imminent collection
and proper disposal; toxic substances; yard waste; or items clearly awaiting
imminent recycling at an appropriate location.[1]
Any person, as hereinafter defined, who shall engage in the business
of selling, buying, salvaging, dealing or storing junk.
Includes any vehicle or trailer that meets any of the following conditions:[2]
Cannot be moved under its own power, in regards to a vehicle designed
to move under its own power, other than a vehicle clearly needing only minor
repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis; and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
No person shall engage in business as a junk dealer in the Township
of Chestnuthill without first having obtained a license from the Township
Supervisors, for which license the fee shall be as set from time to time by
resolution of the Board of Supervisors, such fee 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 that, in any case where a junk dealer's
business shall be established in the Township on or after the first of July
in any year, the license fee payable by such junk dealer for the remainder
of such year shall be at 1/2 the yearly rate.
The license provided for in § 64-2 shall be issued by the Township after 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 from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder. The name of the licensed junk dealer and the number of the license under which he operates shall be placed in a conspicuous place on the outside of every vehicle used for business purposes by such dealer.
No person licensed under this chapter shall, by virtue of one license,
keep more than one place of business within the Township of Chestnuthill for
the purpose of buying, selling and dealing in junk, nor shall any such person
engage in business as a junk dealer in any place other than the place designated
upon his license, nor shall any such person or any other person operate upon
any of the streets of the Township, whether from a vehicle or on foot, as
a scavenger or an itinerant buyer or seller of junk.
[Amended 7-23-1992 by Ord. No. 1992-13[1]]
No license issued under this chapter shall be transferable 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 as set from time to time
by resolution of the Board of Supervisors.
[Amended 7-23-1992 by Ord. No. 1992-13]
Every junk dealer licensed under this chapter shall constantly maintain
the licensed premises in the manner prescribed by this section, as follows:
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 and no paper, rubbish,
rags or other flammable articles or materials 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,
and none shall be permitted to remain upon the premises.
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 fire-fighting
purposes.
[Amended 6-25-1992 by Ord. No. 1992-5[1]]
Any person who shall violate any of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
[Added 7-23-1992 by Ord. No. 1992-13]
Where the terms of this chapter conflict with any other chapter adopted by Chestnuthill Township, the more restrictive terms shall apply. Nothing in this chapter shall be interpreted to diminish the restrictive impact of Chapter 119, Zoning.
