Township of Patton, PA
Centre County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Patton 9-28-1964 by Ord. No. 27. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 107.
Property maintenance — See Ch. 127.
Vehicles and traffic — See Ch. 167.
Zoning — See Ch. 175.
This chapter shall be known and may be cited as "Patton Township Junkyard and Refuse Ordinance."
[Amended 8-12-1975 by Ord. No. 112]
A. 
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
ABANDONED MOTOR VEHICLE
Any motor vehicle or former motor vehicle which does not bear current registration and/or current certificate of inspection and/or ascertainable vehicle identification number.
[Amended 2-10-1988 by Ord. No. 88-227]
BOARD
The Board of Supervisors of Patton Township.
JUNK
Any discarded material or article and shall include, but not be limited to scrap metal, scrapped or junked motor vehicles, abandoned 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.
[Amended 8-14-1996 by Ord. No. 96-330]
JUNK DEALER
Any person, as hereinafter defined, who shall engage in the business of buying, selling, salvaging and dealing in junk and who maintains and operates a junk yard within the Township of Patton.
JUNKYARD
Any place where any junk, as hereinbefore 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
Any natural person, partnership, association, firm, corporation or other legal entity.
TOWNSHIP
Patton Township, Centre County, Pennsylvania.
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular and the masculine shall include both the feminine and neuter.
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 July 1 and ending June 30 of the following year, and each license must be renewed annually on or before the first day of July of each year.
The license provided for in this chapter shall be issued by the Board after written application shall have been made therefore 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.
[Amended 8-12-1975 by Ord. No. 112; 8-14-1996 by Ord. No. 96-330]
Upon receipt of an application by the Board, the Board, in accordance with Chapter 175, Zoning, and the provisions herein, 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 proposed site to be used for the purpose 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 that 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 license shall be issued for the use of a tract of land in excess of 20 acres, excluding setback areas.
[Amended 8-12-1975 by Ord. No. 112]
The license fee shall be paid immediately upon the issuance or renewal of a license. The license fee shall be in accordance with a schedule adopted by resolution of the Board of Supervisors from time to time.[1] The fee shall be determined by the actual land to be used by the person to whom the license is issued, excluding setback areas.
[1]
Editor's Note: The current fee schedule is on file in the Township offices.
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 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.
No license issued by the Board shall be transferable by the licensor to any other person unless such 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 license, as described in § 92-4 of this chapter, by the transferee.
[Amended 8-12-1975 by Ord. No. 112]
In the event that the Board shall approve a transfer of a license, the transferee shall immediately pay to the Township a transfer fee to be set by resolution of the Board of Supervisors from time to time.[1]
[1]
Editor's Note: The current fee schedule is on file in the Township offices.
[Amended 8-12-1975 by Ord. No. 112]
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 and which 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 aboveground in said junkyards, provided that 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 fire-fighting 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 § 92-4 above.[1]
[1]
Editor's Note: Former Subsection F, prohibiting the burning of more than one motor vehicle at a time and prohibiting the burning of dangerous materials, which immediately followed this subsection, was repealed 8-14-1996 by Ord. No. 96-330.
F. 
The premises to be licensed shall be set back a minimum distance of 50 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.
G. 
In order to provide for the health, safety and welfare and appearance of the Township, if the Board shall deem it necessary and desirable, the premises to be licensed shall, at the setback lines be enclosed by a fence of the type and style to be determined by the Board or by evergreen screen plantings, or both. The Board will adopt regulations concerning this which will be furnished to the applicant at the time of the issuance of a license or at the time of renewal or transfer of the license.
H. 
All junk shall be kept or stored at least 25 feet from any river or stream or any other natural watercourse.
I. 
Whenever any motor vehicle shall be received on such premises as junk, all glass shall be removed from any broken windshield, window or mirror.
J. 
Whenever any motor vehicle shall be received on such premises as junk, all upholstery shall be removed.
K. 
Whenever any motor vehicle shall be received on such premises as junk, all wheels shall be removed so that the said vehicle is rendered incapable of movement.
L. 
Whenever any motor vehicle shall be received on such premises as junk, the trunk lid shall be removed or its lock shall be removed.
[Amended 8-12-1975 by Ord. No. 112; 8-14-1996 by Ord. No. 96-330]
Any person who shall violate any provision of this chapter shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 and court costs, including reasonable attorney fees. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day's continuance of a violation shall constitute a separate offense.[1]
[1]
Editor's Note: Former Section 14, Abatement of nuisance, which immediately followed this section, was repealed 8-14-1996 by Ord. No. 96-330.