Township of Lower Saucon, PA Chapter 103 Junkyards and Junk Dealers

[HISTORY: Adopted by the Township Council of the Township of Lower Saucon 5-12-1964 by Ord. No. 64-2. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 59.

Hazardous materials — See Ch. 97.

Nuisances — See Ch. 112.

Peddling and soliciting — See Ch. 125.

Solid waste — See Ch. 135.

Landfill business privilege tax — See Ch. 150, Art. V.

Transportation of goods — See Ch. 159.

Vector control — See Ch. 166.

Zoning — See Ch. 180.

§ 103-1 Definitions.

Unless otherwise expressly provided, the following words shall for purposes of this chapter have the following meanings:

AUTOMOBILE

Any and all types of motor vehicles, including self-propelled machinery of all kinds, with the exception of usable farm machinery.

COUNCIL

The Township Council of Lower Saucon Township, Northampton County, Pennsylvania.

JUNK

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.

JUNK DEALER

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.

JUNKYARD

Any place where junk, as herein defined, is stored or accumulated. Any premises, as herein defined, having two or more unlicensed automobiles thereon shall, in any event, be deemed a junkyard.

PERSON

Any natural person, partnership, firm, corporation or other legal entity, including singular and plural, male and female.

PREMISES

Any parcel of land situate in Lower Saucon Township, Northampton County, Pennsylvania, having a separate Tax Map parcel number for county assessment purposes.

TOWNSHIP

The Township of Lower Saucon, Northampton County, Pennsylvania.

§ 103-2 License requirements.

A. No person shall be a junk dealer or own, lease, operate or maintain a junkyard as herein defined within the Township without first obtaining a license to operate a junkyard as a junk dealer. The license shall be effective for one calendar year only, each license terminating on December 31 of the year for which it is issued, subject to renewal upon reapplication.

B. Application for a license or any renewal thereof shall be filed, in writing, with the Township Manager and shall contain the applicant's sworn statement setting forth applicant's name and address, together with the names and addresses of all other persons interested in the business, an accurate description of the premises upon which the business is to be conducted and the junkyard located and a statement that applicant will comply with this chapter and any regulations adopted pursuant to this chapter. Upon receipt of the application and the proper license fee,[1] if the application complies with the provisions hereof, the Township Manager shall, within 10 days, issue the license authorizing the operation and maintenance of a junkyard upon the premises by the junk dealer.

[1] Editor's Note: The current Fee Schedule is available at the Town Hall.

C. Such license shall at all times be conspicuously displayed upon the junkyard premises.

§ 103-3 Operation limitations.

No person licensed under this chapter shall, by virtue of one license, keep more than one place of business or maintain or operate more than one junkyard within the Township of Lower Saucon, nor shall any person engage in business as a junk dealer or operate or maintain a junkyard in any place other than the place designated upon his license, nor shall any person operate upon any of the roads or highways in the Township of Lower Saucon, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.

§ 103-4 License fees.

A. The license fee shall be submitted to the Township Manager with the application for a license or renewal of a license. The amount of the license fee shall be as set from time to time by resolution or ordinance, as may be required by law.[1]

[1] Editor's Note: The current Fee Schedule is available at the Town Hall.

B. No license shall be issued for the use of a tract of land in excess of 20 acres, excluding setback areas.

§ 103-5 Transfer of license.

A. No license issued by the Council shall be transferable by the licensee to any other person unless such a transfer is authorized by the Council. Any person desiring to transfer his license shall notify the Council in writing, which notification shall be accompanied by an application for a license, as described in § 103-2 of this chapter, by the transferee.

B. In the event that the Council shall approve the transfer of a license, the transferee shall immediately pay to the Township a transfer fee as set from time to time by resolution or ordinance, as may be required by law.[1]

[1] Editor's Note: The current Fee Schedule is available at the Town Hall.

§ 103-6 Purchase records.

Every person licensed under this chapter shall provide and 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 be at all times subject to the inspection of any authorized Township official.

§ 103-7 Holding period.

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.

§ 103-8 Storage; property maintenance; hours.

Every junk dealer licensed under this chapter shall maintain the licensed junkyard and conduct business as hereinafter provided.

A. All junk shall be stored behind a fence, as specified in Subsection B below, which fence shall be set back at least 50 feet from all lot lines of the premises occupied by the junkyard. Whenever such fence or any part of such fence is visible from a public road or from a residence or any adjoining property, a landscaped screen of trees and/or shrubs of varieties capable of attaining a continuous height of six feet within two years shall be planted along such fence or section of fence. All required open areas between fence and lot lines shall be maintained continuously in good order and free of weeds and scrub growth.

B. Every junkyard shall be completely fenced with a heavy duty chain link or wire mesh fence at least six feet in height with gates of similar fencing material, which gates shall at all times be securely locked, except during business hours when an adult attendant employed as such is on the premises. Such fence shall have maximum openings of four square inches, and the wire mesh shall be of a maximum size and strength of No. 10 gauge steel wire.

C. The provisions of Subsection B shall be limited in that if the natural contour of the land surrounding the junkyard area or any part thereof serves the same purpose as a six feet chain link fence then, as to that area, the requirement of a six-foot chain link fence is not required.

D. All junk shall be stored and set back at least 50 feet from any adjoining premises and at least 75 feet from the nearest edge of the cartway of any public road or highway.

E. No junkyard shall operate on Sunday nor between the hours of 8:00 a.m. and 7:00 a.m., except to remove any wrecked automobile from any public highway.

F. All junk shall be stored and arranged so as to permit access by fire-fighting equipment and to prevent accumulation of stagnant water. Junked automobiles shall be spaced in rows with at least 15 feet between each double row to permit movement of fire equipment. Junk shall not be piled to a height of more than eight feet from the ground.

G. All gasoline and oil shall be drained from any junked automobiles into containers and removed from the junkyard premises within 12 hours from arrival on said premises of the junked automobiles. Gasoline or oil shall be stored at only one location on the licensed premises, and no more than 100 gallons in aggregate of gasoline and oil shall be stored aboveground.

H. All weeds on any junkyard shall be kept mowed and shall not be permitted to go to seed.

I. An adult attendant shall, at all times during business hours, remain on the junkyard premises.

J. No garbage or organic waste shall be permitted to be stored on any junkyard.

K. It shall not be permissible to burn more than one motor vehicle or its equivalent at any one time. Paper, rags, plastic materials, rubbish, oil, grease, tires, gasoline or other similar materials that might be dangerous or tend to produce obnoxious smoke or odors shall not be permitted to be burned in the junkyard at any time. The burning of motor vehicles must be attended and controlled by competent personnel at all times.

§ 103-9 Inspections.

Any member of the Council or a duly authorized agent thereof may at any time enter upon and inspect any premises for which there is a pending application for a junkyard license or which holds a current junkyard license.

§ 103-10 Rules and regulations.

The Council may from time to time adopt regulations to carry out the provisions of this chapter upon giving notice to the licensees affected by such regulations.

§ 103-11 Violations and penalties.

[Amended 10-13-1970 by Ord. No. 70-6; 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]

Any person who fails to voluntarily pay within 10 days to the Township the penalty imposed for violation of this chapter shall be subject to a civil enforcement proceeding. Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall 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 Magisterial District Judge and/or Court. 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.

§ 103-12 Enforcement.

The Council or any person may take any appropriate action at law or in equity, civil or criminal, to enforce the revisions of this chapter, and this chapter shall in no way restrict any remedies otherwise provided by law.

§ 103-13 Existing operations.

Junk dealers and junkyards operating and existing in the Township on the effective date of this chapter shall be required to obtain a license within 30 days from the effective date of this chapter but shall not be required to comply with the licensing provisions prior to November 5, 1964, and the license fee for the period ending December 31, 1964, shall be as set from time to time by resolution or ordinance, as may be required by law.[1]

[1] Editor's Note: The current Fee Schedule is available at the Town Hall.