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.
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.
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.
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 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.
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.
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.
[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.
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.
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.