This chapter shall be known and may be cited as the "Brecknock Township
Junkyard Ordinance."
On or after the effective date of this chapter, no person shall be a
junk dealer or establish a junkyard in the township, except as authorized
by this chapter and only after having obtained a license for the operation
of a junkyard in accordance with this chapter.
Application for a license to operate a junkyard shall be made in writing
by any junk dealer under oath and in the form prescribed by the Board of Supervisors
of the township and shall contain the name and address of the applicant. The
application shall also contain the address and description of the premises
upon which the junkyard is to be operated, the names and addresses of any
owner or owners of said property if other than the applicant, any structures
erected on the premises and a description of the operation plan for said junkyard.
If the applicant is a partnership or association, the application shall furnish
the names and addresses of all partners. If the applicant is a corporation,
the application shall furnish the names and addresses of each officer and
director thereof. The application shall be signed by the applicant, if the
applicant is an individual; by all members of the association or partnership,
if the applicant is an association or partnership; or by the president and
attested by the secretary, if the applicant is a corporation.
No license issued under this chapter shall be transferred or assigned
or used by any person other than the one to whom it was issued, and no junk
dealer's license shall be issued at any location other than the one prescribed
in the application upon which it is issued.
Any junk dealer shall pay an annual license fee as set by resolution
of the Board of Supervisors for every junkyard license or renewal thereof issued under this
chapter. All licenses shall be valid for a term of one (1) year from the date
of issuance.
All junkyards shall conform to the following requirements:
A. All structures and junk shall be set back from any adjoining
public roadways a minimum of fifty (50) feet. A fence shall be constructed
or planted along parts of the junkyard which are adjacent to public highways
or roads or residential areas. Said fence shall be of solid construction,
natural materials or living materials and shall be designed not to permit
the sight of the junk from outside the junkyard. The applicant for a license
under this chapter shall submit a plan for the proposed construction materials,
natural materials or living materials to the Board of Supervisors of the township
for approval prior to construction, and said approval shall not be unreasonably
withheld.
B. The junkyard shall at all times be maintained so as not
to constitute a nuisance or impair the health, safety and welfare of the township
residents.
C. All junk shall be stored and arranged so as to permit
access by firefighting and other emergency equipment and to prevent the accumulation
of stagnant water. Junked automobiles shall be spaced in rows with at least
fifteen (15) feet between each double row. Junk shall not be piled to a height
of more than seven (7) feet from the ground.
D. All gasoline shall be drained from any junked automobile
into containers and removed from the vehicle within twenty-four (24) hours
from arrival on the premises and shall be stored at only one (1) location
of the licensed premises. This location shall be marked and identified by
signs for firefighting and emergency purposes.
E. Every licensee hereunder shall maintain records, in the
English language, at the time of acquisition of junk, of a full and complete
description thereof, including but not limited to the trade name, serial and/or
manufacturer's numbers, if any, the date and time of purchase or acquisition
and the name and address of the person from whom such junk was purchased,
acquired or received. Such records shall be retained for a period of five
(5) years and shall be subject to inspection by the township.
F. Every licensee hereunder shall keep and retain on the
licensed premises for a period of forty-eight (48) hours after purchase, acquisition
or receipt thereof, every item of junk acquired and the original form, shape
or condition of said junk shall not be destroyed, disturbed or reduced for
a period of forty-eight (48) hours.
G. No garbage or other organic waste shall be stored on
such premises.
H. No hazardous materials shall be stored on the premises.
For the purposes of this provision, "hazardous materials" shall be those defined
as such by regulations of the Pennsylvania Department of Environmental Resources.
I. Operation of the junkyard shall comply with all applicable township ordinances, including but not limited to Chapter
110, Zoning, and state and federal regulations.
J. All batteries shall be removed from any junked vehiclewithin
twenty-four (24) hours from arrival on the premises. The batteries shall be
stored as defined by the Pennsylvania Department of Environmental Resources
in one (1) location marked and identified by signs for fire-fighting and emergency
purposes.
K. Storage of propane and other gases used in the operation of the junkyard shall comply with the standards of the BOCA Building Code (see Chapter
40, Building Construction, Article
I, Adoption of Standards).
Any person operating a junkyard without obtaining a license as provided
for by this chapter or in violation of any of the requirements of this chapter
shall, upon conviction, be subject to a fine not less than fifty dollars ($50.)
nor more than six hundred dollars ($600.), plus costs of prosecution, or,
in default of payment thereof, to a term of imprisonment of not more than
thirty (30) days. Each day's violation shall be considered a separate offense.
The Board of Supervisors is hereby empowered to take any action at law
or equity to enforce the provisions of this chapter, and this chapter shall
in no way impair or restrict remedies otherwise provided by any other law
or ordinance.
The Board of Supervisors of the township or the duly authorized agent
thereof may at any time enter upon and inspect the licensed premises for which
an application under this chapter is pending.
Nothing in this chapter shall be construed to affect any suit or proceeding
pending an any court or any rights acquired or liability incurred or any permit
issued or approval granted or any cause or causes of action arising prior
to the enactment of this chapter.