[HISTORY: Adopted by the Board of Supervisors of Falls Township 12-27-1984 by Ord. No. 84-7. Amendments noted where applicable.]
Licensed businesses — See Ch. 145.
Except where otherwise indicated by context, the following definitions shall apply in the interpretation and enforcement of this chapter:
- BUSINESS PREMISES or PREMISES
- The area of a junkyard as described in a junk dealer's license or application for a license, as provided for in this chapter.
- The Falls Township Department of Community Development.
- The Director of the Falls Township Department of Community Development.
- FIRE MARSHAL
- The duly appointed Fire Marshal of the township.
- Old iron, steel, brass, copper, tin, lead or other base materials; old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or other glass; bones; plastics, wastepaper and other waste or discarded material which might be prepared to be used again in some form; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts.
- JUNK DEALER
- A person who operates a junkyard, as defined above within the township.
- JUNK YARD
- A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Township of Falls, Bucks County, Pennsylvania.
It shall be unlawful for any person to maintain a junkyard in the Township of Falls, whether personally, by agents or employees, singly or along with some other business or enterprise, without first having obtained a license therefor from the Director of the Department of Community Development with the approval of the Fire Marshal in accordance with the provisions of this chapter. Any person who operates or maintains more than one junkyard within the township shall be required to have in effect a separate license for each yard.
It is hereby made the duty of the Director to enforce or aid in the enforcement of all provisions of this chapter, and for this purpose any of the above members of the Department or their duly authorized representatives shall have the right and are hereby empowered to enter upon any premises on which any business subject to the provisions of this chapter is located, or about to be located, and inspect the same at any reasonable time. The Department is further empowered to issue orders granting, renewing and revoking any license provided for in accordance with the provisions of this chapter.
An applicant for license under this chapter shall file with the Director a written application, signed by himself if an individual, by all partners if a partnership and by the president or chief officer if a corporation or other organization, upon forms provided by the Director. The application shall include the following as a minimum:
A description or plan sufficient to identify the property and the size of the property on which the junkyard is to be conducted, and the area presently being used for operation of said junkyard.
A detailed description of the operation proposed to be conducted, or being conducted.
An agreement that the owner of the property and the operator, or proposed operator, of the junkyard will provide the security required by Subsection B below.
A check or cash for the amount of the license fee for one year as herein provided.
An applicant for a junkyard license shall execute and deposit with the Township of Falls either cash or a bond with surety of a reputable insurance company in the amount of $1,000, such bond to be conditioned to insure that operation of the junkyard shall be in strict compliance with the terms of this chapter and with all other governmental laws, ordinances, rules and regulations. A cash deposit will be deposited in an interest-bearing escrow account, with interest accruing to the township.
Upon receipt of an application for a junkyard license as provided for herein, the Director shall cause an investigation to be made of the applicants business responsibility. The proposed or existing premises and equipment with which the junkyard is being or is to be operated shall be examined by the Director or his duly authorized representatives. If the Director finds that the applicant's business responsibility is satisfactory and that the proposed or existing buildings or equipment with which the junkyard is being or is to be operated conform to the requirements of the Building Code, Zoning Ordinance, the requirements of this chapter and other applicable laws or ordinances, a license shall be issued to the applicant upon payment of the fee prescribed by this chapter.
Any license or renewal license issued hereunder shall be effective as of the date of its issue and shall expire at the end of the calendar year.
An applicant for a renewal license shall file with the Director a written application upon forms provided by the Director, signed and sworn to in the same manner required in the case of an original application with the fees as provided by this chapter.
The annual fee to be paid for any license or renewal license issued hereunder shall be $200.
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 junkyard license shall be used at any location other than the one described in the application upon which it was issued.
Whenever the operation or maintenance of a junkyard is discontinued or abandoned, the operator and the owner of the land shall both be responsible for the removal of all junk and the cleaning up on the site. If they fail in this task, the township may perform it or have it performed by others and may collect the cost thereof from the licensee and/or from the security which it holds and/or by exercising any other remedy at law or equity.
The following general operating requirements shall apply to all junkyards licensed in accordance with the provisions of this chapter:
The license issued pursuant to this chapter shall be plainly displayed on the business premises.
The junkyard, together with the things kept therein, shall at all times be maintained in a sanitary condition.
No space not covered by the license shall be used in the licensed business.
No water shall be allowed to stand in any place on the premises in such a manner as to afford a breeding place for mosquitoes.
Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches.
No refuse or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises. unless such refuse is junk, as defined herein, and is in use in the licensed business.
No junk shall be allowed to rest upon or protrude over any public street, walkway or curb or become scattered or blown off the business premises.
Junk shall be stored in piles not exceeding 10 feet in height and shall be arranged so as to permit easy access to all such junk for fire-fighting purposes.
No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard.
Gasoline and oil and radiator water shall be drained into containers from any scrapped engines or vehicles on the premises, and are not permitted to be drained on the ground. The containers of this effluent must be removed from the premises.
No junk or other materials shall be burned on the premises in any incinerator not meeting the requirements of the Building Code and the regulations pertaining to incinerators in the Commonwealth of Pennsylvania; and no junk or other materials shall be burned on the premises in the open.
No noisy processing of junk or other noisy activity shall be carried on in connection with the licensed business on Sunday, Christmas Day, Thanksgiving Day or at any time between the hours of 6:00 p.m. and 7:00 a.m.
The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid, vertical wall or fence, to be opaque, constructed of wood, metal, plastic or masonry, with a minimum height of 10 feet measured from ground level. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business. All materials for fences and/or walls must be in good condition, and the fences or walls must be constructed in a workmanlike manner.
The licensee shall permit inspection of the business premises by any member or representative of a member of the Department at any reasonable time.
No junkyard dealer licensed hereunder or his agent or employee shall purchase or receive any junk for use in the licensed business from any person under the age of 21 years without the written consent of a parent or guardian of such person. Such writing shall be held available for inspection by any member or representative of a member of the Department for a period of at least one year.
No junkyard shall be allowed to become a nuisance; nor shall any junkyard be operated in such a manner as to become injurious to the health, safety or welfare of the community or of any residents close by; nor in violation of the law.
The operator shall keep a log book of the title numbers and make of all junked automobiles and trucks and the date that they were obtained and the date they were junked.
The Director or his duly authorized representatives shall inspect the junkyards of all junk dealers licensed under this chapter at least once a year to determine whether such yards are being operated in accordance with the laws of this chapter and other applicable provisions of law.
When the Director determines that the public interest so requires, it shall revoke or suspend the license of any junkyard when it finds, after due investigation, that:
The junk dealer or any agent or officer of such dealer who takes part in the operation of the licensed yard is not capable of operating the licensed yard or carrying on the licensed activity in a good manner consistent with public health, safety and welfare.
The junk dealer has failed to comply with the provisions of this chapter or any provision of civil or criminal law applicable to the premises, equipment or operation of the licensed business.
The licensee has obtained his license through any fraud or misstatement.
The licensed yard or activity is being conducted in a manner detrimental to the health, safety or general welfare of the public or is a nuisance or is being operated or carried on in any unlawful manner.
Any person aggrieved by an order of the Director granting, denying, renewing or revoking a license for a proposed or existing yard or activity subject to the provisions of this chapter may file a written request for a hearing before the Board of Supervisors within 10 days after issuance of such order. The Board of Supervisors shall give notice of a public hearing upon this request to be held in not less than 30 days after service of the notice of the person requesting the hearing. The Director shall also give notice of the hearing to other persons directly interested in the order in question. At such hearing the Board of Supervisors shall determine whether the granting, denial, renewal or revocation of the license was in accordance with the provisions of this chapter and shall issue an order which will be filed with the Township Secretary and served upon all parties appearing or represented at said hearing.
Any person maintaining a junkyard within the township on the effective date of this chapter shall have a period of 90 days after such effective date to comply with the provisions of this chapter.
[Amended 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates or permits a violation of this chapter shall be subject to a civil enforcement proceeding and, upon conviction, shall be sentenced to pay a civil penalty of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. Further, the appropriate officers or agents of the township are hereby authorized to file a complaint for such violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter. Each day that such violation is continued after notice shall constitute a new and separate offense, punishable by like civil penalty; and further notices to the offender shall not be necessary in order to constitute such continuance as an additional offense or offenses.