[HISTORY: Adopted by the Board of Supervisors of the Township of North Codorus 3-5-1986 by Ord. No. 93-86. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Junk Dealer and Junkyard Ordinance of North Codorus Township."
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
As used in this chapter, the following terms shall have the meanings indicated:
- Discarded materials, articles or things possessing value in part, gross or aggregate and including but not limited to scrapped motor vehicles which are inoperable and do not have a current and valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania, but not including garbage or other organic waste, or farm machinery, provided that said farm machinery is used in connection with a bona fide farming operation.
- JUNK DEALER
- Any person, partnership, association or corporation engaged in the business of selling, buying or dealing in junk, including but not limited to buying, selling and dealing in junked or scrapped motor vehicles or parts removed from scrapped motor vehicles, or otherwise engaging in the operation of an automobile graveyard as provided in the Act of May 1, 1933, P.L. 103, Article VII, Section 702, cl. LVII, as amended (53 P.S. § 66532).
- Any place or establishment where junk is stored or accumulated on the outside of any building, edifice or structure that is enclosed on all sides or where the business of selling, buying or dealing in junk is carried on or where two or more motor vehicles are stored which are unlicensed, inoperable and do not have a current and valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania.
- Any natural person, association, partnership, firm or corporation.
On and after the effective date of this chapter, no person shall engage or continue to engage in business as a junk dealer or establish or operate a junkyard in the Township of North Codorus except as authorized by this chapter and without first having obtained a license therefor from the Board of Supervisors of the Township of North Codorus.
Application for such license shall be made in writing under oath and in the form prescribed by the Board of Supervisors of the Township of North Codorus and shall contain the name of the applicant, his address, his length of residence at such address, his previous criminal record, if any, the address of the premises upon which such business is to be conducted or upon which such junkyard is to be established or operated, the name of the owner or owners of said property if other than the applicant, and, upon any subsequent applications, a statement that the applicant, during the preceding term of his license, did comply with and did maintain his premises in full compliance with the provisions of this chapter. Each application shall describe the premises upon which the junkyard is to be established or operated, specifying therein setback lines, structures erected thereon, dwellings erected upon premises adjacent to the premises proposed to be used and a reference to the place where the deed is recorded. If the applicant is a partnership or association, the application shall furnish the above information for every member thereof. If the applicant is a business corporation, the application shall furnish the above information for each officer and director thereof. The application shall be signed by the applicant if an individual, by all members if the applicant is a partnership or association and by the president and secretary if the applicant is a business corporation. A separate application shall be required for each junkyard conducted by a junk dealer.
Every junk dealer shall pay an annual license fee as set from time to time by resolution of the Board of Supervisors for every license or renewal thereof issued hereunder. All licenses shall be issued for a term of one year, beginning January 1 of each year and ending December 31. No abatement of the annual license fee shall be made for any cause whatsoever. All licenses must be renewed annually on or before the first day of January of each year. Such license shall be issued upon the condition that the same may be summarily revoked in the event that said licensee is found to have given any false information or in any way has misrepresented any material fact upon which the issuing authority has relied in granting such license. No refunds will be given in such case.
The Board of Supervisors of the Township, upon receipt of an application for license under this chapter, shall determine whether or not a license shall be issued or a renewal thereof shall be granted after an examination of the application and upon the fullest consideration of the suitability of the premises proposed to be used for the purposes of the license, the character of the property adjacent thereto and the effect of the proposed use, taking into consideration the health, welfare and safety of the residents of the Township and any potential hazard which may result to adjacent properties and structures thereon or to the citizens of North Codorus Township. Upon approval of the application for license, the Board of Supervisors of the Township shall issue to the applicant a license, upon which said license shall be designated the name of the junk dealer and the address of the premises approved by use as a junkyard. Such license shall be at all times conspicuously posted upon the premises licensed thereunder. No such license issued by the Board shall be transferable or assignable by agreement, will, intestacy or otherwise.
No license or renewal of license shall be issued to any person who, within the three years immediately preceding the date of his application, shall have pleaded guilty, entered a plea of nolo contendere or been found guilty in a court of competent jurisdiction in this or any other state or federal jurisdiction of forgery, embezzlement, obtaining money under false pretenses, extortion, conspiracy to defraud, bribery, odometer tampering or any other crime involving moral turpitude.
Every licensee hereunder shall provide and shall at all times keep and maintain records, in the English language, of the time of his purchase, acquisition or receipt of junk, a full and complete description, including trace names, serial or manufacturer's numbers, if any, of every article or item of junk purchased, acquired or received by him, the date of such purchase, acquisition or receipt and the name and address of the person from whom such article or item of junk was purchased, acquired or received. Such written records shall at all times be subject to the inspection of the Southwestern Regional Police Department for just cause. Such records shall be retained for a period of five years.
Every licensee hereunder shall keep and retain upon the licensed premises for a period of 24 hours after the purchase, acquisition or receipt thereof, every item or article of junk so purchased, acquired or received by him and placed on the licensed premises.
Every licensee hereunder shall constantly maintain the licensed premises in the manner hereinafter prescribed:
Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health and welfare of the community or to residents nearby or a place for the breeding of rodents and vermin.
No garbage or other organic waste shall be stored on such premises.
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 licensed land and to facilitate access for inspection purposes and fire fighting.
No junk shall be stored or accumulated nor shall any structure be erected within 25 feet of the side and rear lines of the licensed premises nor within 75 feet of any existing dwelling house erected upon premises adjacent to the licensed premises; nor shall any junk be stored or accumulated or any structure be erected that is used in connection with said junkyard within 40 feet of that line of the licensed premises abutting a public street or highway within the Township of North Codorus, provided that, in cases where two or more lines of the licensed premises abut public streets or highways within the Township, one line only of such premises shall be governed by the above-provided setback of 40 feet, provided that nothing contained in this subsection shall apply to existing structures pertaining to and being used in connection with junkyards presently established and operating.
Every structure erected upon the licensed premises and used in connection therewith shall be of fireproof construction.
The premises shall be enclosed by a metal chain link fence of fourteen-and-one-half-gauge wire with openings no greater than two inches by two inches and supported upon steel posts or, in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. The erection of such fence or wall shall be controlled by the setback provisions of Subsection D hereof. Such fence or wall shall not be less than six feet in height, nor shall two or more vehicles or major parts thereof be stacked on top of one another or otherwise as to protrude above it within 30 feet of the side of the fence required by this chapter, and in no event shall the stack of vehicles exceed 20 feet in height. The erection of said fence shall be completed within 12 months after the effective date of this chapter. If, in the sole and exclusive opinion of a majority of the Board of Township Supervisors, it should appear that the owner and/or operator of a junkyard situated within the Township has, clearly demonstrated that he or she is making a continuing bona fide effort to comply with the fencing provisions of this subsection, then and in such event the Board may, in its sole discretion, grant an extension of time to such owner or operator of a junkyard for the completion of the erection of said fence, upon receipt of a written letter from said junkyard owner or operator requesting such an extension of time. It is further provided that the foregoing fencing provisions shall be applicable only to that portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion of land is not being used for the storage of junk as defined in this chapter.
The land area between the above-provided chain link fence or wall and any public highway, street or avenue shall be implanted with shrubbery, bushes and evergreens at reasonable intervals between each such plant.
No flammable liquid shall be permitted to remain in any junked container, whether the container is a separate item or is an integral part of another item, at any time. Flammable liquids such as gasoline, diesel fuel and grease shall not be dumped onto the ground.
The Southwestern Regional Police Department shall from time to time regularly inspect the premises of every licensee hereunder for the purpose of determining whether said licensee has established and maintained his premises in full compliance with the provisions of this chapter and such rules and regulations which may hereafter be adopted by the Township of North Codorus regulating and licensing junk dealers and the establishment and maintenance of junkyards. The Southwestern Regional Police Department shall forthwith prosecute any discovered violation of this chapter. The Southwestern Regional Police Department shall, not less than twice yearly, furnish to the Township Board of Supervisors a report of such inspections, the same to be in writing and in the form prescribed by the Board of Supervisors of the Township of North Codorus.
Every junkyard in the Township of North Codorus shall at all times be subject to inspection during reasonable hours of the day by the Southwestern Regional Police Department. To facilitate such inspection and fire control, all junk therein shall be arranged and maintained in a neat and orderly fashion. All of such junk, vehicles and other junk are to be arranged in rows with a minimum of 20 feet of clear space between each row and each of said rows to be no greater in width than 40 feet.
No burning of junk, rubbish or other material in connection with said junkyards shall be ignited or otherwise commenced except in accordance with Chapter 79, Burning, Open, and any amendments thereto, which chapter is incorporated herein by reference thereto.
No junk, scrap or automobile bodies, motors or any other item of junk as defined in this chapter shall be stored, maintained, situated, placed or otherwise located within 20 feet of any river, stream, run, creek, irrigation ditch or any other natural watercourse within the boundary lines of North Codorus Township, provided that nothing contained in this section shall apply to existing junkyards presently established and operating.
No junkyard as defined in this chapter shall be granted a license under the provisions hereof unless 15 off-street parking places are provided within the property owner's boundary lines.
[Amended 3-15-1989 by Ord. No. 108-3-89]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
This chapter shall become effective five days after enactment as provided in the Second Class Township Code with the exception, however, of the provisions for the erection of a fence as provided in § 116-10F.