[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."
A.
In this chapter, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
B.
JUNK
JUNK DEALER
JUNKYARD
PERSON
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.
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).[1]
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 Northern York
Regional Police Department[1] for just cause. Such records shall be retained for a period
of five years.
[1]
Editor's Note: References to the "South Western Regional Police
Department" have been changed to "Northern York County Regional Police
Department" pursuant to an agreement authorizing participation in
said Department. The original agreement and any amendments thereto
are on file in the Township offices.
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:
A.
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.
B.
No garbage or other organic waste shall be stored
on such premises.
C.
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.
D.
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.
E.
Every structure erected upon the licensed premises
and used in connection therewith shall be of fireproof construction.
F.
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.
G.
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.
H.
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 Northern York Regional Police Department[1] 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 Northern York Regional Police Department
shall forthwith prosecute any discovered violation of this chapter.
The Northern York 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.
[1]
Editor's Note: References to the "South Western Regional Police
Department" have been changed to "Northern York County Regional Police
Department" pursuant to an agreement authorizing participation in
said Department. The original agreement and any amendments thereto
are on file in the Township offices.
Every junkyard in the Township of North Codorus
shall at all times be subject to inspection during reasonable hours
of the day by the Northern York Regional Police Department.[1] 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.
[1]
Editor's Note: References to the "South Western Regional Police
Department" have been changed to "Northern York County Regional Police
Department" pursuant to an agreement authorizing participation in
said Department. The original agreement and any amendments thereto
are on file in the Township offices.
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.
