[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-28-1967 by Ord. No. 16[1]]
This article shall be known and may be cited
as the "Athens Township Refuse and Refuse Collection Ordinance."
The following words shall, for purposes of this
article, have the following meanings:
The Board of Supervisors of Athens Township.
Any human excrement, including the product of human excrement,
such as the contents of any septic tank, dry cesspool or any by-product
thereof.
[Added 7-25-1990 by Ord. No. 75]
Any individual, partnership, association or corporation.
Any discarded material, ashes, paper, cardboard, glass material,
bottles, tin cans, table refuse, discarded animal and vegetable matter
and offal.
Any person who shall engage in the business of collecting
accumulations of junk, garbage or refuse from persons in the Township
of Athens, whether or not said refuse collector shall have an office
in Athens Township.
Athens Township, Bradford County, Pennsylvania.
[Amended 12-6-1990]
No person shall engage in business as a refuse
collector in the Township without first having obtained a license
from the Board of Supervisors, for which license the fee shall be
$50 for each and every calendar year. Such license shall be renewed
annually on or before the first day of January of each year. Such
sums shall be due and payable monthly to the Township of Athens, and
all such sums shall be deposited to the general funds of this Township.
The license provided for in this article shall
be issued by the Board after written application shall have been made
therefor by the person desiring to be licensed. The license shall
state the name of the person to whom such license is issued and the
premises on which business is to be conducted. Such license shall
be posted conspicuously upon the premises licensed. In the event that
the person obtaining a license shall not have an office in Athens
Township, then such license shall be posted upon a motor vehicle operated
in the Township by the refuse collector.
A.
No license issued by the Board shall be transferable by the licensee to any other person unless such transfer is authorized by the Board. Any person desiring to transfer a license shall notify the Board, in writing, which notification shall be accompanied by the application for a license, as described in § 99-4, by the transferee.
B.
In the event that the Board shall approve transfer
of a license, the transferee shall immediately pay to the Township
a transfer fee of $10 with respect to a refuse collector.
[Amended 12-18-1991 by Ord. No. 92]
[Amended 8-26-1970]
Every person who shall collect garbage in this
Township or who shall carry or transport garbage through the Township
shall collect, carry or transport the same in a motor vehicle which
shall at all times have a cover which shall be fastened in place while
said motor vehicle shall be in operation, with the garbage being enclosed
completely while said motor vehicle shall be in operation.
[Added 7-25-1990 by Ord. No. 75]
No refuse collector nor any other party shall
dispose of human waste at any site within Athens Township. Human waste
shall be disposed of at sites designated by Athens Township. Pending
further amendment, Athens Township hereby designates the plant of
the Valley Sewer Authority located in Athens Borough along the Susquehanna
River as its exclusive location for the disposal of human waste, sludge
or other by-products, except as hereinafter set forth.
[Amended 7-25-1990 by Ord. No. 75; 8-28-1996 by Ord. No.
128; 5-28-1997 by Ord. No. 133; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions
of this article shall be guilty of a summary offense. Upon conviction
thereof, such person shall be subject to a fine of not less than $300
nor more than $1,000. A new and separate offense shall be deemed to
have been committed for each day said violation exists. This remedy
shall not be exclusive and shall not be construed to affect any other
remedies which may exist at law.
A.
No person may keep or suffer to remain upon the premises
owned or occupied by him any refuse for a period longer than 10 days.
B.
No person shall:
(1)
Place or dispose of any refuse upon any premises not
owned or occupied by such person.
(2)
Throw, dispose of or permit to be blown by wind upon
premises of others any refuse originating from such person's residence
or commercial enterprise, excepting only upon an approved landfill
location as designated from time to time by the Supervisors of Athens
Township.
[Amended 7-25-1990 by Ord. No. 75]
No refuse may be brought into Athens Township
for the purpose of disposal within Athens Township. Refuse shall be
disposed of at an approved sanitary landfill location as designated
from time to time by the Township of Athens. Human waste shall only
be disposed of as set forth above. Sludge which is the product of
sewage waste shall only be disposed of at the Northern Tier Solid
Waste Facility in West Burlington Township or such other place in
Athens Township as the Township shall designate; any sludge disposed
of outside of Athens Township shall not be subject to the regulations
of the Township but shall be disposed of at such place or places as
the Commonwealth of Pennsylvania, Department of Environmental Protection,
shall approve.
[Amended 7-25-1990 by Ord. No. 75]
Any person physically residing within Athens Township may dispose of refuse originating from premises owned or occupied by such person by transporting such refuse to such landfill as is approved by the Supervisors of Athens Township from time to time, upon payment of such fees as fixed by the Supervisors of Athens Township as hereinafter set forth or as may be changed from time to time by resolution, § 99-3 hereof to the contrary notwithstanding. Human waste shall only be disposed of as set forth above.
A.
The following schedule of fees for use of any dumping
site or landfill approved and designated by the Supervisors of Athens
Township shall be paid by persons residing within Athens Township
(excepting licensed collectors):
B.
Any person or enterprise (excepting licensed collectors)
may, upon payment of $750 annually, purchase an unlimited load privilege
for the period of one year.
C.
The rate schedule herein set forth may be changed
by resolution from time time.
Upon demand by the Township Secretary giving
five days' notice, in writing, to a refuse collector, said refuse
collector shall produce for inspection all records of collection of
refuse in Athens Township to said Township Secretary. Records of said
collection shall be kept for a period of at least one year, including
the names of the persons from whom collections are made and the amounts
collected from them.
[Adopted 7-25-1990 by Ord. No. 78]
This article shall be known and may be cited
as the "Athens Township Junk Dealer and Junkyard Ordinance."
Unless the context clearly indicates otherwise,
the following words or phrases shall be construed in this article
to have the meanings below indicated:
The Board of Supervisors of Athens Township.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubbish, debris, waste, iron, steel and other or scrap ferrous or
nonferrous material; unlicensed, wrecked, burned, scrapped, ruined,
dismantled and unregistered motor vehicles maintained in one location
in excess of 15 days in such a fashion to constitute a nuisance or
a danger to the public; motor vehicles without a valid inspection
certificate maintained in one location in excess of 15 days in such
a fashion to constitute a nuisance or a danger to the public; and
mobile homes or parts thereof not readily habitable or in a state
of disrepair, whether or not they are set up or merely parked on the
property, which shall constitute a nuisance or a danger to the public.
[Amended 10-27-1993 by Ord. No. 108]
Any person, as hereinafter defined, who establishes, maintains,
uses or operates a junkyard, as hereinafter defined, within the Township
of Athens.
Any outdoor establishment or place of business or activity
which is maintained, used or operated for storing, keeping, buying
or selling junk, or scrap metal processing or for the storage of two
or more junked vehicles.
The permit granted to a junk dealer.
A natural person or an association, partnership, firm, corporation
or other business entity.
The use of any natural objects, plantings, embankments, fencing,
walls or structures, or a combination of any of these, which will
effectively hide any deposit of junk so as not to be visible from
the road, street or highway, at all times of the year, by an occupant
of a motor vehicle viewing from a height of 4 1/2 feet above
the pavement.
Athens Township, Bradford County.
[Amended 10-27-1999 by Ord. No. 158]
No person shall engage or continue to engage
in business as a junk dealer or establish or operate a junkyard in
the Township except as authorized by this article and without first
having obtained a license therefor from the Board. The license shall
be issued for a term of one year beginning July 1 and ending June
30 the same year and shall be renewed annually on or before the first
day of July of each year. Such license shall state the name of the
person to whom the license is issued and the location of the junkyard
premises used or intended to be used and shall be posted conspicuously
upon such premises.
A.
Application for a license or any renewal thereof shall
be made and filed, in writing, by the proposed licensee with the Secretary
of the Board, on a form supplied by the Board. The application shall
include the following information:
(1)
The name, address and length of residence at such
address of the applicant.
(2)
The address of the premises upon which such business
is to be conducted or upon which such junkyard is to be established
or operated.
(3)
The name of the owner or owners of said premises if
other than the applicant.
(4)
Whether the applicant has been convicted within a
period of three years prior to the filing of such application of any
crime involving the unlawful taking, receipt, use or other disposition
of a motor vehicle, or a part or parts thereof.
(5)
A statement that the applicant will comply with the
provisions of this article and any regulations adopted pursuant to
this article.
(6)
For renewal applications, a statement that the applicant,
during the proceeding term of his license, complied with and maintained
his premises in conformity with the provisions of this article.
(8)
A description of the grade or slope of the premises.
[Added 12-19-1990 by Ord. No. 82]
B.
If the applicant is a partnership or association,
the applicant shall furnish the above information for every member
thereof. If the applicant is a business corporation, the applicant
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.
[Amended 12-19-1990 by Ord. No. 82]
The Board, upon receipt of an application for a license under this article, 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, the effect of the proposed use and the effect of the grade or slope of the premises upon occupants thereof or the neighbors of the premises, 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 the Township. No license shall be issued until the requisite license fee has been paid, as established in § 99-19 of this article. Such license shall be issued upon the condition that the same may be summarily revoked in the event that the licensee is found to have given any false information or in any way misrepresented any material fact upon which the Board or its duly authorized agent has relied in granting such license.
Every junk dealer shall pay an annual license
fee for every license or renewal thereof issued hereunder. No abatement
of the annual license fee shall be made for any cause whatsoever.
No refund of the fee will be given in the event of the revocation
of a license by the Board. The amount of the license fee shall be
calculated in accordance with the following schedule by a determination
of the amount of land to be used by the junk dealer for a junkyard,
excluding all setback areas:
No person licensed under this article as a junk
dealer shall, by virtue of one license, establish, maintain, use or
operate more than one junkyard within the Township. No person shall
engage in business as a junk dealer in any place other than the place
designated upon his license or maintain a junkyard in any place other
than the place designated upon his license.
No license issued by the Board shall be transferable
or assignable by agreement, will, intestacy or otherwise.
Every junk dealer licensed under this article
shall constantly maintain the licensed junkyard premises in the manner
prescribed by this section and by any subsequent regulations adopted
by the Board:
A.
No premises shall be licensed under this article where
the grade or slope of the subject premises exceeds 7% in any area
in which vehicles shall be stored, parked, or loaded.
[Added 12-19-1990 by Ord. No. 82]
B.
Such premises shall at all times be maintained so
as not constitute a nuisance or a menace to the health of the community
or to residents nearby nor a place for the breeding of rodents and
vermin.
D.
Whenever any motor vehicle shall be received as junk
in the licensed junkyard premises, all gasoline shall be drained and
removed therefrom.
E.
Junk shall be stored and arranged in a neat and orderly
fashion, and the drainage facilities of the premises shall be such
as to prevent the accumulation of stagnant water upon the premises
and to facilitate access for fire-fighting and inspection purposes.
There shall be at least 16 feet of open space between each row of
junk. Junked motor vehicles may be stored end to end (a double row)
for purposes of application of this spacing requirement.
F.
A junk dealer licensed under this article shall not
burn more than one motor vehicle or its equivalent at one time. No
oil, grease, tires, gasoline or other similar material that might
be dangerous or tend to produce noxious smoke or odors shall be burned
within a junkyard at any time. Burning of vehicles must be attended
and controlled at all times, and any burning shall comply with the
requirements of the Department of Environmental Protection.
G.
The junkyard premises to be licensed shall be set
back a minimum distance of 25 feet from the right-of-way lines of
all abutting streets, roads or highways and a minimum distance of
100 feet from any existing dwelling house erected upon premises adjacent
to the licensed premises, but in any event not less than a minimum
distance of 25 feet from property lines of all adjacent properties
and a minimum distance of 30 feet from any river, stream, run, creek,
floodplain or other natural watercourse in the Township. The area
between the setback line and such right-of-way lines, other property
lines and natural watercourses shall be at all times kept clear and
vacant, free of weeds, debris and junk, including any motor vehicle
incapable of meeting state inspection requirements.
H.
No gasoline, oil or any other hazardous liquids or
substance shall be stored less than a minimum distance of 100 feet
from any river, stream, run, creek or other natural watercourse in
the Township.
I.
In no event shall any junk be kept, stored or accumulated
on a junkyard premises, nor shall any structure be erected to be used
in connection with a junkyard, within 500 feet of any existing church,
cemetery, school, playground, restaurant, motel or other place of
public use or accommodation, provided that nothing contained in this
subsection shall apply to existing structures used in connection with
junkyards presently established and operating which are otherwise
in compliance with the provisions of this article or to any junk presently
kept, stored or accumulated thereon.
J.
Screening shall be provided for any junkyard which is within 500 feet of the nearest edge of the right-of-way of an abutting public road, street or highway. Such screening shall be constructed, erected and/or maintained at a height of not less than six feet; shall be controlled by the setback provisions of Subsection F hereof; and shall be completed within 12 months after the effective date of this article, provided that if, in the sole and exclusive opinion of a majority of the Board, it should appear that the owner and/or operator of a junkyard situated within the Township has clearly demonstrated that he is making a continuing bona fide effort to comply with the screening 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 for the completion of such screening, upon receipt of a written letter from said owner or operator requesting such an extension of time.
K.
No more than three vehicles nor more than three major
parts thereof may be stacked on top of one another, not to exceed
the height of 12 feet.
L.
A person licensed under this article shall provide
designated off-street parking and loading facilities from a single
entrance off any adjacent street, road or highway, which facilities
shall have, at a minimum, a stone and gravel base, and which shall
be of a size sufficient to accommodate one parking space for the junk
dealer operating the junkyard and an additional space for each employee
of such junk dealer, plus a sufficient number of additional spaces
based upon the estimated number of patrons or customers to be served,
but in any event not less than:
Every junkyard premises maintained or proposed
to be maintained within the Township shall be subject to inspection
during reasonable hours of the day by any member of the Board or a
duly authorized agent thereof, who shall be and hereby is authorized
to make regular inspections of the junkyard premises of every licensee
or proposed licensee hereunder for the purpose of determining whether
said licensee has maintained and operated or will maintain and operate
his premises in full compliance with the provisions of this article
and such further regulations as may hereafter be adopted by the Township
regulating and licensing junk dealers and the establishment and maintenance
of junkyards. The Board or its duly authorized agent shall forthwith
prosecute any discovered violation of this article.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No.
133; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions
of this article shall be guilty of a summary offense. Upon conviction
thereof, such person shall be subject to a fine of not less than $300
nor more than $1,000. A new and separate offense shall be deemed to
have been committed for each day said violation exists.
In addition to the remedies provided in § 99-24 above, any continued violations of this article constituting a nuisance in fact or which shall, in the opinion of the Board, constitute a nuisance may be abated as such by proceedings against the violator by action in equity or law.
