The purpose of this article is to prohibit,
regulate and license the establishment and maintenance of junkyards,
salvage yards and other places used and maintained for the collection,
storage and disposal of used or secondhand goods and materials in
order to promote and protect the health, safety and welfare of the
citizenry.
The Second Class Township Code confers the authority on the Board of Supervisors to prohibit,
regulate, and license junkyards.
No person shall operate a junkyard with the
Township of Upper Uwchlan without first obtaining a license from the
Township of Upper Uwchlan.
No person licensed under this article shall,
by virtue of one license, operate more than one business or junkyard
within Upper Uwchlan Township. No person shall engage in business
as a junk dealer in any other place other than the place designated
upon his license or maintain a junkyard in any other place than the
place designated upon his license.
Persons licensed under this article shall maintain
permanent records of all junk received in or removed from the junkyard
premises. The records shall state who delivered or who received the
junk, the date and time thereof and a description of the junk. The
records shall be open to inspection at all reasonable times by the
Board of Supervisors or representative thereof or the Upper Uwchlan
Township Police Department.
Junkyards and businesses licensed under this
article shall not operate between the hours of 9:00 p.m. and 6:00
a.m. prevailing time, except to remove any wrecked vehicle from any
public highway or road.
Persons licensed under this article shall keep
and retain upon the licensed premises, for a period of 48 hours after
the purchase or receipt thereof, all junk received or purchased by
them. The junk shall not be disturbed, reduced or altered from the
original shape, form or condition until the aforesaid forty-eight-hour
period has expired.
The Township of Upper Uwchlan may waive the requirements of §§
94-13 and
94-14 of this article for any junkyard legally in existence at the time of the enactment of this article; however, all such junkyards shall be required to obtain the required license within six months of the passage of this article as prescribed by this article.
The rules and regulations of this article shall
be enforced by the Township Manager of Upper Uwchlan Township, who
may, at his option, direct the Police Department to enforce the article's
provisions.
The purpose of this article is to prohibit the
open storage of junk or junked vehicles on private or public land
within the Township of Upper Uwchlan and to establish regulations
and procedures for the abatement of the same.
In the event that the offending property is not repaired, removed or abated within the prescribed length of abatement period as defined in §
94-27 of this article, Upper Uwchlan Township may cause the same to be done and collect the cost thereof from the responsible person, together with a penalty of 10% and any and all legal fees incurred, in the manner provided by law for the collection of municipal claims or, by action of assumpsit, seek relief by action in equity.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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 article that is violated
shall also constitute a separate offense.
The remedies provided herein for the enforcement
of this article or any other remedy provided by law shall not be mutually
exclusive. Rather, any and all remedies may be applied simultaneously
or consecutively at the option of Upper Uwchlan Township's Board of
Supervisors.