[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 3-2-1966 by Ord. No. 57. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Forks Township
Junkyard Ordinance."
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates a different meaning.
Any motor vehicle outside of a fully enclosed building stored
for resale as junk metal; or stored for selling parts therefrom.
The Board of Supervisors of Forks Township.
Any discarded material or article and shall include, but
not be limited to scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, appliances, equipment, paper, glass, containers
and structures. It shall not include, however, refuse or garbage kept
in a proper container for the purpose of prompt disposal.
Any person, as herein defined, who shall sell, buy, salvage,
store and/or deal in junk and who maintains and operates a junkyard
within the Township of Forks.
Any place where any junk or abandoned or junked motor vehicles,
as herein defined, are stored, disposed of or accumulated.
The permit granted to a junk dealer as hereinbefore defined.
Every natural person, association, partnership or corporation.
Whenever used in any clause prescribing or imposing a fine, or penalty
of imprisonment in default thereof, the term as applied to association
shall mean any member thereof; as applied to partnerships shall mean
any partners thereof; and as applied to corporations shall mean the
President, Vice President, Treasurer or Secretary thereof.
Forks Township, Northampton County, Pennsylvania.
No person shall engage in business as a junk dealer in the Township
without first having obtained a license from the Township, for which
license the fee shall be as set forth from time to time by resolution
of the Board of Supervisors for each and every calendar year, and
such fee to be for the use of the Township. Such license shall be
renewed annually on or before the first day of January of each year,
provided that in any case where a person applies for a license as
a junk dealer in the Township on or after the first day of July in
any year, the license fee payable for the remainder of such year shall
be at 1/2 the yearly rate.
The license provided for in this chapter shall be issued by the Board after written application shall have been made therefor to the Secretary of Township by the person desiring to be licensed and if, upon inspection, the Board has determined that the premises to be licensed are in compliance with the regulations set forth in § 107-6 of this chapter. Such license shall state the name of the person to whom such license is issued and the premises on which such junkyard is to be maintained. Such license shall be posted conspicuously upon the premises licensed thereunder. The written application for licenses hereinabove mentioned shall be accompanied by a form, every question of which must be answered, which form will be supplied by the Board. The applicant shall also submit therewith a plot of the premises used or to be used in connection with such license.
No person shall engage in business as a junk dealer in any place
other than the place designated upon his license.
Every person licensed under this chapter shall constantly maintain
the licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this section and any
subsequent regulations adopted by the Board.
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored in 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 premises and to facilitate access to all parts of the
premises for fire-fighting purposes.
D.
No burning of junk shall be permitted at any time in a junkyard.
E.
All junk kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license hereunder and as limited under Subsection C above.
F.
The licensed premises shall be set back a minimum distance of feet as provided in the appropriate zoning district as set forth in Chapter 200, Zoning. The area between the setback line and the right-of-way line of all public streets and roads and all other property lines shall be kept clear and vacant.
[Amended 3-4-1999 by Ord. No. 250]
G.
The premises to be licensed shall, at the setback lines, be enclosed
by a building or a solid wall, solid fence or shrubs. Said wall, fence
or shrubs shall be at least six feet in height and, if shrubs, not
over 18 inches apart. Entrance and exit gates shall not exceed 25
feet in width total for combined entrance and exit purposes. The aforesaid
enclosure must be completed within three months after granting of
license.
Every junk dealer shall provide and shall constantly keep a
book, in which shall be written down in the English language at the
time of the purchase of any junk, a description of every article or
material purchased or received by him, the date and hour of such purchase
or receipt, and the person from whom such article or material was
purchased or received. Such book and all junk purchased, received
or handled by any junk dealer shall at all times be subject to the
inspection of the Forks Township Police and the Forks Township Supervisors.
Every junk dealer licensed under this chapter, shall keep and
retain upon the licensed premises, for a period of 48 hours after
the purchase or receipt of the same, all junk received or purchased
by him and he shall not sell, disturb or reduce the same or alter
the original form, shape or condition until such period of 48 hours
shall have elapsed.
Whenever any motor vehicle shall be received on such premises
as junk, all gasoline and oil shall be drained and removed therefrom
within eight hours of receipt of the same, and none shall be permitted
to remain upon the premises thereafter.
[Amended 3-4-1999 by Ord. No. 250]
Any person who violates or permits a violation of this chapter,
upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not less than $400 and not more than $600, plus
all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this chapter. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice and/or Court. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
