[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen 9-12-1979 as Ord. No. 277. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Upper Allen Township Junk Dealer and Junkyard Ordinance of 1979."
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 and inoperable motor vehicles and parts thereof, but not including garbage or other organic waste or farm machinery, provided that said farm machinery is used in connection with a bona fide agricultural business, or objects or materials accumulated on any premises as the by-products, waste or scraps of a legitimate business, other than a junkyard as defined in this chapter, conducted thereon.
- JUNK DEALER
- Any person who shall be engaged in the business of collecting, accumulating, buying, selling, storing, disassembling, treating or processing for scrap automobiles not fit for highway use, secondhand building materials, rags, bottles, scrap paper and all other items not intended to be repaired for reuse.
- Any place or establishment where junk is stored or accumulated out of doors or in any manner other than within a building, edifice or structure that is enclosed on all sides, where the business of selling, buying or dealing in junk is carried on or where ten (10) or more motor vehicles which are unlicensed, inoperable and do not have a current and valid inspection sticker as required by the Motor Vehicles Laws of the Commonwealth of Pennsylvania are stored out of doors; but not including any place where inoperable motor vehicles intended to be repaired are stored for a period not in excess of thirty (30) days in connection with a bona fide automotive repair business.
- Any natural person, association, partnership, firm or corporation.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
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 Upper Allen except as authorized by this chapter and without first having obtained a license therefor from the Board of Commissioners of the Township of Upper Allen.
Application for such license shall be made in writing, under oath and in the form prescribed by the Board of Commissioners of the Township of Upper Allen, and shall contain the name of the applicant, his/her address, his/her length of residence at such address, his/her 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 and 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/her license, did comply with and did maintain his/her 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 or person operating or maintaining or intending to establish or maintain a junkyard shall pay an annual license fee as shall be set, from time to time, by resolution of the Board of Commissioners for every license or renewal thereof issued hereunder. The current fee resolution shall be on file with the Township Secretary. All licenses shall be issued for a term of one (1) year, beginning July 1 and ending June 30 of the following year. 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 July 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 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 Commissioners 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 Upper Allen Township. Upon approval of the application for license, the Board of Commissioners of the township shall issue to the applicant a license upon which said license shall be designated the name of the 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 five (5) years immediately preceding the date of his/her application, shall have been convicted for any felony or misdemeanor crimen falsi.
Every licensee hereunder shall provide and shall at all times keep and maintain records in the English language of the time of his/her purchase, acquisition or receipt of junk, a full and complete description, including trade names, serial or manufacturer's numbers, if any, of every article or item of junk purchased, acquired or received by him/her, the date and approximate hour 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 Township Chief of Police for just cause. Such records shall be retained for a period of five (5) years.
Every licensee hereunder shall keep and retain upon the licensed premises, for a period of twenty-four (24) hours after the purchase, acquisition or receipt thereof, every item or article of junk so purchased, acquired or received by him/her and placed on the licensed premises. The licensee shall not disturb or reduce or alter the original form, shape or condition of the same until such period of twenty-four (24) hours shall have elapsed.
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 twenty-five (25) feet of the side and rear lines of the licensed premises nor within seventy-five (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 forty (40) feet of that line of the licensed premises abutting a public street or highway within the Township of Upper Allen, provided that in cases where two (2) or more lines of the licensed premises abut public streets or highways within the township, one (1) line only of such premises shall be governed by the above-provided setback of forty (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 constructed of good heavy-duty steel 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 (6) feet in height, nor shall two (2) or more vehicles or major parts thereof be stacked on top of one another or otherwise as to protrude above it. The erection of said fence shall be completed within twelve (12) months after the effective date of this chapter. If, in the sole and exclusive opinion of a majority of the Township Board of Commissioners, it should appear that the owner and/or operator of a junkyard situate within the township have clearly demonstrated that they are 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.
The Township Chief of Police 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/her premises in full compliance with the provisions of this chapter and such rules and regulations which may hereafter be adopted by the Township of Upper Allen regulating and licensing junk dealers and the establishment and maintenance of junkyards. The Township Chief of Police shall forthwith prosecute any discovered violation of this chapter. The Township Chief of Police shall not less than twice yearly furnish to the Township Board of Commissioners a report of such inspections, the same to be in writing and in the form prescribed by the Board of Commissioners of the Township of Upper Allen.
Every junkyard in the Township of Upper Allen shall at all times be subject to inspection during reasonable hours of the day by the Township Chief of Police. To facilitate such inspection, 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 twenty (20) feet of clear space between each row and each of said rows to be no greater in width than forty (40) feet.
No junk, scrap or automobile bodies, motors or any other item of junk, as defined in this chapter, shall be stored, maintained, situate, placed or otherwise located within twenty (20) feet of any river, stream, run, creek, floodplain, wetlands, groundwater recharge area, public water watershed, public utility groundwater pumping facility, private well, irrigation ditch or any other natural watercourse within the boundary lines of Upper Allen Township.
No junkyard, as defined in this chapter, shall be granted a license under the provisions hereof unless off-street parking is provided within the property owner's boundary lines.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than one thousand dollars ($1,000.) and costs of prosecution and, in default of payment thereof, to imprisonment for not more than thirty (30) days, provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.