[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard 8-7-1962 by Ord. No. 9 (Ch. 59 of the 1987 Code).
Amendments noted where applicable.]
The following words, when used in this chapter,
shall have the meanings prescribed to them in this section, except
in those instances where the context clearly indicates a different
meaning:
The Board of Supervisors of Girard Township, Erie County,
Pennsylvania.
Scrapped, abandoned or junked motor vehicles or parts thereof;
any motor vehicle which requires registration and inspection, which
vehicle is not operable and which has not been for a period of 60
days and is not then correctly registered and licensed for operation
upon the streets and highways of the Commonwealth of Pennsylvania;
any and all other used materials of wood or metal separated from their
original attachments; any and all wood, glass, paper, metal, machinery,
discarded lumber and building material and any and all kinds and sorts
of materials commonly described as "junk" or "scrap."
[Amended 7-5-1967]
Any place where junk or scrap is accumulated, disposed of,
stored or kept, except that the municipal dump, for the purpose herein,
shall not be deemed a "scrapyard" or "junkyard."
Every natural person, association, partnership or corporation.
The singular shall include the plural. Whenever used in connection
with prescribing or imposing a penalty, or both, the term, as applied
to partnerships, shall mean all partners or any of them, and as applied
to corporations or associations, shall mean the officers thereof.
Girard Township, Erie County, Pennsylvania.
No person shall establish, own, maintain or
operate a junkyard and scrapyard except in conformance with the provisions
of this chapter.
No owners or operators of junkyards and scrapyards
shall establish, operate or maintain a junkyard and scrapyard without
having been issued a license by the Township for such purposes.
No junkyard or scrapyard shall be established,
owned, maintained or operated except in a district zoned for heavy
industry, within a building constructed in compliance with the zoning
regulations or within a lot enclosed by a tight board fence or tight
corrugated metal or other similar material at least eight feet in
height, placed in compliance with the zoning regulations governing
buildings in heavy industrial districts, kept painted and in good
repair.
A.Â
Licenses as provided for in this chapter shall be
issued from October 1 to September 30, beginning October 1, 1962,
for a license period of one year on application by such person, made
on forms provided by the Township, containing such information as
the Township shall require.
No license under this chapter shall be issued
to those persons who have been convicted of the crime of receiving
stolen goods within the past five years. For the purpose of this section,
any executive officer of a corporation shall be deemed to be such
person.
No person shall maintain, establish, own or
operate a junkyard and scrapyard in any place other than the place
designated by the license.
Any license issued under the terms of this chapter
shall be transferable, with the approval of the Board, upon application
and payment of a transfer fee as set from time to time by resolution
of the Board of Supervisors.
No garbage or other organic waste shall be accumulated,
disposed of, kept or stored in any junkyard or scrapyard.
No junkyard and scrapyard shall be established,
operated, owned or maintained unless proper storm drainage for the
entire lot is provided.
No junked or scrapped vehicles shall be stacked
in any manner, and all such vehicles not within an enclosed building
shall be at least five feet away from the fence.
No automotive vehicles, internal-combustion
engines or parts thereof being junked or scraped shall be kept unless
the gasoline tank is capped and all fuel removed.
All burning shall be attended and controlled
and shall be in conformance with the Air Pollution Control Act[2] and regulations enacted thereunder.
No junkyard and scrapyard shall be operated
or maintained except from Monday through Saturday during the hours
of 7:00 a.m. to 9:00 p.m., Eastern standard time, except that during
the time when daylight savings time is in effect, the hours shall
be from 6:00 a.m. to 8:00 p.m., Eastern standard time.
A.Â
No gasoline shall be stored above ground in any junkyard
and scrapyard in excess of 10 gallons in approved containers, and
all other gasoline shall be stored in underground tanks or storage.
B.Â
Nonconforming uses: fencing junkyards. Regardless
of any provisions other of this chapter, every junkyard existing as
a nonconforming use shall, within two years after becoming nonconforming,
be completely enclosed within a continuous solid fence or evergreen
hedge found, on a determination of the Board of Supervisors, to be
of such height and character as to screen all operations of such establishments,
and which fence or hedge shall be maintained in full conformity with
any conditions attached to such approval. If a nonconforming use is
discontinued for a period of one year, it can no longer exist.[1]
C.Â
All objects with internal space large enough to contain
a person shall have all doors removed.
In addition to other penalties provided for
by this chapter, the violation of any of the terms or provisions of
this chapter shall be proper grounds for the revocation of any license
issued hereunder.
Junkyards and scrapyards must comply with all state and federal
regulations.
[Amended 7-14-1987 by Ord. No. 73[1]]
Any person, partnership, association or corporation
who shall own, maintain, establish or operate a junkyard or scrapyard
or permit the operation, establishment or ownership of a junkyard
and scrapyard on his premises without first obtaining a license therefor
or who shall violate or permit the violation of any other section
of this chapter 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, such person, partner, member of an association
or officer of any corporation 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.
