[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.]
GENERAL REFERENCES
Nuisances — See Ch. 133.
Vehicles and traffic — See Ch. 188.
Zoning — See Ch. 200.
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:
BOARD
The Board of Supervisors of Girard Township, Erie County, Pennsylvania.
JUNK or SCRAP
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]
JUNKYARD and SCRAPYARD
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."
PERSON
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.
TOWNSHIP
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
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.
B. 
An annual license fee, as set from time to time by resolution of the Board of Supervisors, shall be charged and shall accompany such application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
In the event that the application is refused, the license fee shall be returned to the applicant minus a sum, as set from time to time by resolution of the Board of Supervisors, for the processing of said application.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
All burning shall be attended and controlled and shall be in conformance with the Air Pollution Control Act[2] and regulations enacted thereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 35 P.S. § 4001 et seq.
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. 
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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
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.
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).