[HISTORY: Adopted by the Board of Supervisors of the Township of
Antrim 5-26-1987 as Ch. 13, Part 1 of the 1987 Code of
Ordinances. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Antrim Township Junkyard
and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings herein indicated:
[Added 7-27-1999 by Ord. No. 260]
A vehicle that meets any one of the following criteria:
Is inoperable and is left unattended on public property for more than
48 hours; or
Has remained illegally parked on public property for a period of more
than 48 hours; or
Is without a valid registration plate or a certificate of inspection
or title and is left unattended on or along the street, highway, etc.
Vehicle and equipment used or to be used in construction or in the operation
or maintenance of public utility facilities, which are left in a manner which
does not interfere with the normal movement of traffic, shall not be considered
to be abandoned.
The Board of Supervisors of Antrim Township.
Any discarded material or article, which shall include but not be
limited to scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
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. One engaged primarily in the sale of used car parts and used cars
not in a condition to be driven on highways shall be classified under this
chapter as a "junk dealer."
Any motor vehicle not contained in a building, which is without either
a current inspection certificate or current registration plate; excluding
vehicles utilized in a bona fide farming operation or commercial enterprise.
[Added 7-27-1999 by Ord. No. 260]
Any person, as hereinafter defined, who shall engage in the business
of selling, buying, salvaging and dealing in junk, and who maintains and operates
a junkyard within the Township of Antrim.
Any place where any junk, as herein defined, is stored, disposed
of or accumulated.
The permit granted to a person who accumulates, stores or disposes
of junk as hereinbefore defined.
Any partnership, association, firm or corporation.
Antrim Township, Franklin County, Pennsylvania.
No person shall engage in business as a junk dealer or maintain a junkyard
without first having obtained a license from the Board, for which license
a fee in accordance with the schedule hereinafter set forth shall be paid
to the Township for the use of the Township. The license shall be issued for
the twelve-month period beginning July 1 and ending June 30 of the following
year, and each license must be renewed annually on or before the first day
of July of each year.
The license provided for in this chapter shall be issued by the Board
after written application shall have been made therefor by the person desiring
to be licensed. Such license shall state the name of the person to whom such
license is issued and the premises on which such business is to be conducted
or such junkyard is to be maintained. Such license shall be posted conspicuously
upon the premises licensed thereunder. The written application for license
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.
[Amended 7-27-1999 by Ord. No. 260]
Upon receipt of an application by the Board, the Board shall issue a
license or shall refuse to issue a license to the person applying therefor
after an examination of the application to determine whether the application
meets the requirements as set forth in this chapter.
A.
The license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be as set forth
from time to time by resolution of the Board of Supervisors.[1]
[Amended 7-8-1997 by Ord. No. 246]
B.
No license shall be issued for the use of a tract of
land in excess of 20 acres, excluding setback areas.
No person licensed under this chapter shall, by virtue of one license,
keep more than one place of business within the township or maintain more
than one junkyard, for the purpose of buying, selling and dealing in junk.
No person shall engage in business as a junk dealer in any place other than
the place designated upon his or her license or maintain a junkyard in any
place other than the place designed upon his or her license.
No license issued by the Board shall be transferable by the licensee
to any other person unless such a transfer is authorized by the Board. Any
person desiring to transfer his or her license shall notify the Board in writing,
which notification shall be accompanied by an application for a license, as
described in § 84-4 of this chapter, by the transferee.
[Amended 7-8-1997 by Ord. No. 246]
In the event the Board shall approve the transfer of a license, the
transferee shall immediately pay to the township a transfer fee in an amount
set forth from time to time by resolution of the Board of Supervisors.[1]
Every person licensed under this chapter shall at all times keep and
maintain upon the licensed premises a book in which shall be written in English
a record of all motor vehicles purchased, received or handled by said licensee,
and such record book shall at all times be available for inspection by any
official of Antrim Township or the Commonwealth of Pennsylvania.
Every person licensed under this chapter shall keep and maintain upon
the licensed premises, for a period of 48 hours after the purchase or receipt
thereof, all junk or used motor vehicles received or purchased by such licensee,
and he or she shall not disturb or reduce the same or alter the original form,
shape or condition thereof until such period of 48 hours shall have elapsed.
A.
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.
B.
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.
C.
No garbage or other offensive or unhealthful organic
waste shall be stored in such premises.
D.
Whenever any motor vehicle shall be received at such
premises as junk, all gasoline shall be drained and removed therefrom, and
such gasoline shall be stored as directed by the Pennsylvania State Police.
E.
The manner of storage and arrangement of junk and used
cars 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
for fire-fighting purposes.
F.
All junk and used cars kept, stored or arranged on the
licensed premises shall at all times be kept, stored and arranged with the
junkyard as described in the application for license hereunder, and as limited
under Subsection E above.
G.
No motor vehicles or parts thereof shall be burned at
any time or at the licensed premises.
H.
The premises to be licensed shall be set back a minimum
distance of 50 feet from the right-of-way lines on all streets or roads. The
premises to be licensed shall be set back 75 feet from all other property
lines unless written permission of the owner of the adjacent property is secured
and filed with the Supervisors permitting use nearer the property line than
75 feet. The area between the setback line and the right-of-way line of all
streets and roads and between the setback line and all other property lines
shall be at all times kept clear and vacant and planted with suitable ground
cover vegetation.
I.
The licensed premises shall be enclosed by a fence, at
the setback line, at least eight feet in height and not more than six inches
from the surface of the ground. Such fence shall be of a solid, non-see-through,
type. Evergreens may be planted to provide additional screening of the licensed
premises but shall not be used in lieu of a fence.
[Amended 7-10-1990 by Ord. No. 202]
A salvage pool operation, where monthly sale of salvage-consigned vehicles
is held, shall not be considered a "junk dealer", provided that the area where
the salvage vehicles are stored is fenced in and visually screened from view
and all sold vehicles are removed, within 15 days of sale.
[Amended 7-8-1997 by Ord. No. 246]
This chapter shall be enforced by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits
the violation of this chapter shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000 or by 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. Each section
of this chapter that is violated shall also constitute a separate offense.
[Amended 7-8-1997 by Ord. No. 246]
Before a license shall be issued to any person pursuant to this chapter,
the applicant for the same shall post bond with sufficient sureties with the
Secretary-Treasurer of Antrim Township to further secure compliance with the
provisions of this chapter. The amount of said bond shall be set forth from
time to time by resolution of the Board of Supervisors.
In addition to the remedies provided in § 84-14 above, any
continued violations of this chapter which shall constitute a nuisance in
fact or which shall, in the opinion of the Board, constitute a nuisance, may
be abated by proceedings against the violator in a court of equity for relief.
