[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown at time of adoption of Code (see Ch.
1, General Provisions, Art. I). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a salvage yard or other place used and maintained
for the collection, accumulation, storage or disposal of used or secondhand
goods or material, and expressly includes a salvage yard or other
place used in conjunction with or part of a garage or service station
operation.
Includes any person, firm or corporation owning or having
a present interest in any real estate in the Borough of Abbottstown,
of any nature.
No persons shall use, permit, or suffer to be
used any portion of real estate in which that person has an interest
for the establishment or maintenance of a junkyard within 1,500 feet
of a church, cemetery, school, playground, ball park, road, highway,
alley or place of public resort unless all of the goods and material
of the junkyard are contained and stored entirely within a substantial
building or other structure which is not of an unsightly appearance,
or unless the junkyard has been in continuous operation since prior
to October 21, 1959. No persons shall use or permit to be used any
portion of real estate in which that person has an interest for the
establishment or maintenance of a junkyard which constitutes a noxious
or offensive business, or would constitute a noxious or offensive
business if established or maintained.
No person may establish or operate a junkyard
without obtaining from the Permit Officer a license therefor.
Upon application for a license, the Permit Officer shall cause inspection to be made of the premises proposed to be used for the junkyard and described in the application. After such inspection, the Permit Officer shall make a finding of whether or not granting the license would result in a violation of § 134-2. If the finding is to the effect that granting a license will not violate any provision of this chapter, the Permit Officer shall issue a license for the term of one year from the date of issuance. The license shall be renewed annually by the Permit Officer if, after investigation by the Permit Officer, it is found that no provisions of this chapter have been violated.
The license issued under the provisions of this
chapter shall be conspicuously displayed on the interior of a building
on the licensed premises during the entire term of the license.
All junkyards licensed under the provisions
of this chapter shall be kept in a neat and orderly manner.
The Permit Officer may, at any time, upon finding
that the provisions of this chapter have been violated by a licensed
junkyard, revoke the license of the junkyard so violating this chapter.
No person shall use, or allow to be used, the
real estate in which that person has an interest, for the burning
of wrecked or junked motor vehicles or parts thereof.
Any junkyard which violates the provisions of
this chapter is hereby declared to be an obnoxious and offensive business,
detrimental to the health, safety and comfort of the inhabitants of
the Borough and to the public in attendance at places of public resort
mentioned herein, and is hereby declared to constitute a public nuisance.
Any person who violates any provision of this
chapter shall, upon conviction before the Magisterial District Judge,
be subject to a fine of not more than $1,000, plus costs of prosecution,
and, in addition, shall be liable to pay 110% of the cost of removal
of material deposited or stored in violation of this chapter. In default
of payment of fine and costs, and cost of removal of materials aforesaid,
a person convicted hereunder shall undergo imprisonment in the Adams
County Jail for a period of not more than 30 days.
