[HISTORY: Adopted by the Board of Commissioners of the Township of
Penn 9-20-1976 by Ord. No. 280. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Penn Township Junk
Dealer and Junkyard Ordinance."
A.
HIGHWAY
JUNK
JUNK DEALER
JUNKYARD
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
A highway within this commonwealth designated by the Secretary of
Transportation, a highway designated as a public road duly adopted by the
Commissioners of the Township of Penn or a private road within the corporate
limits of the Township of Penn.
[Added 6-15-1998 by Ord.
No. 703]
Scrap, copper, brass, rope, rags, batteries, paper, trash, rubber
debris, waste, iron, steel and other old or scrap ferrous or other nonferrous
materials, including wrecked, scrapped, ruined, dismantled or junked motor
vehicles or parts thereof, including motors, bodies of motor vehicles and
vehicles which are inoperable and do not have a current and valid inspection
sticker as required by the Motor Vehicle Code of the Commonwealth of Pennsylvania,
but not including garbage or other organic waste or farm machinery, provided
that said farm machinery is used in connection with a bona fide farming operator.
[Amended 6-15-1998 by Ord.
No. 703]
Any person who shall engage in the business of selling, buying or
dealing in junk in Penn Township, and/or any person who shall store or keep
upon his or another's premises two or more motor vehicles which are unlicensed
and inoperable and do not have a current and valid inspection sticker as required
by the motor vehicle laws of the Commonwealth of Pennsylvania.
Any outdoor establishment or place of business which is maintained,
used or operated for storing, keeping, buying or selling junk, and the term
shall include recycling facilities, resource-recovery facilities, transfer
stations and scrap metal reprocessing facilities and automotive dismantlers
and reprocessers.
[Amended 6-15-1998 by Ord.
No. 703]
Any natural person, association, partnership, firm or corporation.
B.
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 Penn, except as authorized by this chapter,
without first having obtained a license therefor from the Board of Commissioners
of the Township of Penn.
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 Penn
and shall contain the name of the applicant, his address, his length of residence
at such address, his 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, 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 license,
did comply with and did maintain his 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.
[Amended 11-24-1997 by Ord.
No. 689]
A bond in the penal sum as set from time to time by resolution of the
Board of Commissioners shall accompany every application for license. The
bond shall be executed by a surety company authorized by the laws of Pennsylvania
to transact business within the Commonwealth of Pennsylvania. The township
may, in lieu of such surety bond, accept a bond executed by the applicant
for license if such bond is secured by the deposit with the Township Secretary
of a cashier's check, treasurer's check or certificate of deposit of a banking
institution in the total sum as set from time to time by resolution of the
Board of Commissioners. The bond shall be renewed and refiled annually, not
later than January 1 of each year. The bond shall be executed in favor of
the Township of Penn and shall be for the use of the township. The term of
the bond shall be for one year. It shall be the condition of the bond that
if, upon and after the issuance of such license, said licensee shall fully
and faithfully observe and comply with the provisions of this chapter and
any rules or regulations promulgated by virtue hereof by the Township Board
of Commissioners, then the obligation of said bond shall be void; otherwise,
it shall remain in full force, virtue and effect.
[Amended 11-24-1997 by Ord.
No. 689]
Every junk dealer shall pay an annual license fee, as set from time
to time by resolution of the Board of Commissioners, for every license or
renewal thereof issued hereunder. All licenses shall be issued for a term
of one year, beginning January 1 and ending December 31 of the same 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 January
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 Penn Township. Upon approval of the application
for license the Board of Commissioners of the township shall issue to the
applicant a license, upon which license shall be designated the name of the
junk dealer and the address of the premises approved for use as a 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 licensee hereunder nor any person shall operate upon any of the streets, roads, alleys and ways of the Township of Penn, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk. No licensee hereunder shall engage in business as a junk dealer in any place other than the place designated upon his license, provided that if a junk dealer desires to operate more than one junkyard, a separate license shall be obtained for each additional junkyard by filing therefor a separate application and a separate bond and paying therefor the license fee provided in § 104-6 hereof.
A.
No license or renewal thereof shall be issued to any person who
has been twice convicted of a violation of any of the terms and provisions
of this chapter within any one license period (one year). B. No license or
renewal of license shall be issued to any person who, within the five years
immediately preceding the date of his application, shall have been convicted
for any felony or misdemeanor or crimen falsi.
Any applicant whose initial or renewal application for license shall be denied for cause as hereinbefore specified and every person who shall engage or continue to engage in business as a junk dealer in violation of any of the terms and provisions of this chapter or who shall keep or store upon his or other premises two or more motor vehicles which are unlicensed, inoperable and have no valid current inspection sticker without first having obtained a license therefor shall, within 15 days after registered notice of such event, remove and clear from the premises or junkyard all junk therein, as defined in this chapter. If within such period of 15 days such denied applicant or violator fails to fully comply with the provisions of this section and the township is required to do any work or expend any labor in the place or stead of such person, the cost therefor, plus 20% thereof, shall be paid by such denied applicant or violator or the township may collect such actual cost, plus 20%, from the bond required by § 104-5 of this chapter. All such property remaining upon such premises after such period of 15 days shall be presumed to be abandoned and to be of no value, and the same may be disposed of by the township on behalf of said denied applicant.
[Amended 11-24-1997 by Ord.
No. 689]
Every licensee hereunder shall provide and shall at all times keep and
maintain records, in the English language, of the time of his purchase, acquisition
or receipt of junk; a full and complete description, including trade names,
serial numbers or manufacturer's numbers, if any, of every article or item
of junk purchased, acquired or received by him; 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
Board of Commissioners or its designated representative for just cause. Such
records shall be retained for a period of 10 years.
Every licensee hereunder shall keep and retain upon the licensed premises,
for a period of 24 hours after the purchase, acquisition or receipt thereof,
every item or article of junk so purchased, acquired or received by him 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 24 hours shall have elapsed.
Every licensee hereunder shall constantly maintain the licensed premises
in the manner hereinafter prescribed:
A.
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.
B.
No garbage or other organic waste shall be stored on such premises.
C.
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.
D.
No junk shall be stored or accumulated nor shall any structure
be erected within 25 feet of the side and rear lines of the licensed premises
nor within 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
1,000 feet of that line of the licensed premises abutting a public street
or highway within the Township of Penn, provided that in cases where two or
more lines of the licensed premises abut public streets or highways within
the township one line only of such premises shall be governed by the above-provided
setback of 1,000 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.
[Amended 6-15-1998 by Ord.
No. 703]
E.
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 eight feet in height, nor shall two or more vehicles or major parts thereof be stacked on top of one another or otherwise as to protrude above it. These fencing requirements shall be met within 30 days of erection of a junkyard, unless an extension of time has been granted by the Board of Commissioners. If, in the sole and exclusive opinion of a majority of the Board of Commissioners, it should appear that the owner and/or operator of a junkyard situated within the township has 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.
[Amended 11-24-1997 by Ord.
No. 689]
F.
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.
[Amended 11-24-1997 by Ord.
No. 689]
The Code Official or his or her designated representative 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 premises in full compliance with the provisions of this chapter and such
rules and regulations which may hereafter be adopted by the Township of Penn
regulating and licensing junk dealers and the establishment and maintenance
of junkyards. The Code Official or his or her designated representative shall
forthwith prosecute any discovered violation of this chapter. The Code Official
or his or her designated representative shall, not less than twice yearly,
furnish to the Penn 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 Penn.
[Amended 11-24-1997 by Ord.
No. 689]
Every junkyard in the Township of Penn shall at all times be subject
to inspection during reasonable hours of the day by the Code Official or his
or her designated representative. To facilitate such inspection and fire control,
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 20 feet of clear space between each row and each of said rows
to be no greater in width than 40 feet. If, in the opinion of the Board of
Commissioners of the Township of Penn, the requirements of this subsection
cannot be feasibly met with respect to said junkyard, then, in the Board of
Commissioners' discretion, a variance may be granted upon application by the
owner for a variance to the provisions of this section.
No burning of junk, rubbish or other material in connection with said junkyards shall be ignited or otherwise commenced except pursuant to the terms of Chapter 75, Burning, Outdoor.
No junk, scrap or automobile bodies, motors or any other item of junk
as defined in this chapter shall be stored, maintained, situated, placed or
otherwise located within 20 feet of any river, stream, run, creek, irrigation
ditch or any other natural watercourse within the boundary lines of Penn 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 owners' boundary lines.
[Amended 11-24-1997 by Ord.
No. 689]
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof, be fined not more than $1,000, plus costs, for each
offense. A separate offense shall be deemed committed during or on each date
such nuisance is permitted to exist. In default of payment of such costs,
the offender shall be imprisoned for not more than 30 days for each violation
of said chapter.
