[HISTORY: Adopted by the Board of Supervisors of the Township
of Lawrence 8-6-2013 by Ord. No. 2013-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 90.
Abandoned or junked vehicles — See Ch. 116
Zoning — See Ch. 125.
[1]
Editor's Note: This ordinance also superseded former
Ch. 72, Junkyards and Junk Dealers, adopted 1-6-1965 by Ord. No. 36,
as amended.
This chapter shall be known and may be cited as the "Lawrence
Township Junkyard Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
The Board of Supervisors of Lawrence Township.
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned, or junked motor
vehicles, machinery, equipment, paper, glass, containers and industrial
waste. It shall not include, however, refuse or garbage kept in a
proper container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging, storing and dealing in junk
and who maintains and operates a junkyard within the Township of Lawrence.
Any place where junk is stored, disposed of, or accumulated
for the purpose of recycling, scrap or salvage as those terms are
defined by the Lawrence Township Zoning Ordinance.[1] Any premises as herein defined having three or more scrap,
abandoned or junked motor vehicles thereon shall in any event be deemed
a junkyard.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Includes any natural person, partnership, association, firm
and corporation or other legal entity.
Lawrence Township, Clearfield 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.
Recycling, scrap and salvage shall be considered to be separate activities
and shall require a license fee in accordance with the Lawrence Township
Fee Schedule as amended from time to time by resolution 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 thereon 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 an updated plot plan or the premises used or to be
used in connection with such license. A current plot plan shall be
on file with the Township at all times. Should the licensee make any
change or modification to its plot plan, said change or modification
must be filed with the Township within 30 days.
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
therefore after an examination of the application and taking into
consideration the suitability of the property proposed to be used
for the purpose of the license, the character of the properties located
nearby and the effect of the proposed use upon the Township, both
economic and aesthetic. In the event the Board shall issue a license,
it may impose upon the license and the person applying therefor such
terms and conditions in addition to the regulations herein contained
and adopted pursuant to this chapter as may be deemed necessary to
carry out the spirit and intent of this chapter.
The license fee shall be paid immediately upon the issuance
or renewal of a license.
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 license,
or maintain a junkyard in any place other than the place designated
upon his license.
Every person licensed under this chapter shall provide and shall
constantly keep a record, in which shall be fairly written down in
the English language at the time of the purchase of any junk a description
of every article or material purchased or received by him, the date
and the hour of such purchase and the person from whom such article
or material was purchased, received or handled by such person, and
shall at all times be subject to the inspection of the Board or any
authorized agent of the Board. Records shall be kept in accordance
with Pennsylvania's Pawnbrokers License Act.[1]
[1]
Editor's Note: See 63 P.S. § 281-1 et seq.
Every person licensed under this chapter shall keep and retain
upon the licensed premises, for a period of 48 hours after the purchase
or receipt thereof, all junk received or purchased by him, and he
shall not disturb or reduce the same or alter the original form, shape
or condition until such period of 48 hours shall have elapsed, unless
specifically authorized by the Board.
Every person licensed under this chapter shall constantly maintain
a licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this chapter and any
subsequent regulations adopted by the Board.
A.
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.
B.
No garbage or other organic waste shall be stored on such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline shall be drained and removed therefrom. Gasoline
storage on the premises shall be as per the regulations of the Department
of Labor and Industry.
D.
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 premises, and to facilitate access for firefighting purposes. Junked and scrapped motor vehicles shall be spaced in rows with at least 15 feet between each double row to permit the movement of fire equipment. Subject to the other limitations contained in this section, junk may be piled commencing at the setback lines provided in Chapter 125, the Lawrence Township Zoning Ordinance, i.e. 40 feet from the front property line, 50 feet from the rear property line and 20 feet from the side property lines as follows:
[Amended 2-3-2015 by Ord.
No. 2015-02]
(1)
Within the first 100 feet from the setback line: eight feet in height;
(2)
One hundred to 150 feet from the setback line: 20 feet in height;
(3)
One hundred fifty to 200 feet from the setback line: 30 feet in height;
(4)
Two hundred to 250 feet from the setback line: 40 feet in height;
(5)
Two hundred fifty to 300 feet from the setback line: 50 feet in height;
(6)
Three hundred to 350 feet from the setback line: 60 feet in height;
(7)
Three hundred fifty feet from the setback line or further: 60 feet
in height.
E.
All junk kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license hereunder, and as limited under Subsection D above.
F.
The premises to be licensed shall be set back from the right-of-way lines on all streets or roads and from all other property lines in accordance with the provisions of Chapter 125, Zoning.
G.
When the Board shall deem it necessary and desirable, it may direct that the licensed premises be enclosed by a fence. The Board shall determine the type and the style of the fence. Alternatively, the Board may direct that the licensee place evergreen and screen plantings or both plantings and a fence upon the licensed premises. The location of the fence, or evergreen or screen plantings, shall be at the sole discretion of the Board. The licensee shall have 90 days to comply with the Board's direction in respect to the erection of a fence or the placement of evergreen or screen plantings. The Board may set the fence and planting requirement or both at the time of the issuance of the license or at the time of renewal or transfer of the license. Failure of the licensee to comply with the Board's direction shall be sufficient cause for the Board to refuse renewal of its license and to incur the penalties set forth in § 72-11 of this chapter.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punished by a fine of not less than
$50 nor more than $1,000, plus costs of prosecution. In default of
payment thereof, the defendant may be sentenced to imprisonment for
a term not exceeding 30 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.
In addition to the remedies provided in § 72-11 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 shall be abated by proceeding against the violator in a court of equity for relief.
