[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hempfield 7-3-1984 as Ch. 13, Part 1, of the 1984 Code. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "West Hempfield
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:
The Board of Supervisors of West Hempfield 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 structures. 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 and dealing in junk and who maintains and operates
a junkyard within the Township of West Hempfield.
Any place where any junk, as hereinbefore defined, is stored, disposed
of, disassembled or accumulated.
The permit granted to a person who accumulates, stores or disposes
of junk, as hereinbefore defined.
Any partnership, association, firm and corporation, owner, tenant
or occupier of land.
West Hempfield Township, Lancaster County, Pennsylvania.
No person shall engage in business as a junk dealer or maintain, establish, operate or enlarge a junkyard without first having obtained a license from the Board, which license shall be issued upon payment of a fee as set forth from time to time by resolution of the Board of Supervisors and upon approval by the Township Secretary of a sworn, written application by the applicant stating the exact location and size of the proposed junkyard, stating that the same does not violate any of the distance restrictions in § 83-7, describing the conditions, nature of fencing, etc., and authorizing any designated township official to have access to the junkyard for the purpose of measurement and inspection. Such licenses shall be valid for a period of one year (unless the junkyard is to be expanded beyond its originally licensed dimensions, in which case a new license must be obtained for the enlargement), and licenses must be renewed annually.[2]
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 or her license.
Every person licensed under this chapter shall provide and shall constantly
keep a book 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 or her, the date and hour of such purchase
and the person from whom such article or material was purchased, received
or handled by such person, and which shall at all times be subject to the
inspection of any official of the township.
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.
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:
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 and no paper, rubbish,
rags or other flammable articles or materials shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such
premises as junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above ground
in said junkyards, provided that the same is placed in containers approved
by the Board. All other gasoline which is kept in the premises shall be stored
underground, which underground storage must be approved by the Board.
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 fire-fighting
purposes.
E.
F.
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 and
a minimum distance of 50 feet from all other property lines. The area between
the setback line and the right-of-way line and all streets and roads and all
other property lines shall be at all times kept clear and vacant.
G.
The premises to be licensed shall at the setback lines
be enclosed either by a solid hedge or a row of evergreen trees or by a wall
or a fence of boards, sheet metal or similar material at least six feet in
height so as to completely screen from sight all junk kept, stored or deposited
on said licensed premises.
[Amended 12-7-1993 by Ord.
No. 9-93; 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
For each violation of the provisions of this chapter, any person who
commits, takes part in or assists in any such violation shall be liable, upon
conviction thereof in a summary proceeding, to pay a fine of not less than
$200 nor more than $1,000 for each offense, together with the costs of prosecution.
Each day or portion thereof in which a violation exists shall be considered
a separate violation of this chapter, and each section of this chapter which
is violated shall be considered a separate violation. In default of payment
of such fine, such person shall be liable to imprisonment for a period not
exceeding 30 days.
