[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 4-13-1966 by Ord. No. 44. Amendments
noted where applicable.]
This chapter shall be known as the "Junk Dealer,
Junk, Salvage and Scrap Yard Ordinance."
[Amended 9-13-1967 by Ord. No. 69; 12-21-1978 by Ord. No.
289]
For the purpose of this chapter, the following
terms shall have the meanings respectively ascribed to them in this
section, unless form the particular context it clearly appears that
some other meaning is intended:
Any place where more than one automobile or vehicle intended
for use on the highways, which does not bear a current state inspection
sticker and license plate or is not fit for immediate highway use,
is stored or disassembled.
Any person, persons, firm or corporation engaged in the business
of collecting, accumulating, buying, selling, storing, disassembling,
treating or processing of scrap metal automobiles and other vehicles
intended for use on the highway but not fit for immediate highway
use, secondhand building materials, rags, bottles, scrap paper and
all other items not intended to be repaired for reuse.
An automobile junk or grave yard and any place where scrap
metal, secondhand building materials, rags, bottles, scrap paper and
all other items not intended to be repaired for reuse are collected,
accumulated, stored, dissembled, treated or processed.
From and after the effective date of this chapter
it shall be unlawful for any person, persons, firm or corporation,
to engage or continue to engage in business as a junk dealer or to
establish or maintain or continue to operate or maintain a junkyard
and scrap yard within the limits of the Township, except as provided
in this chapter.
All persons, firms or corporations engaged or
intending to engage in business as a junk dealer, or operating or
maintaining or intending to establish or maintain a junk dealer, or
operating or maintaining or intending to establish or maintain a junk,
salvage and scrap yard within the limits of the Township, shall obtain
a permit from the Commissioners of the Township of South Whitehall,
which permit shall be granted for a period of one year except all
permits shall expire on December 31, of the year in which they are
granted. All permits, including those lawfully obtained under this
chapter, may be renewed under the provisions of this chapter for additional
periods not to exceed one year, but all renewed permits shall expire
on December 13 of the year in which they are granted.
A fee, in an amount established from time to
time by resolution of the Township Board of Commissioners, shall be
paid upon the issuance of a permit and a fee, in an amount established
from time to time by resolution of the Township Board of Commissioners,
shall be paid for each renewal of a permit. The aforesaid fees shall
be used to process applications for permits and to defray the expense
of inspections necessary to insure compliance with this chapter.
The Board of Commissioners of the Township of
South Whitehall shall have the power to revoke or refuse to allow
the renewal of a permit for noncompliance with the provisions of this
chapter.
[Amended 9-13-1967 by Ord. No. 69]
From and after the effective date of this chapter,
no junk, salvage and scrap yard shall be established closer to any
street or side property line than 500 feet and must be entirely enclosed
within a solid wall or fence not less than six feet high and shall
be appropriately landscaped in the manner prescribed by the Planning
Commission and/or the Board of Commissioners.
No junk, salvage and scrap yard in existence on the effective date of this chapter shall expand or extend its business beyond the boundaries presently occupied by the junk, scrap, automobiles or other materials presently on the premises unless the owner shall have complied with § 204-7, hereof.
A junk, salvage and scrap yard in existence
on the effective date of this chapter shall be required to obtain
a renewal permit for continued existence.
Upon receipt of the application for a permit
to establish a business as a junk dealer or operating or maintaining
or intending to maintain a junk, salvage and scrap yard; or upon receipt
of the first application for a renewal permit by a junk dealer or
a junk, salvage and scrap yard lawfully in existence on the effective
date of this chapter, the application shall be reviewed by the Planning
Commission and the Planning Commission shall make recommendations
to the Commissioners regarding the manner of appropriately landscaping
and/or enclosing said business with a fence so as to eliminate any
nuisance or unattractive appearance. To assist the Planning Commission
and/or the Board of Commissioners in their determinations, an application
for a permit and for a first renewal permit in the event the applicant
is not required to file an initial permit shall be accompanied by
a plan and such other descriptive material sufficient to clearly portray
the intentions of the applicant. The plan shall indicate the boundaries
of the premises on which the business is presently being operated
or on which it is intended to be operated and location of the existing
junk, scrap, automobiles and other materials on the premises at the
time of the application.
The Board of Commissioners may require that the owner of a junk, salvage and scrap yard shall landscape and/or fence said yard in the manner prescribed by the Planning Commission and/or the Board of Commissioners. The Board of Commissioners shall have the option of retaining the permit or renewal fees paid pursuant to § 204-5 of this chapter or of returning said fee or fees to the owner upon the owner complying with the landscaping and/or fencing requirements established by the Board of Commissioners.
No junk, salvage and scrap yard in existence on the effective date of this chapter shall be added to or extended unless in compliance with the provisions of § 204-7 of this chapter as to said addition or extension.
[Amended 12-21-1978 by Ord. No. 289]
There shall be established and maintained in
all junk, salvage and scrap yards, parallel aisles or roadways of
not less than 10 feet in width and not more than 50 feet apart and
intersecting vertical aisles or roadways of not less than 10 feet
in width and not more than 50 feet apart. All aisles or roadways must,
at all times, be kept clear of all obstructions including, but not
limited to, vehicles, weeds, brush, trees, used metal, wood and all
other materials.
No flammable liquid shall be permitted to remain
in any junked container, whether the container is a separate item
or is an integral part of another items, at any time.
[Amended 9-13-1967 by Ord. No. 69]
All rags, bottles and scrap paper must be kept
within the walls of a building constructed of fire resistant material.
Piling or stacking of junk, scrap or vehicles intended for use on
the highways shall not be permitted to a height in excess of six feet
above ground level.
[Amended 2-7-1989 by Ord. No. 449[1]]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
