[Ord. 64-3, 3/27/1964, § 1]
This part shall be known and may be cited as "New Hanover Township
Junkyard and Refuse Ordinance."
[Ord. 64-3, 3/27/1964, § 2]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this part to have the meanings herein
indicated:
The Board of Supervisors of New Hanover 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 New Hanover.
Any place where any junk, as hereinafter defined, is stored,
disposed of or accumulated.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Any partnership, association, firm or corporation.
New Hanover Township, Montgomery County, Pennsylvania.
[Ord. 64-3, 3/27/1964, § 3]
No person shall engage in business as a junk dealer or maintain
a junkyard without first having obtained a license from the Board,
for which license a fee in accordance with the schedule hereinafter
set forth shall be paid to the Township for the use 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.
[Ord. 64-3, 3/27/1964, § 4]
The license provided for in this part shall be issued by the
Board at a regular meeting of the Board of Supervisors after written
application shall have been made to the Secretary by the person desiring
to be licensed. Such license is issued to 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. Applicant shall also submit
therewith a plot of the premises used in connection with such license.
[Ord. 64-3, 3/27/1964, § 5]
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
therefor 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 as
relating to the effect upon the health and safety of the public. 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 part.
[Ord. 64-3, 3/27/1964, § 6; as amended by Ord.
64-3A, 9/20/1979; and by Ord. 97-7, 10/13/1997, § 13-206]
The license fee shall be paid immediately upon the issuance
or renewal of a license. The fee is to be established from time to
time by resolution of the Board of Supervisors. No license fee shall
be issued for the use of a tract of land in excess of five acres,
excluding setback areas.
[Ord. 64-3, 3/27/1964, § 7]
No person licensed under this part 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.
[Ord. 64-3, 3/27/1964, § 8]
No license issued by the Board shall be transferable by the licensee or any other person unless such a transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 13-204 of this part, by the transferee.
[Ord. 64-3, 3/27/1964, § 9; as amended by Ord.
97-7, 10/13/1997, § 13-209]
In the event the Board shall approve the transfer of a license,
the transferee shall immediately pay the Township a transfer fee in
an amount as established from time to time by resolution of the Board
of Supervisors.
[Ord. 64-3, 3/27/1964, § 10]
Every person, licensed under this part, shall provide and shall
constantly keep a book in which 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
hour of such purchase or receipt, and the person from whom such article
or material was purchased, received or handled. Such book and junk
material shall at all times be subject to the inspection of any official
of the Township.
[Ord. 64-3, 3/27/1964, § 11]
Every person, licensed under this part, shall keep and retain
upon the licensed premises, for a period of 48 hours after the purchase
of 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.
[Ord. 64-3, 3/27/1964, § 12]
1.Â
Every person licensed under this part 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.Â
Such premises shall at all times be maintained so as not to constitute
a nuisance or menace to the health of the community or residents nearby
or a place for the breeding of rodents and vermin.
B.Â
No garbage or other organic waste shall be stored in such premises.
C.Â
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline shall be drained and removed therefrom. Gasoline
in an amount not exceeding 10 gallons may be stored above ground in
said junkyard provided the same be 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.Â
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.
E.Â
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 paragraph
.D above.
F.Â
A person licensed under this part shall not burn any motor vehicle
or its equivalent at any time. No oil, grease, tires, gasoline or
other similar material that might be dangerous or tend to produce
obnoxious smoke or odors shall be burned within a junkyard at any
time.
G.Â
The premises to be licensed shall be set back a minimum distance
of 15 feet from the right-of-way lines of all streets or roads and
a minimum distance of 25 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.
H.Â
When the Board shall require, the premises to be licensed shall,
at the setback lines, be enclosed by a fence of type and style to
be determined by the Board. The Board may set forth the fence and
planting requirements at the time of the issuance of a license or
at the time of renewal or transfer of a license.
[Ord. 64-3, 3/27/1964, § 13; as amended by Ord.
97-7, 10/13/1997, § 13-213; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000 plus costs or such other penalty as may be authorized and imposed
by law. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense. Notwithstanding the same, the Township may seek
enforcement by means of request for injunctive relief or other equitable
remedies as may be provided by law in a court of competent jurisdiction.
[Ord. 64-3, 3/27/1964, § 14]
In addition to the remedies provided in § 13-213 above, any continued violation of this part which shall constitute a nuisance in fact or which shall, in the opinion of the Board, constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
