Township of Lower Oxford, PA
Chester County
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Table of Contents
Table of Contents

§ 13-101 Definitions.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
1. 
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
FARM MACHINERY
All types of machinery and equipment which were originally manufactured for farm use, which are retained on farm properties, either as operable equipment or for the purpose of salvaging repair parts.
JUNK
Any discarded or salvageable article or material including, but not limited to, scrap metal, paper, rags, glass, containers, scrap wood, motor vehicles, trailers, machinery and equipment, with the exceptions of farm machinery and mobile homes or house trailers which are occupied or are properly placed and planned for occupancy.
JUNK DEALER
Any person who buys, sells, salvages, stores, or in any way deals in junk; or owns, leases, operates or maintains a junkyard within the municipality.
JUNKYARD
Any place where junk as herein defined is stored or accumulated. Any premises as herein defined having two or more unlicensed motor vehicles and/or unlicensed trailers thereon shall be deemed to be a junk yard, except that the foregoing shall not apply to duly licensed automobile dealers having operable vehicles on their premises for resale. Such exception shall not apply to inoperable vehicles being stored primarily for salvage purposes.
MOTOR VEHICLE
All types of automobiles, trucks and tractors, including self-propelled machinery of all kinds with the exception of farm machinery.
PERSON
Any natural person, partnership, firm, company, corporation or other legal entity.
PREMISES
Any parcel of land situated in the Township of Lower Oxford, having a separate tax map parcel number for county assessment purposes.
SOLID WASTE
Any waste, including but not limited to, municipal, residential or hazardous wastes including solid, liquid, semisolid or contained gaseous material.
TRAILER
Any wheeled vehicles not self-propelled, drawn by a motor vehicle.
2. 
In this Part, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 13-102 License Required; Fees.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
No person may be a junk dealer as herein defined within the municipality without first obtaining a license to operate as herein described.
1. 
Any person desiring to be a licensed junk dealer in the Township of Lower Oxford shall first make written application to the Board of Supervisors. Such application shall be in the form established by the Board of Supervisors and shall set forth the applicant's name and address, include an accurate description of the premises on which the junkyard is to be located including the Chester County tax map parcel number(s), and a statement that the applicant will comply with this Part and any regulations adopted pursuant to this Part, and such other information as the Board of Supervisors may require.
2. 
An application for license under this Part shall be examined by the Board of Supervisors or duly authorized agent thereof and license issued or refused within 60 days of submission to the Board of Supervisors. Examination of the application shall include consideration of the suitability of the property proposed to be used for the purpose of the license, the character of nearby properties, and the effect of the proposed use upon the Township. When the application is found in compliance with the provisions herein given, the Board of Supervisors or its agent shall issue a license to the junk dealer applicant for operation of the junkyard as described in the application.
3. 
The license fee shall consist of two parts; an application fee and an annual license fee, both of which shall be established from time to time by resolution of the Board of Supervisors. All fees are due, payable to and for the use of the Township of Lower Oxford, at time of application. The Board of Supervisors or its agent may waive the application fee when issuing renewed licenses. The period of any license issued under this Part shall be for one calendar year or portion thereof, and shall terminate on December 31 of the year in which issued.
4. 
Licenses issued under this Part are required to be renewed on or before January 1 of the year in which it is desired to continue operations. Such application for renewal must be in writing, in such form as may be required by the Board of Supervisors and accompanied by the license fee. Renewal applications are subject to complete reexamination and consideration by the Board of Supervisors or its agents for continued compliance with the terms of this Part.
5. 
No person licensed under this Part shall, by virtue of one license, operate more than one business or junkyard within the municipality. No person shall engage in business or operate a junkyard at any place other than the place designated by his license. Licenses are nontransferable, both as to junk dealer and junkyard premises. The permitted size of a junkyard shall be fixed at the time of license issuance, with due regard for the existing and proposed uses of the surrounding area and properties and shall not be in excess of five acres, excluding setback areas.

§ 13-103 Posting of Junkyard Licenses; Operating Procedures.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
The license under which the junkyard is operated shall at all times be conspicuously posted on the licensed premises, and the operating requirements shall be complied with as herein provided.
1. 
Permanent records of all junk received in or removed from any junkyard shall be kept by the junk dealer on the premises, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk. Such records shall be open to inspection at all reasonable times by the Board of Supervisors or its agent, and by any law enforcement officer.
2. 
Junkyards and businesses licensed under this Part may not operate on Sunday, nor between the hours of 5:00 p.m. and 7:00 a.m., except to remove any wrecked automobile from any public highway.

§ 13-104 Manner of Storage of Junk in Junk Yards.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
All junk in junkyards licensed under this Part shall be stored as herein provided:
1. 
All junk shall be set back at least 40 feet from any adjoining premises and at least 60 feet from the nearest right-of-way of any public street, road or highway.
2. 
All junk shall be stored and arranged so as to permit access by fire-fighting equipment. Junked motor vehicles shall be spaced in rows with at least 15 feet between double rows; other junk shall be stored in piles or tiers which shall be separated by aisles or cleared areas of no less than 15 feet.
3. 
Junk shall be arranged so as to prevent the accumulation of stagnant water, and shall be stacked to a height of not more than six feet from the ground.
4. 
All gasoline and oil shall be drained from junked motor vehicles within 24 hours of arrival on premises. Such gasoline and oil shall be stored at only one location on the premises and not more than 10 gallons in the aggregate, in proper containers, may be stored aboveground.
5. 
Paper, rags, plastics and similar materials for salvage shall be stored indoors.

§ 13-105 Time Limit for Allowing Certain Materials to Remain on Premises.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
Paper, rags, plastic and similar materials for salvage shall not be accumulated or remain on the junkyard premises for more than 60 days. Materials separated as solid waste shall not be accumulated for more than 30 days.

§ 13-106 Burning Restricted.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
Not more than one motor vehicle or its equivalent may be burned at any one time. Gasoline, grease, oil, tires or similar materials which could be dangerous or tend to produce obnoxious smoke or odors shall not be burned at any time. Any and all burning or melting on junkyard premises shall be properly attended and controlled at all times.

§ 13-107 Certain Materials Not to Be Received or Stored in Junk Yard.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
Garbage, organic waste, or plain solid waste shall not be received or stored in any junkyard. Materials designated as solid waste may be received only as mixed with salvageable materials and shall be promptly disposed of as herein provided.

§ 13-108 Fencing and Screening; Maintenance.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
Every junk dealer licensed under this Part shall enclose and maintain his junkyard as herein provided:
1. 
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 13-104, Subsection 1, of this Part, shall be six feet to eight feet in height, and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar material, well constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
2. 
Junkyard premises which have open-wire fence enclosures visible from an abutting public thoroughfare or from an abutting residential property within 500 feet of the fence shall have a landscaped screen of trees and/or shrubs, of varieties capable of attaining a continuous height of six feet within two years, planted along such fence or section of fence. All required open areas between fence and lot lines of the premises shall be maintained continuously in good order, free of weeds and scrub growth.
3. 
The area inside the fence and lot lines of any junkyard premises shall have weeds mowed regularly and not permitted to go to seed.
4. 
All junkyard premises shall be maintained in such manner so as not to cause a public or private nuisance. Nor shall they cause any menace to the health or safety of persons off the premises. Nor shall they cause any excessive or offensive or noxious odors or sounds. Nor shall they cause the breeding, harboring or infesting of rats, rodents or vermin. Nor shall they be in violation of any health or sanitation law or ordinance or regulation of any governmental body.

§ 13-109 Right of Entry for Inspection; Additional Regulations Authorized.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
Every junk dealer and junkyard licensed under this Part is subject to inspection and regulation as herein provided:
1. 
Any member of the Board of Supervisors or the agent of the Board may at any reasonable time enter upon the premises currently licensed or for which a license application is pending.
2. 
The Board of Supervisors may from time to time pursuant to resolution adopt regulations to carry out the provisions of this Part, upon giving notice to licensees affected by such regulations.

§ 13-110 Exceptions for Existing Junkyards.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
The Board of Supervisors may waive the setback requirements as established by § 13-104, Subsection 1, and the planting requirements as established by § 13-108, Subsection 2, for those junkyards in existence at the time of the enactment of this Part, if such junkyard is in compliance with the other requirements as provided by this Part, and if, in the Board of Supervisors's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.

§ 13-111 Time Limit for Existing Establishments to Comply and Obtain License.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
Junk dealers and junkyards operating and existing in the Township of Lower Oxford on the effective date of this Part shall be required to comply with the provisions of and obtain a license under this Part within six months from the effective date.
However, an extension of the time allotted in complying with the terms of this Part may be granted at the discretion of the Board of Supervisors. Such extension shall be for good reason, and shall not exceed six months.

§ 13-112 Penalties.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993; as amended by Ord. 2-98, 3/11/1998]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice 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 more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. 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.

§ 13-113 Enforcement Remedies.

[Ord. 6-1966, 12/6/1966; as revised by Ord. 1-93, 1/6/1993]
The Board of Supervisors may take any appropriate action at law or equity, civil or criminal, to enforce the provisions of this Part, and this Part shall in no way restrict any remedies otherwise provided by law.
[1]
Editor's Note: The provisions of former Part 2, Cable Television, adopted by Ord. 1-90, as amended, expired 15 years after adoption. Any current cable television franchise agreements are on file in the Township offices.

§ 13-201 (Reserved)