[HISTORY: Adopted by the Board of Supervisors of Shenandoah County at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
For the purpose of this chapter the following definitions shall apply:
GARBAGE
Any refuse or solid waste resulting from the domestic or commercial preparation and/or consumption of food.
JUNK
Any discarded materials (including automobile and truck tires), articles, machinery or equipment no longer suitable for its intended use whether or not such materials, articles, machinery or equipment may be turned to some minor, incidental or other use; provided, however, that any materials, articles, machinery or equipment which the owner proves is under actual process of repair for future operation or use and which is intended for bona fide future use shall not be deemed included in this definition.
JUNKYARD
Any establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, including garbage dumps and sanitary fills.
[Added 4-25-2000 by Ord. No. 00-3]
NUISANCE
That which annoys, vexes or creates a health or safety hazard or that which, by its use or existence, works annoyance, injury or damage to others.
OFFENSIVE MATTER
Feathers, offal, dead animals or portions thereof, meat wastes, blood, tankage or any putrescible, organic matter; provided, however, that the term "offensive matter" shall not be construed to apply to livestock or poultry manure.
SANITARY LANDFILL
Any land, public or private, used for the disposal of solid waste according to regulations and regular inspections of the State Department of Environmental Quality.
It shall be unlawful for any person to permit, deposit, store or hold any junk or matter which is noxious or offensive, either to health or to comfort, on any premises or place or in any building or structure, unless such matter is so treated, screened, covered or placed as not to create a nuisance. It shall also be unlawful to throw, deposit or dump any paper, trash, rubbish, ashes, garbage, junk or offensive matter on any public highway or right-of-way or on any public property not otherwise operated as an approved collection point for disposal in a sanitary landfill.
A. 
All containers for the storage of matter (as referred to in § 117-2) or any other litter or solid waste shall completely confine the matter, shall be rodentproof and insectproof and shall be kept in an inoffensive sanitary condition.
B. 
Persons placing litter, matter (as referred to in § 117-2) or other solid waste in public or private receptacles shall do so as to prevent it from being carried or deposited by the elements upon any public or private property.
It shall be unlawful for any person to remove or transport or permit the removal or transportation of any matter (as referred to in § 117-2) or any other litter or solid waste over any public road or highway, except in such manner and in or by such conveyance as to prevent the creation of a nuisance or the loss or discharge of such matter on any public or private property. All offensive matter shall be so handled, covered or treated that it cannot leak out or be accessible to rodents or flies and other insects. All vehicles and implements used in connection therewith shall be kept in an inoffensive and sanitary condition.
It shall be unlawful for any person to cause or allow garbage to accumulate on his premises, whereby a nuisance or health hazard is created. It shall also be unlawful for any person to deposit garbage on property belonging to another, either public or private, other than at a sanitary landfill permitted by the Department of Environmental Quality.
It shall be unlawful for any person to cause or maintain a public nuisance not otherwise provided for in this chapter.
It shall be the duty of the sheriff and the health officer, each within the scope of his official responsibility, to investigate any possible violation of this chapter. If he determines that a violation of any provision of this chapter has occurred, he shall notify the violator to comply within a time specified in the notice, not to exceed 10 days, such notice shall be in writing and delivered or mailed to the last known address of the violator. It shall be unlawful for any person to fail to comply with such notice.
Should the recipient of the notice, as provided in § 117-7, fail or refuse or neglect to comply therewith within the time specified therein, then such person shall be deemed to be in violation of this chapter and subject to penalties as hereinafter provided.
[Added 4-25-2000 by Ord. No. 00-3]
A. 
All junkyards, except for any landfill operated by Shenandoah County, regardless of the date on which any such junkyard may have come into existence, must be entirely screened from view. Any fence, structure, trees or shrubbery used to screen a junkyard shall be at least eight feet in height. The fence shall be kept neatly painted and in good repair at all times and shall be constructed of plank boards, corrugated iron, brick, cinder block or concrete so as to exclude such junkyards from view. No plank board fence shall be erected within any fire zone as now or hereafter established, and any fence so erected shall be set back at least 20 feet from the street or road and in no event beyond the building line of other buildings on the same street or road. However, any junkyard that, as of the effective date of this section, is screened in such a way that complies with all provisions of this section other than this setback requirement shall not be subject to the setback requirement. A fence required by this section shall not be used for bill posting or other advertising purpose, except for the advertisement of the business of the owner thereof. Any trees or shrubbery used as screening must be maintained in healthy condition and replaced as necessary. Any trees or shrubbery must be planted as follows: for junkyards existing when this section takes effect, planting must be completed in the current or next growing season or within six months of the date on which this section takes effect, whichever is sooner, for any other junkyards planting must be completed in the current or next growing season or within six months of the issuance of the special use permit for the junkyard, whichever is sooner. The term "growing season" shall mean the period between March 1 and May 15 and the period between September 1 and November 30 of any year. Trees or shrubbery used as screening need not be eight feet high when planted but must be reasonably expected to reach that height within three years of planting. The contents of a junkyard shall not be placed or deposited to a height greater than the height of the screening. For purposes of this § 117-9, the term "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
B. 
This § 117-9 shall be enforced by an individual appointed by the County Administrator and does not authorize any use or activity otherwise prohibited.
[1]
Editor's Note: Former § 117-9, Violations and penalties, was redesignated as § 117-10 to accommodate the addition of this new § 117-9.
Any person, firm or corporation violating any section of this chapter shall be deemed guilty of a Class 1 misdemeanor for each day during which the nuisance or health or safety hazard is allowed to exist.