[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 6-10-1985 (Art. 313 of the 1985 Code of Ordinances). Amendments noted
where applicable.]
A.Â
JUNK
JUNK DEALER
JUNKYARD
PERSON
As used in this chapter, the following terms shall
have the meanings indicated:
Discarded materials, articles or things possessing value
in part, gross or aggregate, and including but not limited to scrapped
motor vehicles and parts thereof, including motors, bodies of motor
vehicles and vehicles which are inoperable and do not have a current
and valid inspection required by the motor vehicle laws of the commonwealth,
except those being stored temporarily on municipal or fire company
property for the purpose of evidence, evidence processing, and firefighting
and/or rescue training, but not including garbage or other organic
waste or farm machinery, provided such farm machinery is used in connection
with a bona fide farming operation.
[Amended 10-22-2007 by Ord. No. 2007-14]
Any person who engages in the business of collecting, accumulating,
buying, selling, storing, disassembling, treating or processing junk
in the Township.
Any place or establishment where junk is stored or accumulated
on the outside of any building, edifice or structure that is enclosed
on all sides; or where the business of selling, buying or dealing
in junk is carried on or where two or more motor vehicles are stored
which are unlicensed, inoperable and do not have current and valid
inspection stickers as required by the motor vehicle laws of the commonwealth,
except those being stored temporarily on municipal or fire company
property for the purpose of evidence, evidence processing, and firefighting
and/or rescue training.
[Amended 10-22-2007 by Ord. No. 2007-14]
Any natural person, association, partnership, firm or corporation.
B.Â
The singular shall include the plural and the masculine
shall include the feminine and the neuter.
On and after the effective date of this chapter,
no person shall engage or continue to engage in business as a junk
dealer or establish or operate a junkyard in the Township except as
authorized by this chapter and without first having obtained a license
therefor from the Board of Commissioners.
Application for such license shall be made,
in writing, under oath and in the form prescribed by the Board of
Commissioners and shall contain the name of the applicant, his address,
his length of residence at such address, his previous criminal record,
if any, the address of the premises upon which such business is to
be conducted or upon which such junkyard is to be established or operated,
the name of the owner or owners of the property if other than the
applicant, and upon any subsequent applications a statement that the
applicant, during the preceding term of his license, did comply with
and did maintain his premises in full compliance with the provisions
of this chapter. Each application shall describe the premises upon
which the junkyard is to be established or operated, specifying therein
setback lines, structures erected thereon, dwellings erected upon
premises adjacent to the premises proposed to be used, and a reference
to the place where the deed is recorded. If the applicant is a partnership
or association, the application shall furnish the above information
for every member thereof. If the applicant is a business corporation,
the application shall furnish the above information for each officer
and director thereof. The application shall be signed by the applicant,
if an individual, by all members if the applicant is a partnership
or association, and by the President and Secretary if the applicant
is a business corporation. A separate application shall be required
for each junkyard conducted by a junk dealer.
[Amended 11-10-1997 by Ord. No. 97-16]
Every junk dealer or person operating or maintaining
or intending to establish or maintain a junkyard shall pay an annual
license fee as set forth from time to time by resolution of the Board
of Commissioners for every license or renewal thereof issued hereunder.
All licenses shall be issued for a term of one year, beginning July
1 and ending June 30 of the following year. No abatement of the annual
license fee shall be made for any cause whatsoever. All licenses must
be renewed annually on or before July 1 of each year. Such license
shall be issued upon the condition that the same may be summarily
revoked in the event the licensee is found to have given any false
information or in any way misrepresented any material fact upon which
the issuing authority has relied in granting such license. No refunds
will be given in such case.
The Board of Commissioners, upon receipt of
an application for license under this chapter, shall determine whether
or not a license shall be issued or a renewal thereof shall be granted
after an examination of the application and upon the fullest consideration
of the suitability of the premises proposed to be used for the purposes
of the license, the character of the property adjacent thereto and
the effect of the proposed use, taking into consideration the health,
welfare and safety of the residents of the Township and any potential
hazard which may result to adjacent properties and structures thereon
or to the residents of the Township. Upon approval of the application
for license, the Board of Commissioners shall issue to the applicant
a license upon which such license shall be designated the name of
the junkyard. Such license shall be at all times conspicuously posted
upon the premises licensed thereunder. No such license issued by the
Board shall be transferable or assignable by agreement, will, intestacy
or otherwise.
No license or renewal of license shall be issued
to any person who, within five years immediately preceding the date
of his application, shall have been convicted for any felony or misdemeanor
crimen falsi.
[Amended 1-4-2016 by Ord.
No. 2016-01]
Every license hereunder shall provide and shall
at all times keep and maintain records, in the English language, or
at the time of his purchase, acquisition or receipt of junk, a full
and complete description, including trade names, serial or manufacturer's
numbers, if any, of every article or item of junk purchased, acquired
or received by him, the date and approximate hour of such purchase,
acquisition or receipt and the name and address of the person from
whom such article or item of junk was purchased, acquired or received.
Such written records shall at all times be subject to the inspection
of the Chief of Police or equivalent official for just cause. Such
records shall be retained for a period of five years.
Every licensee hereunder shall keep and retain
upon the licensed premises, for a period of 24 hours after the purchase,
acquisition or receipt thereof, every item or article of junk so purchased,
acquired or received by him and placed on the licensed premises. The
licensee shall not disturb or reduce or alter the original form, shape
or condition of the same until such period of 24 hours has elapsed.
Every license hereunder shall constantly maintain
the licensed premises in the manner hereinafter prescribed.
A.Â
Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health and welfare
of the community or to residents nearby or a place for the breeding
of rodents and vermin.
B.Â
No garbage or other organic waste shall be stored
on such premises.
C.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 licensed land and to facilitate
access for inspection purposes and fire fighting.
D.Â
No junk shall be stored or accumulated nor shall any structure be erected within 25 feet of any side yard line nor within 50 feet of the front or rear yard line, nor shall any junk be stored within the buffer yard required by Chapter 220, Zoning, provided that nothing contained in this subsection shall apply to existing structures pertaining to and being used in connection with junkyards presently established and operating.
E.Â
Every structure erected upon the licensed premises
and used in connection therewith shall be of fireproof construction.
F.Â
The premises shall be enclosed by a metal chain link fence constructed of good heavy-duty steel and supported upon steel posts, or in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. The erection of such fence or wall shall be controlled by the setback provisions of Subsection D hereof. Such fence or wall shall not be less than six feet in height, nor shall two or more vehicles or major parts thereof be stacked on top of one another or otherwise as to protrude above it. The erection of said fence shall be completed within 12 months after the effective date of this chapter. If, in the sole and exclusive opinion of a majority of the Board of Township Commissioners, it should appear that the owner and/or operator of a junkyard situate within the Township have clearly demonstrated that they are making a continuing bona fide effort to comply with the fencing provisions of this subsection, then and in such event the Board may, in its sole discretion, grant an extension of time to such owner or operator of a junkyard for the completion of the erection of said fence, upon receipt of a written letter from said junkyard owner or operator requesting such an extension of time. It is further provided that the foregoing fencing provisions shall be applicable only to the portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion of land is not being used for the storage of junk as defined in this chapter.
G.Â
The land area between the above provided chain link
fence or wall and any public highway, street or avenue or adjacent
property shall be implanted with a screen planting consisting of trees,
shrubbery and other plant material arranged in a manner to serve as
a barrier to visibility, airborne particles, glare and noise. The
screen planting shall be in accordance with the following requirements:
(1)Â
Plant materials used in the screen planting shall
be comprised of not less than 50% evergreen material and shall be
not less than six feet in height.
(2)Â
The screen planting shall be permanently maintained.
(3)Â
The screen planting shall be so placed that at maturity
it will not be closer than five feet from any street or property line.
(4)Â
A clear sight triangle shall be maintained at all
street intersections and at all points where private accessways intersect
public streets.
(5)Â
The screen planting may be broken at points of vehicular
or pedestrian access and at other points where a barrier is not necessary,
provided that no outdoor storage of junk shall be so located to be
visible from any adjacent property.
(6)Â
Prior to the issuance of a license, complete plans
showing the arrangement of all buffer yards and the placement, species
and size of all plant materials to be placed in such buffer yard shall
be approved by the Board of Commissioners.
H.Â
All junkyards must also be established and maintained in accordance with relevant provisions of Chapter 220 Zoning, specifically §§ 220-166, Junkyards, 220-201, Screening requirements, 220-202, Buffering requirements, and specific zoning district permitted use sections.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 11-9-1998 by Ord. No. 98-12]
The Township Manager or his designee shall from
time to time regularly inspect the premises of every licensee hereunder
for the purpose of determining whether the licensee has established
and maintained his premises in full compliance with the provisions
of this chapter and such rules and regulations which may hereafter
be adopted by the Township regulating and licensing junk dealers and
the establishment and maintenance of junkyards. The Township Manager
or his designee shall forthwith prosecute any discovered violation
of this chapter. The Township Manager or his designee shall, not less
than twice yearly, furnish to the Board of Commissioners a report
of such inspection, the same to be in writing and in the form prescribed
by the Board.
[Amended 11-9-1998 by Ord. No. 98-12]
Every junkyard in the Township shall at all
times be subject to inspection during reasonable hours of the day
by the Township Manager or his designee. To facilitate such inspection,
all junk therein shall be arranged and maintained in a neat and orderly
fashion. All of such junk vehicles and other junk are to be arranged
in rows with a minimum of 20 feet of clear space between each row
and each of the rows shall be no greater in width than 40 feet.
No junk scrap, automobile bodies, motors or
any other item of junk as defined in this chapter shall be stored,
maintained, situated, placed or otherwise located within 20 feet of
any river, stream, run, creek, irrigation ditch or any other natural
watercourse within the boundary lines of the Township.
No junkyard as defined in this chapter shall
be granted a license under the provisions hereof, unless off-street
parking is provided within the property owner's boundary lines.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day that such violation exists shall constitute a separate offense,
and each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this chapter in equity in the
Court of Common Pleas of Cumberland County.
