[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 10-1-1962 by Ord. No. 3. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any discarded material or article such as is not ordinarily disposed
of as rubbish or refuse, and shall include but not be limited to scrap metal
and scrapped motor vehicles or any parts thereof, and shall not include any
garbage or other organic waste or any paper or rubbish.
[Amended 6-22-1992 by Ord.
No. 92-1]
No person shall engage in business as a junk dealer in the Township
of Montgomery without first having obtained a license from the Supervisors,
for which license the fee shall be set by resolution of the Board of Supervisors
from time to time, to be paid each and every calendar year, such fee to be
for the use of the Township. Such license shall be renewed annually on or
before the first day of January of each year, provided that in any case where
a junk dealer's business shall be established in the Township on or after
the first day of July in any year, the license fee payable by such junk dealer
for the remainder of such year shall be at 1/2 the yearly rate.
The license provided for in § 128-2 of this chapter shall be issued by the Supervisors after application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued, and it shall define the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder.
No person licensed under this chapter shall, by virtue of one license,
keep more than one place of business within the Township of Montgomery for
the purpose of buying, selling and dealing in junk nor shall any such person
engage in business as a junk dealer in any place other than the place designated
upon his license.
[Amended 6-22-1992 by Ord.
No. 92-1]
No license issued under this chapter shall be transferable from one
person to another person except when the ownership of a licensed premises
shall change. In any such case, the new owner shall apply for a transfer of
such license to him and shall pay a transfer fee as set by resolution of the
Board of Supervisors from time to time.
Every junk dealer licensed under this chapter shall constantly maintain
the licensed premises in the following manner:
A.
Such premises shall at all times be maintained so as
not to constitute a nuisance or a menace to the health of the community or
of residents nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste and no paper, rubbish,
rags or other flammable articles or materials shall be stored in such premises.
C.
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 fire-fighting
purposes.
D.
Such premises shall not be open for business nor shall
any work be done therein in connection with the storage, processing and transporting
or removal of junk at any time before 7:00 a.m. or after 6:00 p.m. on any
day with the exception that emergency calls due to highway accidents might
be serviced at any time.
E.
No junk shall be placed, parked or located upon such
premises in the area of the front yard as that term is defined and limited
in the respective zoning district in which the premises is located under the
provisions of the Montgomery Township Zoning Ordinance of 1952, as amended
in 1959 and thereafter;[1] and no junk shall be placed, parked or located within 25 feet
of any side or rear boundary line of said premises or within 50 feet of said
side or rear boundary line if the boundary adjoins a property either zoned
or used for residential purposes.
F.
There shall be erected and maintained on all of such
premises along all boundary lines thereof a fence at least six feet in height
of a link-type or similar metal construction, and said fence shall be maintained
in good repair. If any boundary line of such premises adjoins a residentially
zoned property or a property devoted to residential use, there shall be planted
and maintained a row of evergreens such as arborvitae or a plant similar thereto
all along said property line, and said plants shall be at least four feet
in height when planted and be maintained at this minimum height and be planted
no greater than eight feet from center to center. In the case of existing
junk dealers, the required fence and evergreen planting shall be erected,
planted and completed within six months of the effective date of this chapter.
[Amended 6-22-1992 by Ord.
No. 92-1]
Any person found violating any provisions of this chapter shall be subject
to a fine of not more than $600 and the costs of prosecution for each violation
thereof and be subject to imprisonment not exceeding 30 days in default of
payment of such fine. A new and separate offense shall be deemed to have been
committed for each day that said violation exists.
