Zoning — See Ch. 175.
§ 102-2License required.
§ 102-3Restrictions on licensee.
§ 102-4Transfer of license.
§ 102-6Retention of records.
§ 102-9Adoption of regulations; notice.
§ 102-10Effect on existing junkyards.
§ 102-11Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- The Board of Supervisors of Daugherty Township, Beaver County, Pennsylvania.
- 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.
- 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 Township.
- Any place where any junk, as herein defined, is stored, disposed of or accumulated.
- Any natural person, partnership, firm or corporation.
- The Township of Daugherty, Beaver County, Pennsylvania.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall be a junk dealer or own, lease, operate or maintain a junkyard, as herein defined, within the Township without first obtaining a license to operate a junkyard as a junk dealer. The annual fee for such a license shall be set by resolution of the Board of Supervisors, and the license shall be effective for one calendar year only, each license terminating on December 31 of the year for which it is issued, subject to renewal upon reapplication. Application for a license or any renewal thereof shall be filed in writing with the Secretary of the Board and shall contain the applicant's sworn statement setting forth applicant's name and address, together with the names and addresses of all other persons interested in the business; an accurate description of the premises upon which the business is to be conducted and the junkyard located, including the Beaver County Tax Map parcel number; and a statement that the applicant will comply with the chapter and any regulations adopted pursuant to this chapter. Upon receipt of the application and license fee by the Township, 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 purposes of the license, the character of the properties located nearby, the compliance of the applicant with the terms and conditions of this chapter and the effect of the proposed use upon the Township, both economic and aesthetic. Such license shall at all times be conspicuously displayed upon the junkyard premises.
No person licensed under this chapter shall, by virtue of one license, keep more than one place of business within the Township of Daugherty 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; nor shall any such person, or any other person, operate upon any of the streets of the Township, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.
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.
Every junk dealer shall provide and shall constantly keep a book, in which shall 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 or received. Such book and all junk purchased, received or handled by any junk dealer shall at all times be subject to the inspection of the Chief of Police and any other official of the Township of Daugherty.
Every junk dealer licensed under this chapter shall keep and retain upon the licensed premises, for a period of 48 hours after the purchase or 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.
Every junk dealer licensed under this chapter shall constantly maintain the licensed premises in the manner prescribed by this section, as follows:
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 the residents nearby or a place for the breeding of rodents or vermin.
No garbage or other organic waste, and no paper, rubbish, rags or other flammable articles or materials shall be stored in such premises.
Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall immediately be drained and removed therefrom, and no more than 10 gallons of gasoline shall be stored above ground in said junkyard, and the same shall be placed in suitable containers. No other gasoline or oil shall be permitted to remain on the premises.
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.
Such premises shall not be open for business nor shall any work be done therein in connection with the storage, processing, transporting or removal of junk at any time on the first day of the week, commonly called "Sunday," or on any other day of the week before 7:00 a.m. and after 6:00 p.m.
No melting or burning of any junk shall be permitted in any junkyard or in the Township.
The premises to be licensed shall be set back a minimum distance of 25 feet from the right-of-way lines on all streets or roads and a minimum 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 other property lines shall at all times be kept clear and vacant.
All junk shall be stored behind a fence as herein specified, which fence shall be set back at least 25 feet from all lot lines of the premises occupied by the junkyard. Whenever such fence or any part of such fence is visible from a public road or from a residence of any adjoining property, a landscaped screen of trees and/or shrubs, of varieties capable of attaining a continuous height of six feet within two years, shall be planted along said fence or section of fence. All required open areas between fence and lot lines shall be maintained continuously in good order and free of weeds and shrub growth.
Every junkyard shall be completely fenced with a heavy-duty chain-link fence at least six feet in height with gates of similar fencing material, which gates shall at all times be securely locked except during business hours.
Any member of the Board or a duly authorized agent thereof may at any time enter upon and inspect any premises for which there is a pending application for a junkyard license or which holds a current junkyard license.
The Board may from time to time adopt regulations to carry out the provisions of this chapter upon giving notice to the licensees affected by such regulations.
Junk dealers and junkyards operating and existing in the Township on the effective date of this chapter shall not be required to obtain a license nor comply with the licensing provisions prior to July 1, 1964, and the license fee for the period ending December 31, 1964, shall be $100 only.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 nor more than $1,000 plus costs of prosecution for each offense and, upon default of payment of such fine, shall be committed to the Beaver County Jail for a period not to exceed 90 days. Each day's violation of any of the provisions of this chapter shall constitute a separate offense.