[HISTORY: Adopted by the Council of the Borough of Lititz 9-28-1965 by Ord. No. C-51, approved 10-8-1965. Sections 72-4 and 72-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and sanitation — See Ch. 66.
A. 
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
JUNK
Any discarded or partially disassembled material or article, including but not limited to metal, glass, stone, machinery, equipment and motor vehicles. This meaning, however, shall not include garbage and other organic wastes nor paper, rags, rubbish, refuse or other flammable materials or articles.
JUNK DEALER
Any person who engages in the business of buying, selling, salvaging and dealing in junk or any person who maintains and operates a junkyard within the Borough of Lititz.
JUNKYARD
Any place where junk is accumulated, sorted, salvaged, disposed of or wrecked.
PERSON
A natural person, partnership, association, firm or corporation.
B. 
Word usage. Words in the singular shall include the plural, and those in the masculine gender shall include the feminine and neuter genders.
No person shall maintain a junkyard in the Borough of Lititz without first having obtained a license from the Lititz Borough Office. The license shall be issued for a calendar year and shall be renewed before the first day of January of each year. Licenses are not transferable. No person may keep more than one junkyard in the Borough under any one license.
Application for a license shall be made in writing to the Lititz Borough Council, which shall issue or refuse to issue a license to the person applying therefor after an examination of the application and after taking into consideration the suitability of the property to be used for the purposes of the license, the character of the properties nearby and the effect of the proposed use upon the health, welfare and safety of the residents of the Borough.
The annual license fee shall be as provided for in Chapter 55, Fees.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A person engaged as a dealer in new and/or used machinery, equipment or motor vehicles is excluded from the licensing provisions of this chapter, provided that the outside area of the premises used as a junkyard is less than twice the size of the inside service area of the same premises. Such person, however, shall comply with the regulations set forth under § 72-6.
Every person subject to the provisions of this chapter shall maintain the premises on which his business is conducted in the manner prescribed in this section.
A. 
The 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 not to constitute a place for the breeding of rodents and vermin.
B. 
No garbage or other organic wastes and no paper, rubbish, refuse, rags or other flammable material or article shall be stored on the premises.
C. 
Whenever any motor vehicle or other equipment shall be received on the premises as junk, all gasoline and oil shall be drained and removed therefrom. No gasoline or oil shall be permitted to remain upon the premises.
D. 
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.
E. 
The premises shall not be open for business nor shall any work be done thereon in connection with the accumulation, sorting, salvaging, disposing, 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. or after 6:00 p.m.
F. 
Junk may not be stored within 100 feet of any right-of-way line of any street, road or alley or within 100 feet of the property lines of the premises. All junkyards must be concealed by evergreen plantings or other enclosure approved by the Borough Council. No junk shall be stored on the premises higher than the enclosure.
Any person who shall violate any of the provisions of this chapter and shall be convicted thereof before the Mayor or any District Justice in the Borough of Lititz, Lancaster County, Pennsylvania, shall be sentenced to pay a fine not to exceed the maximum fine of $300, plus costs of prosecution, and in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Added 2-22-1966 by Ord. No. C-62, approved 2-26-1966]
If any of the regulations set forth in § 72-6 are shown by a person to the satisfaction of a majority of the members of the Borough Council to be unreasonable and to cause unique and undue hardship as they apply to such person, the Council may grant a variance in writing to such person from the regulation or regulations in question so that substantial justice may be done and the public interest secured; provided, however, that such variation will not have the effect of nullifying the intent and purpose of this chapter.