Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 1968-40, 10/10/1968, § I]
This Part shall be known as "Lower Macungie Township Junkyard Ordinance."
[Ord. 1968-40, 10/10/1968, § II; as amended by Ord. 2011-12, 10/6/2011]
Unless otherwise expressly provided, the following words shall, for purposes of this Part, have the following meanings:
BOARD
The Board of Commissioners of Lower Macungie Township, Lehigh County, Pennsylvania.
JUNK
Any and all used materials or articles regardless of value including, but not limited to metal, motor vehicles not bearing a current Pennsylvania State inspection sticker and, not fit for immediate use upon the highways, roads, streets and alleys of this Commonwealth or any parts thereof; glass, industrial waste, used building materials, including used plumbing supplies and fixtures, rags, bottles, paper and all other material and articles of any composition whatsoever not intended to be repaired for reuse. All farm equipment regardless of its condition if situate upon a working farm shall be specifically excluded from being: classified as junk, refuse or garbage kept in a proper container for the purpose of prompt disposal shall be excluded from being classified as junk.
JUNK DEALER
Any person who buys, sells, salvages, stores, or in any other way deals or owns, leases, operates or maintains a junkyard within the Township of Lower Macungie.
JUNKYARD
Any place where any junk as hereinbefore defined, is stored, disposed of, or accumulated. Any premises as herein defined having two or more motor vehicles not bearing a current Pennsylvania State inspection sticker and not fit for immediate use upon the highways, roads, streets and alleys of this Commonwealth shall be deemed a junkyard and said term shall also include garbage dumps and sanitary fills.
PERSON
Any natural person, partnership, firm, corporation, or other legal entity, including singular and plural, male and female.
PREMISES
Any parcel of land situate in Lower Macungie Township, Lehigh County, Pennsylvania, having a separate tax map parcel number for County assessment purposes or any portion thereof.
TOWNSHIP
Lower Macungie Township, Lehigh County, Pennsylvania.
[Ord. 1968-40, 10/10/1968, § III; as amended by Ord. 1999-18, 12/16/1999, § 93-3; and by Ord. 2011-12, 10/6/2011]
1. 
No person shall engage in business as a junk dealer or own, lease, operate or maintain a junkyard in Lower Macungie Township without first having obtained a license from the Board for which license the fee shall be in an amount as established, from time to time, by resolution of the Board of Commissioners, for each and every twelve-month period beginning September 1 and ending August 31 of the following year, such fee to be for the use of the Township.
2. 
Such license shall be renewed annually on or before the first day of September of each year. Where a junk dealer's business shall be established in Lower Macungie Township after the first day of September in any year the license fee payable by such junk dealer for the remainder of the twelve-month licensing period shall be computed in an amount as established, from time to time, by resolution of the Board of Commissioners, per month.
[Ord. 1968-40, 10/10/1968, § IV; as amended by Ord. 1999-18, 12/16/1999, § 93-4; and by Ord. 2011-12, 10/6/2011]
Application for a license provided for in § 10-103 or renewal thereof shall be made on a form to be furnished by the Township and filed with the Secretary of the Township accompanied by the license fee and a filing fee in an amount as established, from time to time, by resolution of the Board of Commissioners, which filing fee shall be retained by the Township regardless if the license is issued or not.
[Ord. 1968-40, 10/10/1968, § V]
Upon receipt of an application by the Board, the Board shall issue a license or shall refuse to issue a license to the person applying therefore 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, and the effect of the proposed use upon the Township, both economic and aesthetic. In the event the Board shall issue a license, it may impose upon the license and the person applying therefor such terms and conditions in addition to the regulations herein contained and adopted pursuant to this Part as may be deemed necessary to carry out the spirit and intent of this Part.
[Ord. 1968-40, 10/10/1968, § VI]
No person licensed under this Part shall, by virtue of one license, keep more than one place of business within the Township or maintain more than one junkyard, for the purpose of buying, selling and dealing in junk. No person shall engage in business as a junk dealer in any place other than the place designated upon his license, or maintain a junkyard in any place other than the place designated upon his license.
[Ord. 1968-40, 10/10/1968, § VII; as amended by Ord. 1999-18, 12/16/1999, § 93-7B]
1. 
No license issued by the Board shall be transferable by the licensee to any other person unless such a transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board, in writing, which notification shall be accompanied by an application for a license, as described in § 10-104 of this Part, by the transferee.
2. 
In the event that the Board shall approve the transfer of a license, the transferee shall immediately pay to the Township a transfer fee as provided in § 10-108.
[Ord. 1968-40, 10/10/1968, § VIII; as amended by Ord. 2011-12, 10/6/2011]
In the event the Board shall approve the transfer of a license the transferee shall immediately pay to the Township a transfer fee, in an amount as established, from time to time, by resolution of the Board of Commissioners.
[Ord. 1968-40, 10/10/1968, § IX]
1. 
Every person licensed under this Part shall constantly maintain the licensed premises in accordance with any special provisions imposed by the Board and in the manner prescribed by this section and any subsequent regulations adopted by the Board:
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 or vermin.
B. 
No garbage or other organic waste shall be stored in such premises.
C. 
Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall be drained and removed therefrom.
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 firefighting purposes.
E. 
All junk kept, stored, or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license hereunder, and as limited under paragraph .D above.
F. 
Except in junkyards established, maintained, used or operated by a person under a valid license issued by the Commonwealth of Pennsylvania, 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 Lower Macungie Township Zoning Ordinance [Chapter 27], as amended, 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.
G. 
Except in junkyards established, maintained, used or operated by a person under a valid license issued by the Commonwealth of Pennsylvania, when the Board shall deem it necessary and desirable, the premises to be licensed shall be enclosed by a fence of type, style and height to be determined by the Board. The Board may set forth the fence regulations at the time of the issuance of license or at the time of renewal or transfer of a license.
[Ord. 1968-40, 10/10/1968, § X; as amended by Ord. 1988-5, 4/21/1988, § 14; by Ord. 1999-18, 12/16/1999, § 93-9; and by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.