[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly at time of adoption of Code (see Ch. 1, General Provisions,
Art. I) (Ch. 75, Art. I, of the 1992 Code). Amendments noted where
applicable.]
This chapter shall be known and may be cited as "South Waverly
Borough Junk Dealer and Junkyard Ordinance."
Unless the context clearly indicates otherwise, the following
words or phrases shall be construed in this chapter to have the meanings
below indicated:
The Borough of South Waverly.
The Council of South Waverly Borough.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel and other or scrap ferrous or nonferrous
material, including wrecked, scrapped, ruined, dismantled or junked
motor vehicles or parts thereof, but not including farm machinery,
provided that said farm machinery is used in connection with a bona
fide farm operation.
Any person, as hereinafter defined, who establishes, maintains,
uses or operates a junkyard, as hereinafter defined, within the Borough
of South Waverly.
Vehicles sold or to be sold for scrap, being stripped or
being used or sold for parts.
Any outdoor establishment or place of business or activity
which is maintained, used or operated for storing, keeping, buying
or selling junk or scrap metal processor or for the storage of two
or more junked vehicles.
The permit granted to a junk dealer.
A natural person or an association, partnership, firm, corporation
or other business entity.
The use of any natural objects, plantings, embankments, fencing,
walls or structures, or a combination of any of these, which will
effectively hide any deposit of junk so as not to be visible from
the road, street or highway, at all times of the year, by an occupant
of a motor vehicle viewing from a height of 4 1/2 feet above
the pavement.
No person shall engage or continue to engage in business as
a junk dealer or establish or operate a junkyard in the Borough except
as authorized by this chapter and without first having obtained a
license therefor from the Council. The license shall be issued for
a term of one year, beginning January 1 and ending December 31 the
same year, and shall be renewed annually on or before the first day
of January of each year. Such license shall state the name of the
person to whom the license is issued and the location of the junkyard
premises used or intended to be used and shall be posted conspicuously
upon such premises.
A.
Application for a license or any renewal thereof shall be made and
filed in writing by the proposed licensee with the Secretary of the
Council, on a form supplied by the Council. The application shall
including the following information:
(1)
Name, address and length of residence at such address of the applicant.
(2)
Address of the premises upon which such business is to be conducted
or upon which such junkyard is to be established or operated.
(3)
Name of the owner or owners of said premises, if other than the applicant.
(4)
Whether the applicant has been convicted within a period of three
years prior to the filing of such application of any crime involving
the unlawful taking, receipt, use or other disposition of a motor
vehicle or a part or parts thereof.
(5)
Statement that the applicant will comply with the provisions of this
chapter and any regulations adopted pursuant to this chapter.
(6)
(For renewal applications.) Statement that the applicant, during
the preceding term of his license, complied with and maintained his
premises in conformity with the provisions of this chapter.
B.
If the applicant is a partnership or association, the applicant shall
furnish the above information for every member thereof. If the applicant
is a business corporation, the applicant 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.
The Council, 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 purpose 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 Borough and any potential hazard which may result to adjacent properties and structures thereon or to the citizens of the Borough. No license shall be issued until the requisite license fee has been paid, as established in § 313-7 of this chapter. Such license shall be issued upon the condition that the same may be summarily revoked in the event that the licensee is found to have given any false information or in any way misrepresented any material fact upon which the Council or its duly authorized agent has relied in granting such license.
Every junk dealer shall pay an annual license fee for every
license or renewal thereof issued hereunder. No abatement of the annual
license fee shall be made for any cause whatsoever. No refund will
be given in the event of the revocation of a license fee by the Council.
The amount of the license fee shall be calculated in accordance with
the following schedule by a determination of the amount of land to
be used by the junk dealer for a junkyard, excluding all setback areas:
No person licensed under this chapter as a junk dealer shall,
by virtue of one license, establish, maintain, use or operate more
than one junkyard within the Borough. 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.
No license issued by the Council shall be transferable or assignable
by agreement, will, intestacy or otherwise.
Every junk dealer licensed under this chapter shall constantly
maintain the licensed junkyard premises in the manner prescribed by
this section and by any subsequent regulations adopted by the Council.
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 to residents
nearby or a place for the breeding of rodents and vermin.
C.
Whenever any motor vehicle shall be received as junk in the licensed
junkyard premises, all gasoline shall be drained and removed therefrom.
D.
Junk shall be stored and arranged in a neat and orderly fashion,
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 and inspection purposes. There shall be at
least 16 feet open space between each row of junk. Junked motor vehicles
may be stored end-to-end (a double row) for purposes of application
of this spacing requirement.
E.
A junk dealer licensed under this chapter shall not burn more than
one motor vehicle or its equivalent at one time. No oil, grease, tires,
gasoline or other similar material that might be dangerous or tend
to produce noxious smoke or odors shall be burned within a junkyard
at any time. Burning of vehicles must be attended and controlled at
all times; any burning shall comply with the requirements of the Department
of Environmental Resources.
F.
The junkyard premises to be licensed shall be set back a minimum
distance of 25 feet from the right-of-way lines of all abutting streets,
roads or highways, a minimum distance of 100 feet from any existing
dwelling house erected upon premises adjacent to the licensed premises,
but in any event not less than a minimum distance of 25 feet from
property lines of all adjacent properties, and a minimum distance
of 30 feet from any river, stream, run, creek, floodplain or other
natural watercourse in the Borough. The area between the setback line
and such right-of-way lines, other property lines and natural watercourses
shall be at all times kept clear and vacant, free of weeds, debris
and junk, including any motor vehicle incapable of meeting state inspection
requirements.
G.
No gasoline, oil or any other hazardous liquid or substance shall
be stored less than a minimum distance of 100 feet from any river,
stream, run, creek or other natural watercourse in the Borough.
H.
In no event shall any junk be kept, stored or accumulated on a junkyard
premises, nor any structure be erected to be used in connection with
a junkyard, within 500 feet of any existing church, cemetery, school,
playground, restaurant, motel or other place of public use or accommodation,
provided that nothing contained in this subsection shall apply to
existing structures used in connection with junkyards presently established
and operating which are otherwise in compliance with the provisions
of this chapter or to any junk presently kept, stored or accumulated
thereon.
I.
Screening shall be provided for any junkyard which is within 500 feet of the nearest edge of the right-of-way of an abutting public road, street or highway. Such screening shall be constructed, erected and/or maintained at a height of not less than six feet, shall be controlled by the setback provisions of Subsection F hereof and shall be completed within 12 months after the effective date of this chapter, provided that if, in the sole and exclusive opinion of a majority of the Council, it should appear that the owner and/or operator of a junkyard situated within the Borough has clearly demonstrated that he is making a continuing bona fide effort to comply with the screening provisions of this subsection, then and in such event the Council may, in its sole discretion, grant an extension of time to such owner or operator for the completion of such screening upon receipt of a written letter from said owner or operator requesting such an extension of time.
J.
No two or more vehicle or major parts thereof may be stacked on top
of one another.
K.
A person licensed under this chapter shall provide designated off-street
parking and loading facilities from a single entrance off any adjacent
street, road or highway, which facilities shall have, at a minimum,
a stone and gravel base and which shall be of a size sufficient to
accommodate one parking space for the junk dealer operating the junkyard
and an additional space for each employee of such junk dealer, plus
a sufficient number of additional spaces based upon the estimated
number of patrons or customers to be served, but in any event not
less than:
Every junkyard premises maintained or proposed to be maintained
within the Borough shall be subject to inspection during reasonable
hours of the day by any member of the Council or a duly authorized
agent thereof, who shall be and hereby is authorized to make regular
inspections of the junkyard premises of every licensee or proposed
licensee hereunder for the purpose of determining whether said licensee
has maintained and operated or will maintain and operate his premises
in full compliance with the provisions of this chapter and such further
regulations as may hereafter be adopted by the Borough regulating
and licensing junk dealers and the establishment and maintenance of
junkyards. The. Council or its duly authorized agent shall forthwith
prosecute any discovered violation of this chapter.
The contracting police agency is authorized to assist the Code
Enforcement Officer to enforce the provisions of this chapter.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a 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 Borough may enforce this chapter in equity in the Court of Common
Pleas of Bradford County.
In addition to the remedies provided in § 313-12 above, any continued violations of this chapter constituting a nuisance in fact or which shall, in the opinion of the Council, constitute a nuisance may be abated as such by proceedings against the violator by action in equity or law.
All ordinances or parts of ordinances heretofore enacted or
intended so to be in conflict herewith shall be and the same are hereby
repealed; provided, however, that a junk dealer actively operating
a junkyard on the effective date of this chapter shall be permitted
to operate under the terms of the preexisting South Waverly Borough
Junkyard Ordinance, which is intended to be superseded by this chapter,
through December 31, 1993.
