[HISTORY: Adopted by the Borough Council
of the Borough of South Waverly: Art. I, at time of adoption of Code,
see Ch. 1, General Provisions, Art. I; Art. II, 7-5-1995 by Ord. No. 7-5-95-5. Amendments noted where applicable.]
This Article 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 article
to have the meanings below indicated:
- BOROUGH
- The Borough of South Waverly.
- COUNCIL
- The Council of South Waverly Borough.
- JUNK
- 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.
- JUNK DEALER
- Any person, as hereinafter defined, who establishes, maintains, uses or operates a junkyard, as hereinafter defined, within the Borough of South Waverly.
- JUNK VEHICLE
- Vehicles sold or to be sold for scrap, being stripped or being used or sold for parts.
- JUNKYARD
- 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.
- LICENSE
- The permit granted to a junk dealer.
- PERSON
- A natural person or an association, partnership, firm, corporation or other business entity.
- SCREENING
- 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 article 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 article and any regulations adopted pursuant to
this article.
(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 article.
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 article, 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 § 75-7 of this article. 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 article 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 article
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 article 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 article 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 article, 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 article 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 article
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 article.
[Added 6-2-2010 by Ord. No. 06-02-10-02[1]]
The contracting police agency is authorized to assist the Code
Officer to enforce the provisions of this article.
[1]
Editor’s Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
Any person who violates any of the provisions
of this article shall, upon conviction thereof by a summary proceeding,
be sentenced to pay a fine of not less than $100 nor more than $600
and the costs of prosecution and, in default thereof, shall be committed
to the Bradford County prison for a period of not more than 30 days
for each separate offense. Each day's violation of any of the provisions
of this article shall constitute a separate offense.
In addition to the remedies provided in § 75-11 above, any continued violations of this article 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 article shall be
permitted to operate under the terms of the preexisting South Waverly
Borough Junkyard Ordinance, which is intended to be superseded by
this article, though December 31, 1993.
[Adopted 7-5-1995 as Ord. No. 7-5-95-5]
As used in this article, the following words
or phrases shall have the meanings ascribed to them in this section:
- ABANDONED
- Any vehicle resting for 96 hours or more and which is inoperable, without current registration plates, certificate or inspection.
- APPLIANCE
- A stove, refrigerator, television, furnace, water heater, water softener, washer, dryer or mangle, household articles used to perform any of the necessary work in a household and articles used in business to increase production or to speed, ease or eliminate work.
- BOAT
- Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
- DISCARDED
- Any item resting for 96 hours or more with no known or apparent owner.
- HOUSEHOLD FURNISHINGS
- All items normally found and used in a home.
- JUNKED
- Vehicles sold or to be sold for scrap; being stripped or being used or sold for parts.
- MOTOR VEHICLE REPAIR SHOP
- A facility for automobile repair or automobile body repair, an automobile gas station for motor vehicle repair or a truck repair shop whose primary purpose is the repair of motor vehicles.
- PERSON
- A natural person, the members of an unincorporated association, all of the partners of a partnership and the officers and Board of Directors of a corporation.
- TRAILER
- A wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.
- VEHICLE
- An automobile, motorcycle, minibike, bicycle, go-cart, truck or other wheeled means of conveyance, motorized or self-propelled.
A.
It shall be unlawful for any person to accumulate
or store any junked, abandoned or discarded vehicle, mobile homes,
trailer, boat, appliance or household furnishing outside on private
or public property within the Borough of South Waverly, Bradford County,
Pennsylvania.
B.
It shall be considered a public nuisance as being
hazardous to the health, safety and welfare of the residents if said
object is leaking fluids; has broken glass; has jagged metal, plastic
or wooden material protruding from the object; is the place for the
breeding of rodents, diseased animals, snakes, rats, groundhogs, mosquitoes
and foul odors; is an attractive nuisance for children to be injured
on; contains the storage of combustible fuels; contains the storage
of poisonous liquids; and/or is improperly supported so that if the
support collapses it could result in harm or injury; and if the location
of the object will impede emergency and/or fire and rescue efforts
to a property because of the inability to move the object in the case
of an emergency or fire.
C.
Exemption. A property owner shall be allowed to store
one operable motor vehicle on his property that is unlicensed, meaning
without current registration, plates, certificate and inspection,
as long as said property owner shall comply with all of the applicable
motor vehicle laws of the Commonwealth of Pennsylvania that pertain
to the possession, operation and use of said vehicles.
D.
Exemption. A junk motor vehicle will be allowed to
be parked on the exterior premises of a motor vehicle repair shop
until repairs are effected, but in no case for more than a period
of 60 days unless one or more of the following conditions exist: a
pending civil lawsuit, a pending criminal lawsuit, an insurance investigation
or the vehicle is inoperable because of lack of the availability of
replacement parts. All motor vehicle repair shop owners wishing to
apply for the exemption status as provided for in this article shall
register their motor vehicle repair shop with the Borough Council
and provide to the Borough Council, upon request, evidence indicating
that each junk motor vehicle on their premises qualifies for the exemptions
allowed in this article.
E.
Exemption. The property owner applying for said exemption
shall give the Council or its agent permission to view and inspect
the vehicle at the property owner's premises to determine if it is
in compliance with the intent of this chapter.
[Added 6-2-2010 by Ord. No. 06-02-10-02[1]]
The contracting police agency is authorized to assist the Code
Officer to enforce the provisions of this article.
[1]
Editor’s Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
A.
Any person upon summary conviction of violation of § 75-15 of this article before a Justice of the Peace or District Magistrate shall, for the first offense, be sentenced to pay a fine of not less than $10 nor more than $600 and, for each and every subsequent offense, shall be sentenced to pay a fine of not less than $25 nor more than $600 and, in default in payment of a fine assessed hereunder, shall undergo imprisonment for not less than five days nor more than 30 days. Each day the person is in violation of § 75-2 constitutes a separate offense.
B.
All prosecutions of this article shall be brought
in the name of the Borough of South Waverly before any Justice of
the Peace or District Magistrate and shall be commenced by information
and warrant, citation or complaint and summons and shall be directed
to and be served by a Constable or other proper person. Warrants shall
be returnable forthwith, and upon such return, like proceedings shall
be had as in case of summary convictions.
