WAYNE TOWNSHIP BOARD OF SUPERVISORS

Resolution No.9 of 2010

WHEREAS, the Township of Wayne, Lawrence County Board of Supervisors.Dennis Hall. Supervisor, Charles Hutchison. Supervisor: Bruce Badger. Supervisorwishes to establish fees for Junk Yard License, Inspections, and Licenses:

\lOW THEREFORE. be it resolved that:I. I'he fee for a junk yard license is S 150.00

., The fee for inspection is $75.00, which is included in the license fee.

3. If a Iicense is not issued due to non-compliance \" ith the junk yardordinance standards. the applicant will receive a refund 01'$75.00 fromthe license fee.

SO RESOLVED this e" day of May. 2010.

Deni;Ts I {all, Chairman "

Charles Hutchison, Vice Chairman

By:d ;A~'

ORDINANCE NO. 4 OF 1993

An Ordinance of the Township of Wayne, LawrenceCounty, Pennsylvania, Amending Ordinance No. 2 of1977 by Providing That the Township Police ShallGive Notice To Remove Abandoned or Junked Vehicles.

BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained

by the Supervisors of Wayne Township, Lawrence County, Pennsylvania, that

Section 3 of Ordinance No.2 of 1977 is repealed, and in lieu thereof, the

following is enacted as Section 3 of said ordinance.

Section 3. Any person, individually, or as an officer of an

association or corporation, who places an abandoned or junked motor vehicle

or vehicles on any public or private property, or who permits abandoned or

junked motor vehicle or vehicles to be on his property, and who fails to

remove the same after receiving notice to do so from the Wayne Township

Police shall be guilty of violating the provisions of this ordinance.

All other provisions of Ordinance No. 2 of 1977 shall remain in

full force and effect.

Enacted and Ordained this 3rd day of June, 1993.

BOARD OF SUPERVISORS OF WAYNE TOWNSHIP

Attest:

Secretary

,ORDINANCE NO. 3 Of 1978

An Ordinance of the To~nship o~ Wayna, lawrenceC"••nty, P••rure y.Lv ••I1.l. ••• A."md1ng Ord1n;!mce No. 2of 1977 by Providing that ft Police Officer ShallGive Notice to Violators.

Be it enacted and ordained, and it is hereby enacted and ordained

by the Supervisore of Wayne To~nship, lawrence County, Pennsylvania, as

follow9:

Sectign 1. Section J of Ordinance No. 2 of 1911 ie hereby

repealed.

Section 2. There shall be edded to Ordinance No. 2 of 1977

Section 3 ~hich shell read es follows:

"Any person, individually, or ae en officer of an asaociation

or corporation, who places an ebandoned or junked ~otor vehicle or vehicles

on any public or private property, or who permits abandoned or junked motor

vehicle or vehicles to be on hie proparty, and who fails to remove the sama

after receiving ~ritten notice thereof from a police officer of the Township

of Wayne shell be guilty of violating the provisione of thia Ordinance."

Enact.d :ondorda:inod thi •• /I th de:,- of __ ~M_a-&y , ~91a.

BOAnD or GUPCRVI30R3

Attes't:'

\

•ORDINANCE NO. 2 OF 1977

An Ordinance of the Township of Wayne. Law-rence County. Pennsylvania. Declaring theStoraga or Keeping of Abandoned or JunkedMotor Vehicles an Public or Private Propertywithin the Township of Wayne a Nuisance andProhibiting the Storage or Keeping of ~bandonedor Junked Motor Vehicles an Said Public or Pri-vate Property within said Township of Wayne andPrescribing Penalties for Violation Thereof.

Be it enacted and ordained, and it is hereby enactad and ordained

by the Supervisors of Wayne Township, Lawrence County. Pennsylvania. as

follows:

Section 1, The storing or keeping of any abandoned or junked

motor vehicles an public or private land within 150 feet from any dwelling

house or within 150 feet from any road (except private roads) by any person,

association or corporation within the Township of Wayne is hereby daclared

to e a nuisance and it ia heraby prohibited,

Section 2, Ths following definitionQ ghall be eppliceble in the

n Ordinance,

A. As ueed in this Ordinance the term "vehicle" ~hell Mean all

~obilas, tractors, trucks, truck-trectors, truck-trailers and other

vehlclee of any k~ld,

H, Aa used in this Ordinance the term "abandoned or junked

vehiLle" shall mean any vehicle not houeed in a building in such a Btate of

disrepair as to be incapable of being moved under its own power or with any

tire mi88ing and without wheel or wheels, or with any window broken or miss-

ing, or in a dismantled condition, or without current inBpection sticker.

which has not been moved or used for more then five (5) coneecutlve days,

In the case of any such vehicle bearing current license plates, the five

(5)-day period shall commence only when the Secretary of the Township of

~ayne has sent notica by certified mail to the registered owner, stating that

the vehicle if not immediately moved shell be deemed to be abandoned.

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• •5ection 3, Any pereon, individually, or ae an officer of an

aeeociation or corporation, who plecee en abandoned or junked motor vehicle

or vahicles on any public or priveta property, or who perMits abandoned or

junked motor vehicla or vehiclas to be on his property, and who faila to

remove the same after receiving notice thereof from the Secretary of the

Township of Wayne shall be guilty of violating the provisions of this

Ordinance.

Section 4, The Supervisors of the Townehip of Wayne shall have

the power to requi~ the re~oval of abandoned or junked motor vehicle or

vahicles by any person who ha. placed or permits the Bame to be placed on

public property or on his privete property, end in default of 'which the

Supervisors may causs the same to be done and collect the costa thereof,

together with a penalty of ten (10%) per cent of such cost, in the manner

provided by law for the collection of municipal claims, or by action of

assumpsit.

Sectign 5. Anything to the contrary herein notwithstanding, licensed

junk yards and ferm trectors stored more then fifty (50) feet from any main

road 9h.ll be ft~.~pt¥rom tha provision. o~ thi. Ordinanc••

Section 6. Any person guilty of violating the provisions of this

Ordinance ~hal1. upon eummary conviction thorco~ be~ore a Dietrict Mogi~trote

be subject to a fine not exceeding FIFTY (S50) DOLLARS for each offense,

and in d,,-r••ult of p"Y"'"nt or ",••iLl r1"" "hall U.,committed to th••L••wrenc ••

County Jail for a period not exceeding twenty (20) days. Each calendar

day in which ••n abandoned or junked motor vehicle or vehiCles is stored or

kept in violation of this Ordinance shall constitute a separate and distinct

violation.

Section 7. In addition to any other right~ the Supervisors may

institute legel proceedings in a Court of Equity to enjoin the offense hersin

defined as a nuisance.

. .' • •Section 8. All parte of any Ordinance inconsistent herewith are

hereby repa.~ed. if

Enected and ordained this ~d.Y Of~~1.

Attest:

BOARD or SUPERVISORS or WAYNE TOWNSHIP

ORDJ.t(!\\CE NO. ;'L

') ,}.j. J ",~ 0)~v,."I( IJ,,",d., lJ

1967

1\n or d i ne.r.cc amending Section 13, VIOLATION, which

Ordinance l:egulac,s dnd requires the licensing of junk dealers

in Wayne T~~11Shipl l~avrencc County, Pennsylvania, and prescribingpenalties [or viol~l.on thereof; providing for the issuance of

li~enses tor junk J~alers rlnd 'for the naintenance and operation

of junk y~rct~ uncle! ~rescribcd conditions; prescribing remediesfor the aL..ttement of nuisunces and unlicenses junk yards and

scrap yard3; preSGr~!)lng psnalties for violators and pra:iding[or the revocation of licenses in the event of non-compliance.

The Boarel of Supervi sors of I'layne TOI<nship, Lawrence

County, Pcnn sy Lva uLa , pur suunt; to the Act of General Assembly

of the comnonwea l t t. of Penn s y Lvan i.a , approved May 1, 1933, P.L.

103, as arrcnded , l.r.own as "The Second Class Township Code" hereby

ordains as follo~s:

SECTION 1. Title

This Ordinance may be known and may

be cited as the Amendment to ~he \~ayne Township Junk Yard Ordinance.

SECTION 2. Violations

Section 13 Violations of Ordinance

No.1, 1965, being known as the I~ayne TOI<l1ship Junk Yard Ordinance

is hereby repealed and said Ordinance is amended as f o Ll.ows :

Any person who s ha Ll, violate any of the provisions of the

\\'ayne 'I'owns h i p Junk Yard Ordinance shall, upon conviction thereof,

by a sunuta r y proceeding be sentenced to pay a fine of not rnor e

than 5100.00 and the costs of prosecution, provided that each

dRY'S violntion of Dny of the provisions of this Ordinance shall

con s t i t u Lo a s e pe ra t c of f enrc and upon f a i l ur e to pay the 5.:1:':C

La undergo Lripr i s onr-cn t; in the Lawr e nc c County .t a i I for a t orn

not raor o tha n t h i r t y (30) <:il)'S.

SECTION 3. This amendment to said Ordinanceshall become effective five (5) days after its adoption.

Approved, adopted and enacted into an Ordinance this),a •..J- day of I-'J.Q"cl'[ v' , 1967, to become effective five (5)

days after its adoption.

BOARD OF SUPERVISORS OF ~)AYNE TOI'lNSHIP

By _Ralph Strealy, Chairman

" ATTEST:

Charles P. Durbin, Secretary

Alfred V. Papa, Solicitor

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~ • •LEGAL NQTICE

NOTICE is hereby given of the intention of the Board

of Supervisors of Wayne Township, Lawrence County, Pennsylvania,

to ~dopt the Ordin~ncG hGrGinaftGr gubmitted at itg m.Qtin~ to

be held at 7:30 o'clock P.M. E.D.S.T., on the 1st day of June,

1965, at the Wayne Township Building, Wampum-Ellwood Road,

Ellwood City, Lawrence County, Pennsylvania.

ORDINANCE NO. ~, 1965

An Ordinance regulating and requiring the licensing of

junk dealers in the Township of Wayne, Lawrence County,

Pennsylvania, and prescribing penalties for violation thereof;

providing for the issuance of licenses for junk dealers and for

the maintenance and operation of junk yardS under prescribed

conditions; prescribing remedies for the abatement of nuisances

and unlicensed junk yards and scrap yards; prescribing penalties

for violators, and providing for the revocation of licenses in

the event of non-compliance.

Pursu~nt to the Act of Goncr~l Assembly of the

Commonwealth of Pennsylvania, approved May 1, 1933, P.L. 103,

as amended, the Township of Wayne, Lawrence County, Pennsylvania,

by its Board of Supervisors, hereby ordains as follows:

Section 1. Short Title

This Ordinance may be known and

may be cited aa the Wayne Township Junk Yard Ordinance.

Section 2. Definitions

Unless otherwise expressly stated-- ••&,.- """-

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shall be issued for the twelve month period beginning January 1_J.

the following words and phrdses shall be construed throughout

this Ordinance to have the meanings herein indicated.

A. Person Shall include any partnership,assoc Lae Lcn , firm and corpora'tion.

B. T2Wnship Shall mean Wayne Township,Lawrence County, Pennsylvania.

c. ~ Shall mean the Board ofSupervisors of Wayne Township.

D. Junk Yard Shall mean any place wherejunk as hereinafter defined is stored,disposed of, or accumulated.

E. ~ Shall mean any discardedmaterial or article and shall include, butnot be limited to, scrap metal, scrapped,abandoned or junked motor vehicle or vehicles,machinery, equipment, paper, glas8, containers,and structures, Zt shall not include, however,refuse or garbage kept in a proper containerfor the purpose of prompt disposal, norshall it include farm machinery retainedby farmers to provide spare parts for farmequipment.

Junk Dealerhereinafterbusiness ofstorage andTownship of

Shall mean any person, asdefined, who shall engage in theselling buying. salvaging ordealing in junk within theWayne.

F.

G. License Shall mean the permit grantedto a person who accumulates, stores or disposesof junk as hereinbefore defined.

Section 3. License

NO person ahall engage in business

as a junk dealer, or maintain a dunk yard without first having

obtained a license from the Board, for which license a fee in

accordance with the schedule hereinafter sat forth ahall be

paid to the Township for the use of the Township. The license

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_______ .L-2:e~e~tained and adopted pursuant to this Ordinance as may--- ----------_. -----._-_. ----

and ending December 31. and each license must be renewed

annually on or before the first day of January of each year.

Section 4. Application for License

The license provided for in this

Ordinance shall be issued by the Board after written application

shall have been made therefor by the person desiring to be

licensed. Such license shall state the name of the person to

whom such license is issued and the premises on which such

butiineti!;i i::s t..o be conducLed, 01. !Such junk yaru .i..:::t Lo be

maintained. Such license shall be posted conspicuously upon the

premises licensed thereunder. The written application for lieens

har"innhov~ mentioned Rhall be ar.r.nmpaniAd by a form. every

question of which must be answered, which form will be supplied

by the Board. Applicant shall also submit therewith a plot of

the premises used or to be used in connection with such license.

Section 5. Issuance of License

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 therefor after an

examination of the application and taking tnto consideration the

suitability of the property proposed to be used for the purpose

of the license, the character of the properties located nearby,

and th •••• ff.,.:-t of tohe propoR~d u,," upon t.he 'I'own"hip. bot.h

economis 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

• •be deemed necessary to carry out the spirit and intant of this

Ordinance.

section 6. License Fee

The license fee shall be paid

im=ediately upon the issuance or renewal of a license. The

amount of the license fee shall be calculated in accordance with

the following schedule as determined by the actual land to be

used by the person to whom the license is issued, excluding all

set-baCK areas:

A. ~ot less than 217,800 square feet, butnot mcu e t.hen 250,000 ••quare feet - ; 50.00

B. Kot less than 250,000 square feet, butnot more than 300,000 square feet - $100.00

c. Not less than 300,000 squars fast. butnot more than 871,200 square feet - $125.00

No licen" ••••hall be issued for the use of a tract of land in

excess of twenty (20) acres, excluding set-back areas.

Section 7. License Limitation

No person licensed under this

Ordinance shall, by virtue of one license, keep more than one

place of business within the Township or maintain more tnan one

junk yard, 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 junk yard in any place other than the place

designated upon his license.

Section A. Transfer of License

No license issued by the Board

shall be transferable by the licenser to any other person unlessL__~--~-~--~t:har.ized_.D~_ !!?~r~._~ny person desiring

,.

• •• }U." l.1.c.,. Lfy the t;. in writing, whichto c "hall

notification shall be accov J t <'n app icat for a license

as described in Section 4 .Ls o~'.linc.('e,by the transferee.

Section 9. Jr'~

In 'lent ,e Board shall

approve the transfer , the tl ree shall immediatela li

pay to the Township a trans. fee of $10.00

Section 10. Records

Every person, licensed under this

Ordinance, shall provide and shall constantly keep a book in

which shall be clearly written in the English language a

description of every article or material purchased or received

by him, the date and hour of such purchase and the person from

whom such article or material was purChased, received or

ha.ndled. Sa:id record or r"cords sha Ll, at.all t.i.mesbe subject

to the inspection of any official of the Township.

Section 11. Delay in Disposal

Every person, licensed under this

Ordinance, shall keeP a~d retain upon the licensed premises,

for a period of forty-eight (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 forty-eight (48) hour"

shall have elapsed.

Section 12. Regulations

Every person licensed under this

. 1 Ord~~~shall constantly maintain the licensed premises in---.---- _ .., -- --.- ~-

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•• •accordance with any special provisions imposed by the Board

and in the manner prescribed by this Section and any subsequentregulations adopted by the BOard:

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a. Such premises shall at all times bemaintained so as not to conetitute anuisance or menace to the health ofthe community or of residents nearbyor a placQ for the breeding or rodentsand vermin.

b. No garbage or other organic waste shallbe stored in such premises.

c. Whenever any motor vehicle shall be receivedin such premises as junk, all gasoline andoil shall be drained and removed therefrom.Gagoline in an amount not exceeding tenllO} gallons may be stored above ground insaid junk yards provided the same be placedin containers approved by the Board. Allother gasoline which is kept in the premisesshall be stored underground, which under-ground storage must be approved by theBoard.

d. The manner of storage and arrangement ofjunk and the dr.ainage facilities of thepremises shall be such as to prevent theaccumulation of stagnant water upon thepremises and to facilitate access forfire-fighting purposes.

e. All junk kept, stored, or arranged on thelicensed premises shall at all times bekept, stored and arranged within the junkyard as described in the application forlicense hereunder, and as limited underparagraph d above.

~. A person licensed under' this ordinance shallnot burn more than one motor vehicle or itsequivalent at anyone time. Said bu.rningmuet he at a location which constitutes ~hefurthest point from the nearest dwellinghouse. No oil; grease, tires, gasoline orother similar m.terial that might hedangerous or tend to produce obnoxioussmoke or odors shall be burned within ajunk yard at any time. Burning of vehiclesmust be attended and controlled at all times.-.--~-. ---_ ..- -------

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The burning of vehicles individually must takeplace on wednesday and/or Friday of each weekbetween the hours of 7.00 o'clock A.M. and12.00 o'clock noon of each of ~aid daye.

g. The premises to be licensed shall be set backa minimum distance of twenty-five (25} feetfrom the right of way line on all streetsor roads and a minimum distance of five (51feet from all other property lines. Thearea between the set-back line and the rightof way line and all streets and roads andall other property lines shall be at alltimes kept clear and vacant.

h. When the Board shall deem it necessary anddesirable, the premises to be licensed shallat the set-back lines be enclosed by a fenceof type and style to be determined by the!lO<1ruOL' by evergreen screen plantings, orboth. The Board may set forth the fenceand planting requirements at the time ofthe issuance of a license or at the timeof renewal or transfer of a license.

l_ Th@ minimum gi~@ of any junk yard to belicensed pursuant to this Ordinance from theeffective date hereof shall be five (5) acresor 217,800 square feet. The maximum size ofany junk yard to be licensed from theeffective date of this Ordinance shall betwenty (20) acres or 871,200 square feet.

Section 13. Violations

Any person who shall violate any

of the provisions of this Ordinance shall upon conviction thereof

by a summary proceeding, be sentenced to pay a fine of not more

th~n $100.00 ~nd the coste of prosocution, provided that each

~y's violation of any of the provisions of this Ordinance shall

constitute a separate offense.

Section 14. Abatement of Nuisances

In additiOn to the remediesprovided in Section 13 above, a~y continued violations of this

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ordinance which sha~l constitute a nuisance in fact or which

shall in the opinion of the Board constitute a nuisance may

be abated by proceeding against the viOlator in a court of

equity for relief,

Section 15. Severability

If any Section of this Ordinance

shall be found to be invalid, the other Section of the Ordinance

shall not be affected thereby.

Section 16. Repeal

All Ordinances or parts of

Ordinances in conflict herewith be and the same are hereby

repealed.

.!iOARD OF SUPERVISORS OF WAYNE TO'i/NSHIPBy Alfred V. Papa, solicitor

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Ordinance whicn shall constitute a nuisance in tact or which

shall in the opinion of the Board constitute a nuisance may

equity for relief.

be abated by proceeding against the violator in a court of

Section 15. Severability

If any Section of this Ordinance

shall be found to be invalid, the other Section of the Ordinance

Section 16.

shall not be affected thereby.

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repealed.

Ordinances in conflict herewith be and the same are herebyAll Ordinances or parts of

I~ day

I<;'r' day

Approved, adopted and enacted into an Ordinance this~-<..-..-zof (] , 1965, to become effective the

of ff1 1965.

h•• _ L.... 4. - - _:.._

BOARD OF SUPERVISORS OF WAYNE TOWNSHIP

By R ~Ii/I Sll eel Iv.f I - VVC t'l u , II' I,. d. \

-8- _. 0_- . __

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I'alle No. J

U1~J~~ P.1.

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