Borough of Middlesex, NJ Chapter 244 Junkyards and Junk Dealers

[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex 3-9-2021 by Ord. No. 2024.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 244, Junkyards and Junk Dealers, comprised of Art. I, Junk Dealers, adopted 7-25-1951 by Ord. No. 178, as amended; and Art. II, Motor Vehicle Junkyards, adopted 6-12-1957 by Ord. No. 265, as amended.

§ 244-1 Definitions.

For the purpose of this chapter, the following words and terms shall be deemed to have the meaning herein given to them:

JUNK

Any scrap, waste or reclaimable material, motor vehicles, automotive equipment, construction or industrial equipment, combustible or noncombustible, or discarded articles and materials of every description, commonly called "junk."

JUNKYARD

Any lot, premises or building used for the scrapping, storing, dismantling or baling of scrap, waste or reclaimable material, motor vehicles, automotive equipment, construction or industrial equipment, combustible or noncombustible, whether the same is to be scrapped and baled for removal from the premises or sold on the premises at retail or wholesale.

PERSON

Includes individuals, partnerships, corporations and associations.

RETAIL JUNK DEALER

A person who goes about the streets soliciting the purchase of junk or who maintains a store, shop or other place of business or a vehicle for the purchase, sale and collection in small quantities of junk.

WHOLESALE JUNK DEALER

A person who buys and sells junk in large quantities and who maintains a warehouse, yard or other place of business where discarded articles and materials of every description are purchased or collected in large quantities and permitted to accumulate for the purpose of being sold at wholesale.

§ 244-2 License required.

No person shall keep, maintain or operate a junkyard or engage in the business of a retail or wholesale junk dealer without first having obtained a license therefor pursuant to this chapter.

§ 244-3 Application; fees; bond.

A. All applications for licenses shall:

(1) Be in writing, signed by the applicant, and filed with the Borough Clerk;

(2) State the name and address of the applicant and, if a firm, association, partnership or corporation, the names and addresses of the officers, registered offices and registered officers, if any;

(3) State the place where the licensed business is to be conducted or, in case such license is sought for a vehicle, shall contain a detailed description of such vehicle;

(4) State the nature of the materials that the applicant intends to use in the operation of the business;

(5) State whether all Borough taxes, both real and personal, on the subject property have been fully paid;

(6) State whether the applicant has been employed by a junk dealer or has been a junk dealer in the past;

(7) Be accompanied by the license fee, as hereinafter prescribed, by cash or certified check made payable to the Borough of Middlesex;

(8) Include any other information that may be required by the Borough of Middlesex;

(9) Include a copy of the approved zoning permit and/or the signed resolution by the Joint Land Use Board approving the use as a junkyard inclusive of appropriate limitations; and

(10) State any criminal record of the applicant or officers including any arrests or past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.

[Added 5-11-2021 by Ord. No. 2030]

B. Each application, notwithstanding the particular type of junkyard or type of junk dealer, shall be subject to a $500 application fee.

C. An applicant shall enter into a bond with the Borough of Middlesex, with good and sufficient surety to be approved by the Mayor and Council in the penal sum of $1,000 conditioned for the due observance of all ordinances of the Borough of Middlesex. Said bond shall also be approved as to form by the Borough Attorney.

§ 244-4 License term; renewal; transfers.

A. Each issued license shall be for the period from May 31 of each year to May 31 of the following year, both inclusive.

B. A license may be renewed for each subsequent year upon application to the Borough Clerk for renewal without filing a complete application as required for the original license, provided that:

(1) The application for renewal is accompanied by the annual license fee of $500.

(2) No changes have been made in the licensed premises, in the methods of operation or in the equipment or materials used in the business, and an affidavit to that effect is filed. If there has been any change, a complete statement of the changes made shall accompany the application for renewal.

(3) The bond entered into pursuant to § 244-3C, above, remains active or a new bond is obtained with the same conditions.

C. The transfer of any license provided for in this chapter to any other person shall be subject to the approval of the license issuing authority and shall be approved, provided that the applicant complies with all the terms and conditions of this chapter.

§ 244-5 License certificate issued.

If the applicant has fully complied with the terms and conditions of this chapter and any other applicable ordinance of the Borough, the Borough Clerk shall issue to the applicant a license certificate for the premises specified in the application. A license certificate shall state the purpose for which the license is granted, the name and business address of the licensee, the number of the license and the date of its expiration. Said certificate shall be displayed in a conspicuous place upon the licensed premises at all times or, in case of a licensed vehicle, in or upon such vehicle at all times when the vehicle is engaged in the business for which the license is granted.

§ 244-6 Rules and regulations for licensee.

Licensed premises shall be operated in accordance with the following standards and regulations:

A. No licensee shall receive in connection with his business any articles or materials by way of pledge or pawn, nor shall be lend or advance any money on the security of such articles and materials.

B. No licensee shall purchase any goods, articles or other things whatsoever from any person under the age of 16 years.

C. Every retail junk dealer shall keep a book in which shall be clearly written at the time of each purchase a description of the article purchased, the name and address of the seller and the date and hour of the purchase. Said book shall be available for inspection by any member or agent of the Police Department for a period of one year after the date of the purchase.

D. No junk shall be permitted to scatter, to drift or to be strewn either inside or outside the junkyard and all such materials shall be secured, fastened and neatly stacked.

E. No junk shall be permitted outside of a fenced enclosure or otherwise in public view.

F. It shall be unlawful to stack, pile or place junk in such a manner as to create a fire hazard or to create a place for the harboring or breeding vermin.

G. The required fire protection equipment shall be maintained in good working order at every junkyard in accordance with the Uniform Fire Code of the State of New Jersey under the direction of the Fire Marshal Office.

H. No flammable materials shall be stored unless it is in accordance with the Uniform Fire Code of the State of New Jersey under the direction of the Fire Marshal Office.

I. All gasoline, fuel or other explosive material shall be drained and removed from any motor vehicle within 24 hours after it is received on any premises located in the Borough of Middlesex; and said gasoline, fuel or other explosive material shall either be removed from said premises or stored in accordance with the Uniform Fire Code of the State of New Jersey under the direction of the Fire Marshal Office.

J. It shall be unlawful for any junk to remain in the open in such a manner that allows rainwater to collect and remain in any of the parts thereof for a longer period than 24 hours.

K. No retail junk dealer shall receive or purchase in connection with his business any articles or materials except between the hours of 7:00 a.m. prevailing time and sunset.

L. Every junk dealer who shall receive or be in possession of any articles or materials alleged to have been lost or stolen shall, upon demand, present them for inspection to any officer or agent of the Police Department.

§ 244-7 Subject to inspection.

All junkyards shall be subject to the inspection of the Zoning Department, Police Department, Fire Department, Health Department, and Fire Marshal Office by any personnel charged with the duties of enforcing the health, safety and Borough police ordinances, the Uniform Fire Code of the State of New Jersey, and other regulations and laws affecting or pertaining to this Borough.

§ 244-8 Suspension of license.

Any license issued pursuant to this chapter may be suspended or revoked by the Mayor and Council or Municipal Magistrate, after reasonable opportunity to the licensee to be heard, for violation of any of the provisions of this chapter or any other ordinance of the Borough of Middlesex. Such suspension or revocation may be either in addition to or instead of the penalties prescribed by § 244-11.

§ 244-9 Location.

No premises shall be used for establishing, operating or maintaining any junkyard or business, as defined in the ordinance to which this chapter is a supplement, other than in the industrial zone as defined by Chapter 420, Zoning, of the Borough of Middlesex, nor shall any junkyard be operated or situated within a distance of 50 feet of premises used exclusively for residential purposes or a school, church, or other place of public gathering, except that this section shall not apply to any premises entitled to a nonconforming use by reason of law or the judicial decisions of this state, provided, however, that no such junkyard shall be located within an area which is less than 5,000 lineal feet between the nearest lot line of such proposed junkyard and the nearest lot line of any other junkyard. The phrase "nearest lot line" as used herein shall be understood and construed in the case of irregular lot lines as being mean or average distance between such lot lines or, in case of lot lines on opposite sides of a street or roadway, as meaning the distance between said lines if the same were projected or extended so as to be on the same side of the street or roadway.

§ 244-10 Fences.

A. Solid walls of cement block or poured concrete or fences, at least eight feet above ground level and set back in accordance with Chapter 420, Zoning (Ordinance No. 220, as amended), shall be constructed and maintained in good repair at all times. Said fences shall be chain-link fences interwoven with plastic lining so that the contents of the junkyard, whether the junkyard is a motor vehicle junkyard or a junkyard operated, established or maintained by a retail junk dealer or a wholesale junk dealer, are not visible from the outside of the fence, and said solid walls or fences shall surround any area in which junk of any nature is stored. Any such wall or fence may have gates and doors for the purpose of ingress and egress.

B. Any person who maintains or operates a motor vehicle junkyard and/or a wholesale or retail junkyard on the effective date of this chapter shall have a period of two years therefrom within which to construct or have constructed the wall or fence as prescribed in this chapter and shall not be liable to punishment under the provisions of this chapter unless the violation shall have occurred after the expiration of said two-year period.

C. Fences used for screening junkyards shall not be used for advertising purposes.

§ 244-11 Violations and penalties.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both such fine and imprisonment, in the discretion of the court; and each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.