It shall be hereafter unlawful for any person to keep or maintain
a junkyard or junk shop or deal in junk in any place within the limits
of the Township without first having obtained a license for such purpose
as hereinafter provided, and in any manner contrary to the provisions
of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
GOOD CAUSE
The violation of any of the provisions of this chapter, or
any false statement contained in the application for license, or failure
to pay any license fee when due, or any conviction of the applicant
during the term for which the license was issued for the violations
of any criminal statute, or law of the State of New Jersey, or of
any State of the United States, or the United States government.
JUNK
Secondhand, discarded or unused waste material of any type
that has outlived its usefulness for its original purpose, including
iron, metals, glass, paper, rags, clothes, machines, automobiles,
motor vehicles, or parts thereof, or accessories thereof, such as
auto bodies and the like, and all other materials commonly or generally
known as "junk," in the ordinary meaning of the word, acquired or
collected for commercial purposes, including specifically parts and
portions of automobiles and discarded automobiles and automobile bodies.
JUNK DEALER
Any person, firm, association, partnership or corporation
which deals in junk for commercial purposes, or who buys or otherwise
acquires or collects or stores junk for commercial purposes within
the Township in the manner provided in this chapter.
JUNK SHOP
Any building within the Township in which junk is stored,
placed or sold or purchased for commercial purposes within the provisions
of this chapter.
JUNKYARD
Any lands or parcels thereof on which junk is collected or
placed or stored for commercial purposes or for any remuneration whatever.
LICENSED PREMISES
Any land or building or both whereon a junkyard is maintained
under license hereunder or any junk shop which is licensed, or any
premises for which a license is issued to a junk dealer under the
provisions of this chapter.
All licenses granted under this chapter and all premises licensed
hereunder shall be subject to the following regulations:
A. No part of any premises licensed shall be located within 200 feet
of any public street or within 300 feet of the boundary line of any
adjoining property owner.
B. No part of any premises sought to be licensed shall be located within
500 feet from any private residence not owned by the applicant or
any church or school.
C. A junkyard shall be enclosed by a solid board fence or other fence
made of other solid, nontransparent materials, eight feet high from
the ground and built in such a manner so as to obstruct visibility
of the junkyard from any public street or public property. The fence
or enclosure shall be suitably painted and maintained in good condition
at all times. There shall be no advertisement allowed or any description
or writing on the fence except the owner's name and description
of the character of his business and such description and writing
shall not exceed an area of six square feet. Such fence shall be constructed
in compliance with this chapter within three months of the granting
of any license under the provisions of this chapter.
D. The premises, area, piece or parcel of land licensed and used as
a junkyard shall have not more than two entrances and two exits, each
of which shall not exceed 15 feet in width and such entrances and
exits thereto and therefrom shall be enclosed by a gate or gates which
shall be secured, closed and locked when unattended so as to preclude
any entrance to the enclosure, whenever the enclosure may be unattended.
Such gate shall be built of solid board or other solid nontransparent
materials, which shall be at least seven feet and not more than eight
feet in height.
E. No junk or rubbish or salvage material of any type shall be maintained
outside of the enclosure surrounding the licensed premises of any
junkyard, nor outside of any junk shop licensed hereunder.
F. No license issued hereunder shall entitle any licensee to operate
under this license at, in or on any lot, building or location, or
any part thereof other than that specified in the license, and no
license shall be assignable or transferable to any other person or
party whatever.
G. Burning of materials, subject to all state regulations, may be allowed
on one day in each week between the hours of 8:00 a.m. and 8:00 p.m.,
on any licensed premises, except that this shall not prohibit the
use of acetylene torches in salvaging or repairing of any goods, motor
vehicles or other chattels on the premises or parts thereof. In the
event that fires of accidental nature occur on the licensed premises
in such numbers or such periods of time as to create a fire hazard
to other properties or inhabitants of the Township or otherwise occur
so consistently or in such number as to become a nuisance to the Fire
Department of the Township, the Township Committee may revoke the
license granted after due hearing and notice thereof because of the
hazardous nature or conduct of the business.
H. No materials of any explosive nature shall be maintained or demolished
on any licensed premises.
I. No materials shall be kept or maintained on the licensed premises
which shall be of such odorous nature as to be offensive to adjoining
property owners or other inhabitants in the area of the licensed premises.
J. The licensee shall take all reasonable measures to keep rats or other
vermin from the licensed premises.
K. The licensee shall maintain sufficient fire extinguishers on the
licensed premises at all times, and shall also establish, fire protection
according to standards recommended by the National Board of Fire Underwriters
for such premises. The licensee shall also report all fires to the
Fire Official of the Township, furnishing date and extent of fire
and cause, if known.
L. No licensee hereunder shall purchase any goods, articles, or other
materials whatever from any person under the age of 17 years.
M. No licensee shall pile or stack or place junk above the level at
the height of the fence enclosing a junkyard or otherwise in such
manner as to create a fire hazard or to create a place for the harboring
of rats, mice or vermin.
N. The business of the licensee shall be operated in such manner as
not to cause unreasonably loud noises that are either so consistent
or so audible as to be a nuisance to other property owners or inhabitants
in the neighborhood.
O. No licensee shall knowingly buy, sell, receive, dispose of, conceal
or have in his possession any motor vehicle from which the manufacturer's
serial number or any other number of identification mark has been
removed, defaced, altered, covered or destroyed with the apparent
purpose of concealing the identity of such vehicle.
P. All junk dealers shall keep books in which records are maintained
of all purchases by the junk dealer and which books shall be open
to inspection by any law enforcement agency in order to enable the
law enforcement agency to trace stolen goods.
[Amended 6-19-1996 by Ord. No. 344-96]
Any license issued by the Township may be renewed each year
thereafter furnishing notice of intention to renew said license in
writing with the Township Clerk, at least 30 days prior to the first
of the year, and upon payment of the annual license fee of $250. No
hearing shall be required for the issuance of any renewal license
unless objections are filed in writing with the Township Clerk, by
any inhabitant or taxpayer of the Township against the renewal of
these licenses. In the event a written objection is filed before renewal
as herein provided, the Township Committee shall set a date for hearing
and proceed to hear the objection and all evidence for and against
the issuance of such license not later than 15 days from the beginning
of the renewal period, and at the conclusion of the hearing the Township
Committee may then determine whether to issue a renewal license or
to deny the same, if evidence presented indicates sufficient cause
by virtue of prior violations of the ordinance by the licensee. The
Township Committee may authorize a temporary permit for such licensee
until the hearing has been completed and a determination made so that
the business of a licensee may not be suspended or interfered with
unreasonably by filing of any written objections.
[Amended 6-19-1996 by Ord. No. 344-96]
No licensee shall conduct any processing operations or purchase
or sales of material on the licensed premises after 8:00 p.m. and
prior to 8:00 a.m., of the following day, on weekdays, or at any time
on legal holidays designated as New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving and Christmas. On Saturdays,
licensees may only operate between the hours of 8:00 a.m. and 4:00
p.m. Operations of any type on Sundays is prohibited.