[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 5.36 of the 1998 Code. Amendments noted where applicable.]
The purpose of this chapter is to provide a uniform set of procedures for administering the issuance, renewal and revocation of licenses issued for the operation of a junkyard, junk shop or automobile graveyard.
It is unlawful for any person, firm, corporation, association or partnership to maintain, operate or conduct a junk shop, junkyard or automobile graveyard in or upon which junk, as hereinafter described, shall be purchased, sold, stored, repaired, renovated or restored, within the Township of Montville, without first having obtained a license for such purpose, as hereinafter provided.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTOMOBILE GRAVEYARD
- An establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
- Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
- JUNK DEALER
- Any person who deals in junk for commercial purposes or who buys or otherwise acquires or collects or stores junk for commercial purposes within the Township of Montville in the manner provided in this chapter.
- JUNK SHOP
- Any building within the Township of Montville in which junk is stored, placed, sold or purchased for commercial purposes within the provisions of this section.
- An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
- LICENSED PREMISES
- Any lands or buildings or both whereon a junkyard or automobile graveyard 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.
- Any individual, firm, partnership, cooperative, association, personal representative, corporation, receiver, trustee, assignee or any other legal entity.
Every applicant for a license under provisions of this chapter shall file with the Township Clerk of the Township of Montville a written application signed by the applicant or applicants, which application shall state:
The name and permanent and local address of the applicant. If the applicant is a corporation, the names and addresses of all officers and registered agents and the office of each; if a partnership or association, the names and addresses of all members thereof.
An accurate description, by metes and bounds, and block and lot number, of the premises sought to be licensed. A site plan must also be provided showing buildings, equipment being utilized and storage areas. In lieu of a site map, an aerial photograph may be provided which can be utilized for a five-year period, provided significant changes have not been made to the site.
The nature of the equipment to be used in the business and the methods of operating same.
If vehicles are to be used in the operation of said junkyard, junk shop, automobile graveyard or other licensed premises, a description of the vehicles along with serial number and license plate number.
A description of the nature of the business and the goods, property or services to be sold, provided or purchased.
A statement of the distance of the outside boundary of the premises sought to be licensed from the nearest adjoining public road or roads and the adjoining properties owned by persons other than the applicant.
The days of the week and the hours of the day during which the licensed premises will be in operation.
A statement as to whether the applicant has been convicted of any crime or violation of any Township ordinance other than traffic offenses and, if he/she has, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed. If the applicant is a corporation, the foregoing shall be provided on all officers of said corporation.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and the applications of corporations shall have attached individual statements containing all the information required by this subsection relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall accompany the application.
The application for license shall be accompanied by an application fee, which is included in Chapter 169, Fee Schedule, to cover the cost of processing the application.
[Amended 3-23-2010 by Ord. No. 2010-11]
The application shall be filed at least 15 calendar days prior to the date when the application is to be considered by the Township Committee of the Township of Montville but no later than September 1 of each year.
The applicant shall submit proof that all real estate tax bills due and owing to the municipality have been paid in full. The applicant shall submit proof that all prior application fees and license fees have been paid in full prior to the issuance or renewal of any license.
The Township Committee may consider the application for license at the meeting for which said application and proofs and fees are presented, or it may set a date for a hearing to be held on said application at some reasonable time thereafter.
The Township Committee may investigate the applicant and the matters set forth in the application through its own officers, employees or representatives and:
The Chief or Assistant Chief of the duly established Fire District located within the Township shall make an inspection of the premises and shall submit a report in writing to the Township, which report, if unfavorable, shall set forth the facts or evidence upon which an unfavorable recommendation is based.
The Township Health Department shall issue a report as to whether there are any violations of the health codes and regulations as they pertain to the premises to be licensed.
The Police Department shall issue a report concerning its recommendations.
After considering all the evidence with respect to the application, the Township Committee may deny the license to the applicant for good cause as revealed by the facts or evidence, and if any application for license is denied, the Township Committee shall state in writing the reasons for the denial forming the good cause found by the Township Committee denying the license to the applicant. Upon denial, the applicant shall be entitled to a hearing within 30 calendar days of the applicant's receipt of a denial of the license, pursuant to the provisions of § 226-11B and C of this chapter.
The Township Committee, after investigating and considering an application for license hereunder or after a hearing on the same, shall, if the application subscribes to the provisions of this section, authorize the Township Clerk to issue a license to the applicant.
The license, when issued by the Township, shall be displayed in a conspicuous place upon the licensed premises at all times.
All licenses issued pursuant to this chapter shall expire on December 31 of the year of issue at 12:00 midnight. Applications for licenses shall be made no later than September 1 of any year; applications for renewals of licenses shall be made no later than September 1 of each subsequent year after the year first issued.
All licenses granted under this chapter and all premises licensed hereunder shall be subject to the following regulations. The Township Committee may waive the application of any of the following regulations if the applicant shows that the enforcement of the regulation will result in a unique hardship.
No part of any premises sought to be licensed shall be located within 200 feet from any private residence not owned by the applicant or within 500 feet of any church or school.
A licensed premises shall be completely obstructed from view from the public road. In obstructing the view from the public road, the licensee shall construct a solid fence or wall, pursuant to provisions of this chapter, to effectively screen or obstruct visibility of the licensed premises from any public street or public property from outside the enclosure.
No junk or rubbish or salvage material of any type shall be maintained outside the enclosure surrounding the licensed premises as to junkyards or automobile graveyards nor outside of any junk shop licensed hereunder.
No license issued hereunder shall entitle any licensee to operate under said 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.
No materials shall be kept or maintained on the licensed premises which shall be of such an odorous nature as to be offensive to adjoining property owners or other inhabitants in the area of the licensed premises.
The licensee shall take all reasonable measures to keep rats or other vermin from the licensed premises.
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 Township Clerk, furnishing the date and extent of fire and the cause, if known.
No licensee shall pile or stack or place junk above the level at the height of the fence or wall enclosing a licensed premises or otherwise in such manner as to create a fire hazard or to create a place for the harboring of rats, mice or vermin.
Auctions and/or the use of loud speakers are prohibited.
No licensee shall knowingly buy, sell, receive, dispose of or conceal or have in his possession any motor vehicle which does not have documents of legal purchase or from which the manufacturer's serial number, control number or any other number or identification mark has been removed, defaced, altered, covered or destroyed with the apparent purpose of concealing the identity of such vehicle.
There shall be no burning of materials on any licensed premises without permits from all appropriate governmental entities.
No licensee shall purchase any goods, articles or other things whatsoever from any person under the age of 16 years.
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 any law enforcement agency to trace stolen goods.
The licensed premises shall be open to inspection during normal business hours or at any time the premises is open to the public by the licensee or whenever employees, servants or agents of the licensee are present and conducting licensed activities upon the property. The Zoning Officer of the Township of Montville shall inspect each licensed premises at least once a year and file a report of such inspection with the Township Clerk.
Each license shall apply only to the person to whom it was issued and shall not be transferable to another person. The license may not be transferred to another location, unless approved by the Mayor and Council and then only after all provisions of this chapter and section have been complied with.
The property upon which a licensed premises is or is to be conducted shall meet the following requirements:
Parts of the junkyard which face the street or highway shall be enclosed by a solid wall or fence of a height of not less than seven feet above ground level. Any such wall or fence may have gates and doors for the purpose of ingress and egress. Such a wall or fence shall be of sufficient strength and uniformity so as to adequately contain within the licensed premises junk, debris and any other material used in connection with the junk business and stored or kept on the premises.
Parts of the junkyard which do not face a street or highway shall be enclosed by a fence of sufficient strength, height and uniformity so as to adequately contain within the licensed premises junk, debris and any other material used in connection with the junk premises and stored or kept on the premises.
The fence shall surround the entire area designated as the junkyard on the application for the license submitted pursuant to this chapter. The fence shall be placed no closer to any property line or road frontage than is permitted by Chapter 230, Land Use, subject to the condition that in no event shall the fence be closer than 12 feet to any side or rear property line nor any closer than 50 feet to the edge of the right-of-way of any roadway.
The fence must be installed within 60 days of the first issuance of a license pursuant to this chapter unless an application is made to the Township Committee for a waiver or an extension of time, based upon weather conditions or for good cause shown.
The requirement as to fencing may be waived by the Township Committee, in its discretion, where other effective, appropriate means of screening may be accomplished, including natural objects, landscape plantings, relocation of inventory on site to utilize an existing natural screen or screenable portion of the site or earth berms, graded and shaped and re-covered with topsoil and planted so as to provide a natural appearance, or for good cause shown.
Any waiver of fencing requirement pursuant to this section does not relieve the licensee of any obligations imposed pursuant to Chapter 230, Land Use, of the Code of the Township of Montville.
Screening and/or fencing shall be maintained in good condition and be as compatible with the general area as possible.
It is unlawful for persons to deposit or leave any abandoned or unlicensed automobile, truck or other automotive equipment or any part thereof or any other junk in open fields or upon any public or private property unless said premises is a licensed premises under the provisions of this chapter and said placing of such automobile, truck or other automobile equipment or parts thereof is placed with the direct permission of the owner of said licensed premises.
It is unlawful for any licensee to operate any licensed premises when such operation would be in direct violation of the Water Pollution Control Act and the Spill Compensation Control Act and any amendments or supplements thereto.
Any license issued pursuant to this chapter may be revoked by the Township Committee after 10 calendar days' written notice to the licensee at the address set forth on the initial application of same. The notice shall specifically set forth the time and place of the hearing. A license may be revoked after a hearing for any of the following reasons:
Fraud or misrepresentation in any application for a permit or license;
Fraud or misrepresentation or other dishonesty in conduct of the licensed activity;
A violation of any provision of the Code of the Township of Montville;
Conviction of the licensee for violations of the laws of the State of New Jersey relating to the conduct of his business, including, but not limited to, theft, receiving stolen property, etc.;
Conduct of the licensed activity, whether by the licensee, his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare;
Other good cause.
At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses on his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged. In the case of an appeal of a denial of a license, the denial will be affirmed if the Township Committee is satisfied, by a preponderance of the evidence, with the reasons for denial.
The Township Committee shall render a decision pertaining to said denial/revocation as a result of the hearing within 30 calendar days from the date of the initial hearing or 30 calendar days for a hearing resulting from any extension requested.
Any person who shall violate a provision of this chapter or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.
[Amended 2-28-2006 by Ord. No. 2006-09]
The imposition of a penalty for a violation of this chapter shall not excuse the violation nor permit it to continue. Such violation shall be remedied within 10 calendar days of the imposition of said penalty; thereafter each additional 10 calendar days that such violation is permitted to exist shall constitute a separate offense. The application for the above penalty shall not be held to prevent the enforced removal of prohibited conditions.