[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:
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.
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.
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.
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.
A.
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:
(1)
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.
(2)
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.
(3)
The nature of the equipment to be used in the business
and the methods of operating same.
(4)
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.
(5)
A description of the nature of the business and the
goods, property or services to be sold, provided or purchased.
(6)
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.
(7)
The days of the week and the hours of the day during
which the licensed premises will be in operation.
(8)
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.
(9)
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.
(10)
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.
B.
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]
C.
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.
D.
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.
A.
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.
B.
The Township Committee may investigate the applicant
and the matters set forth in the application through its own officers,
employees or representatives and:
(1)
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.
(2)
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.
(3)
The Police Department shall issue a report concerning
its recommendations.
C.
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.
D.
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.
E.
The license, when issued by the Township, shall be
displayed in a conspicuous place upon the licensed premises at all
times.
A.
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.[1]
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.
A.
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.
B.
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.
C.
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.
D.
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.
F.
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.
G.
The licensee shall take all reasonable measures to
keep rats or other vermin from the licensed premises.
H.
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.
I.
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.
J.
Auctions and/or the use of loud speakers are prohibited.
K.
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.
L.
There shall be no burning of materials on any licensed
premises without permits from all appropriate governmental entities.
M.
No licensee shall purchase any goods, articles or
other things whatsoever from any person under the age of 16 years.
N.
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.
O.
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.
P.
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.
A.
The property upon which a licensed premises is or
is to be conducted shall meet the following requirements:
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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:
(1)
Fraud or misrepresentation in any application for
a permit or license;
(2)
Fraud or misrepresentation or other dishonesty in
conduct of the licensed activity;
(3)
A violation of any provision of the Code of the Township
of Montville;
(4)
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.;
(5)
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;
(6)
Other good cause.
B.
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.
C.
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.
A.
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]
B.
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.
