Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 9-23-1982 by Ord. No. 37-82 (Ch. 82 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Business licensing — See Ch. 113.
Nuisances — See Ch. 246.
Unlicensed vehicles — See Ch. 345.

§ 212-1 License required.

No person shall establish, operate or maintain a motor vehicle junkyard business unless he shall first obtain a license for such yard or business from the Mayor and Council of the Township of Marlboro.

§ 212-2 Number of licenses limited; policy.

A. 
The Mayor and Council shall grant 11 licenses to persons for the purpose of establishing, operating or maintaining a motor vehicle junkyard or business or retail and/or wholesale junkyard. No further licenses, over and above the amount listed and attached to this article[1] and identified by block and lot and legally operating as of August 12, 1982, according to records in the Office of the Assessor, shall be granted.
[Amended 3-24-1983 by Ord. No. 7-83]
[1]
Editor's Note: A list of properties operating as active junkyards is on file in the office of the Township Clerk.
B. 
It is the policy of the Mayor and the Township Council to license all legally existing businesses. However, all similar establishments must comply with all the requirements of this article.

§ 212-3 Definitions and word usage.

A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
MOTOR VEHICLE AUCTION AND SALVAGE
Any business who operates in accordance with a motor vehicle junkyard license issued pursuant to this ordinance but whose sole business involves the operation of a salvage pool or auto auction for the sale of total loss vehicles and heavy equipment on behalf of insurance companies or charitable organizations; provided, however, that no dismantling, parting out, crushing or shredding of vehicles shall be permitted.
[Added 12-18-2014 by Ord. No. 2014-24; amended 10-20-2016 by Ord. No. 2016-15]
MOTOR VEHICLE JUNKYARD
Any business or place of storage or deposit, whether in connection with another business or not, which displays in or upon which there is displayed to the public view two or more motor vehicles which are unfit for use for the highway transportation, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded material which has been a part of any motor vehicle, the sum of which parts or material shall equal in bulk two or more motor vehicles.
B. 
When used herein, "person" shall be held to mean and include partnerships and corporations and any other legal entity capable of suing or being sued; the masculine gender shall include the feminine and neuter genders, and the singular number shall include the plural number.

§ 212-4 Application for license.

Any person desiring to procure a license shall file with the Business Administrator or his designee a written application, signed by the applicant or applicants, setting forth:
A. 
The names and residences of the applicants if an individual, partnership or firm, or the names of the principal officers and their residences if the applicant is an association or corporation.
B. 
The length of time such applicant or applicants if an individual, partnership or firm, or the manager or person in charge if the applicant is an association or corporation, has or have resided at his or their present address, his or their places of previous employment, whether he or them or any of them have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
C. 
Whether the applicant or applicants if an individual, partnership or firm, or the manager or person in charge if the applicant is an association or corporation, has or have been employed by a junk dealer or has or have been a junk dealer or dealers.
D. 
The premises where said business is to be located or carried on.
E. 
Such other information that may be required by the Mayor and Council of the Township of Marlboro.

§ 212-5 Location.

No premises shall be used for establishing, operating or maintaining any junkyard or business as defined in § 212-3A, nor shall any junkyard be operated or situated, within a distance of 500 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 decision of this state; provided, however, that no such junkyard shall be located within an area which is less than 5,000 linear 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 the 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.

§ 212-6 Issuance of license.

Upon the filing of the application as herein provided, the Mayor shall, after investigation of said application and the payment to the Township of the license fee herein provided, in his discretion, issue to the applicant a license.

§ 212-7 License information, term and revocation.

All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junkyard, the date of issuance and expiration of the license and the name and address of the licensee. All licenses granted by the Mayor shall expire on the first day of January next after granting the same, and all such licenses issued shall be subject to the right of revocation reserved by the Council, except that the licensee shall be entitled to a hearing before revocation.

§ 212-8 Fees; nontransferability.

[Amended 6-5-2008 by Ord. No. 2008-17]
Each applicant for such licenses shall pay an annual license fee of $1,000. No license shall be transferable; and any holder of such license who permits it to be used by any other person shall be guilty of a violation of this article, and such license shall be subject to immediate revocation. For each renewal of such license, the fee shall be the same as for the original issuance, and a new bond shall be furnished with each renewal as in the case of the original issue. A mercantile license will be issued without additional fee.

§ 212-9 Records.

Each licensee shall provide a quarterly report to the Chief of Police of the Township of Marlboro detailing the year, model and serial number of each motor vehicle acquired by said licensee during the previous three-month period. Such reports shall be based upon the quarters of January through March, April through June, July through September, and October through December. Said reports shall be received by the Chief of Police of the Township of Marlboro by the 15th calendar day of the first month of the succeeding quarter. Each licensee shall maintain the records required in § 212-28 of this chapter.

§ 212-10 Operation restricted to specific location.

No license issued hereunder shall entitle such licensee to operate thereunder at, in or on any other lot, building or location than that which is specified in said license.

§ 212-11 Hours.

[Added 4-9-1987 by Ord. No. 11-87; amended 12-18-2014 by Ord. No. 2014-24]
A. 
No junkyard shall operate in any manner, other than the business office directly connected to the junkyard, except between the hours of 7:00 a.m., prevailing time, and 5:30 p.m. prevailing time, except for emergency deliveries upon advanced notice to the Township Police Department; however, in no event after 8:00 p.m. Employees may be present in the office at other times.
B. 
Any motor vehicle auction and salvage business as defined by this chapter shall be permitted on Monday through Friday to take delivery of vehicles up to 7:00 p.m., provided that they establish a separate area approved by the Planning Board or Board of Adjustment for off-hour dropoff of vehicles between the hours of 5:00 p.m. and 7:00 p.m.

§ 212-12 Licenses to be subject to rules.

All licenses under this article shall at all times be subject to such reasonable rules as may be made, from time to time, by the Mayor and Council of the Township of Marlboro for the proper operation and regulation of the places of business named in such license.

§ 212-13 Junk in public view prohibited.

No junk, old rope, iron, brass, copper, tin, lead or other metal, or damaged automobiles shall be kept or placed in front of the fence or in front of the place of business conducted by the licensee as a junkyard or in or upon any roof, fence or other object designed to place junk, old rope, iron, brass, copper, tin, lead or other metal, rags or damaged automobiles in public view.

§ 212-14 Fences.

A. 
Solid walls of cement block or poured concrete or fences at least eight feet above ground level and set back 30 feet 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, 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 will have two gates and/or doors for the purpose of ingress and egress.
B. 
The requirement for interweaving shall apply only to the sides of fencing facing the front or side, adjacent to residential zones.
C. 
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 80 days therefrom within which to construct or have constructed the wall or fence as prescribed in this article and shall not be liable to punishment under the provisions of this article unless the violations shall have occurred after the expiration of said eighty-day period.
D. 
Fences used for screening junkyards shall not be used for advertising purposes.
E. 
All signs shall conform to § 220-99 of Chapter 220, Land Use and Development.

§ 212-15 (Reserved) [1]

[1]
Editor's Note: Former § 212-15, Removal of fuel required, as amended, was repealed 10-20-2016 by Ord. No. 2016-15.

§ 212-16 Storage.

A. 
All flammable material removed from said motor vehicles and not removed from the premises shall be stored in accordance with the Fire Code.[1]
[1]
Editor's Note: See Ch. 183, Fire Prevention.
B. 
It shall be unlawful to stack, pile or place parts or motor vehicles upon said premises in such a manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice, vermin or mosquitoes, nor shall any junk be stacked, piled or placed or stored so that it shall be visible above the height of the fence surrounding said premises.

§ 212-17 Enforcement.

This article shall be enforced by the Zoning Officer, the Code Enforcement Officer and the Division of Police. [1]
[1]
Editor's Note: Original § 82-18, When effective; grace period, which immediately followed this section, was deleted 12-10-2009 by Ord. No. 2009-35.

§ 212-18 Violations and penalties.

[Amended 4-9-1987 by Ord. No. 11-87]
Any person who, by himself or by his Clerk, agent or employee, shall own, establish, operate, lease and/or maintain a motor vehicle junkyard or business, as herein defined, without a license as required by this article or who shall violate any of the provisions of this article or who, having had his license revoked, shall continue to establish, operate or maintain a motor vehicle junkyard or business, upon conviction thereof, shall be subject to the maximum allowable fine as provided in § 4-3 of the Code for each day during which such violation shall continue and/or be imprisoned in the county jail for the maximum allowable time, or both, in the discretion of the Magistrate before whom such person is convicted. In default of the payment of any fine imposed hereunder, such person may, in the discretion of the Magistrate, be imprisoned for up to the maximum allowable time. In addition to the penalties herein provided, the license of such person violating the same shall be subject to revocation.

§ 212-19 Definitions.

For the purpose of this article, the following words and terms shall be deemed to have the meanings herein given to them:
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 truck, cart or other vehicle for the purchase, sale and collection in small quantities of discarded articles and materials of every description, commonly called "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 are permitted to accumulate for the purpose of being sold at wholesale.

§ 212-20 License required; applicability.

No person shall engage in the business of a retail or wholesale junk dealer except pursuant to and within the terms of a license granted by the Mayor and Council; provided, however, that nothing in this article shall apply to persons maintaining a licensed motor vehicle junk business or motor vehicle junkyard, as defined in N.J.S.A. 39:11-2, unless such persons are also engaged in the purchase, sale and collection of discarded articles and materials other than motor vehicle and motor vehicle parts. A separate license shall be required for each place of business and for each vehicle maintained by junk dealers, as hereinafter provided.

§ 212-21 Granting of licenses.

The Mayor and Council shall grant licenses to such and so many persons as it shall think proper, which persons shall be of good moral character.

§ 212-22 Application for license.

Applications for licenses shall be in writing, signed by an applicant and filed with the Business Administrator, shall state the name, age and residence of the applicant and purpose for which the license is to be used, shall state the place where the licensed business is to be conducted or, in the case such license is sought for a vehicle, shall contain a detailed description of such vehicle, and shall be accompanied by the license fee hereinafter prescribed.

§ 212-23 Fees.

[Amended 6-5-2008 by Ord. No. 2008-17]
The license fees for the period of January 1 of each year to January 1 of the following year, both inclusive, or any portion of such period, shall be as follows:
A. 
For each retail junk dealer or places of business, including one vehicle maintained by such retail junk dealer, $1,000; and for each additional vehicle maintained by such retailer, $100.
B. 
For each wholesale place of business, including one vehicle maintained by such wholesale junk dealer, $1,000; and for each additional vehicle maintained by such wholesaler, $100.

§ 212-24 License certificate; metal plate.

The Township Clerk shall issue to every person to whom a license has been granted by the Mayor and Council a license certificate, which 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. In addition to such certificate, every licensed vehicle shall have displayed on the exterior thereof in a conspicuous place a metal plate to be furnished by the Business Administrator, bearing the words: "Township of Marlboro Licensed Junk Dealer No. ________________, Expires, _______________, 20___," with the number of the license and the appropriate date inserted.

§ 212-25 Bond.

Before a retail junk dealer's license shall be issued to any person, such person shall enter into a bond to the Mayor and Council of the Township of Marlboro, 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 Township of Marlboro regarding the business of retail junk dealer. Said bond shall also be approved as to form by the Township Attorney.

§ 212-26 Pledging or pawning prohibited.

No junk dealer 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.

§ 212-27 Purchase from minors and of stolen goods prohibited.

No junk dealers shall receive or purchase any articles or materials from a person under 18 years of age or which are known by him to have been stolen or converted.

§ 212-28 Records.

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.

§ 212-29 Lost or stolen articles.

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. If any articles or materials shall be advertised in any newspaper published in the Township of Marlboro as having been lost or stolen and said article or materials, or any portion of them, shall then be in, or thereafter come into, the possession of any junk dealer, said dealer shall forthwith give information thereof in writing to the Chief of Police, stating from whom the articles or materials were received or purchased and the time and date of the receipt or purchase.

§ 212-30 Hours.

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

§ 212-31 Drifting and scattering of rubbish prohibited.

No junk, papers or rubbish 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.

§ 212-32 Stacking of junk outside of fence prohibited.

No stacks of junk or piles of dirt or rubbish shall be permitted outside fenced enclosure.

§ 212-33 Fire protection required.

Sufficient fire extinguisher equipment shall be maintained in good working order at every junkyard in accordance with directions of the Fire Marshal of the Township of Marlboro.

§ 212-34 Storage of flammable material.

No flammable materials shall be stored unless the Fire Marshal of the Township of Marlboro is notified of the presence of said materials, and such materials shall be stored in such manner as the Fire Marshal may require for the purpose of eliminating fire hazards.

§ 212-35 Junkyards subject to inspection.

All junkyards shall be subject to the inspection of the Police Department, Fire Department, Health Department and Business Administrator and by any personnel charged with the duties of enforcing the health, safety and police ordinances, regulations and laws affecting or pertaining to this Township.

§ 212-36 Suspension and revocation of license.

Any license issued pursuant to this article may be suspended or revoked by the Mayor and Council or Municipal Judge, after reasonable opportunity to the licensee to be heard, for violation of any of the provisions of this article or any other ordinance of the Township of Marlboro. Such suspension or revocation may be either in addition to or instead of the penalties prescribed herein.

§ 212-37 Locations restricted.

No premises shall be used for establishing, operating or maintaining any junkyard or business, as defined in § 212-3 of the Motor Vehicle Junkyard Ordinance,[1] nor shall any junkyard be operated or situated within a distance of 500 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 linear 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 the 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.
[1]
Editor's Note: See Art. I of this chapter.

§ 212-38 Violations and penalties.

[Amended 4-9-1987 by Ord. No. 11-87]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished as provided in § 4-3 of the Code; and each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.