[HISTORY: Adopted by the Township Committee of the Township of Mansfield 8-27-1957 (§ 4-6 of the 1975 General Ordinances); as amended through Ord. No. 7-82. Subsequent amendments noted where applicable.]
Zoning — See Ch. 363.
After August 27, 1957, it shall be unlawful within the Township for any person to maintain, operate or conduct a junk shop, junkyard or automobile junkyard, or automobile graveyard in or upon which junk, as hereinafter described, shall be deposited, purchased, sold, stored, repaired, renovated or restored without first having obtained a license for such purpose. Such license shall be of three classes:
Existing Class C licenses issued prior to April 14, 1982, shall continue in effect until a new Class C license, as defined herein, is issued by the Township, pursuant to § 220-10, after having held a public hearing thereon. Thereafter, the former existing Class C license shall terminate and cease to exist.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes rags, scrap iron, brass, copper, tin, lead and other materials, unregistered automobiles which are unfit for reconditioning, sale or highway transportation, used parts of motor vehicles, old bottles, glass, lumber, paper, discarded machinery, or parts thereof, and any other secondhand articles or used materials and merchandise and such other articles or things as commonly come within the classification of junk.
Any person desiring to obtain a license as herein required shall file with the Township Clerk a written application signed by the applicant or applicants, which application shall state:
The name and residence of the applicant, and if a firm, association, partnership or corporation, the name and address of the officers and the registered agent or partners.
The detailed nature of the business to be conducted and the classes of material which are proposed to be stored therein, the premises upon which it is proposed to establish the business, a full metes and bounds description of the portion of such premises to be specially licensed, and a statement as to whether or not applicant owns or leases such premises. If a survey is required to identify and define the limits of the licensed premises, the applicant shall procure and pay for such survey.
All applicants for licenses for any class of premises shall apply for and hold such license subject to the express condition and undertaking on the applicant's part that upon expiration of any license or renewal thereof, or revocation thereof for cause, the licensee will remove all junk and debris from the premises within the following period following expiration or revocation:
Each application shall contain the agreement that the applicant accepts the license to be granted upon condition that it may be suspended or revoked by the Township Committee upon failure of the licensee to comply with the regulations set forth in this chapter; provided, that immediately upon notice of suspension, the licensee shall have a right to a full hearing before the Township Committee within three days from the notice of suspension or revocation.
The number of such licensed premises within the Township is hereby limited to a total of three, one of each class described in § 220-1, and it is understood that the Township Committee may impose further reasonable rules and regulations with regard to the business to be conducted which it may deem necessary and proper for the preservation of public health, safety and welfare of the Township and its inhabitants.
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 on the premises shall be endorsed upon the first application for a license for such premises and upon each and every renewal application.
The license shall authorize the licensee to conduct the business at the place specified in the license and shall not be transferable to another location, nor assignable or transferable in any manner.
Before any application for a licensee to conduct the business shall be accepted by the Township Clerk, there shall be presented to him at the time of the making of the application a paid tax bill by the Tax Collector of the Township, indicating that the applicant has paid all personal property taxes due from such applicant for the chattels on the licensed premises for the year preceding the year for which new license is sought.
The Mayor and Township Committee shall issue all licenses under this chapter and they shall be good and valid from the date of issue until December 31 next after granting the same. There shall be no apportionment of the license fee for any expired portion of the calendar year in which such license is issued.
Before granting an initial license pursuant to this section, the Township Committee shall conduct a hearing on the application to determine whether or not the granting of such license would unreasonably affect the public health and welfare and the applicant shall cause a notice of such hearing to be published in a newspaper, circulating in the Township at least 10 days prior to the hearing. No hearing shall be required upon renewal application, unless formal complaints have been filed against licensee alleging violation of this chapter or other unlawful conduct. Any application seeking an enlargement of the licensed premises shall be regarded as a new application as to such additional area sought to be licensed.
All persons receiving and holding any licenses pursuant to this chapter shall pay to the Township an annual fee for each license issued according to the following schedule:
Every person to whom such license may be issued shall, when engaging in business within the Township, be in possession of such license, and is hereby required to have such license on exhibition at all times.
The property upon which such licensed junkyard business shall be conducted shall be enclosed by a fence, painted green, or a hedge, which fence or hedge shall be of a minimum height of seven feet and a maximum height of nine feet, and such fence or hedge shall be kept in good repair and trimmed and in a neat and clean condition at all times. Failure to maintain the fence or hedge in such manner shall be cause for revocation of the license. The provisions of this section may be waived by the Township Committee where such Committee finds that the natural topographical features of the land, or the existing foliage, indicate that such requirements are unnecessary for the protection of neighboring properties.
Any licensee or the person in charge of any licensed premises, who shall receive or be in possession of any goods, articles or things which may have been stolen or lost, or alleged or specified to have been stolen or lost, shall forthwith, upon demand to view the same, present the same to the Township Clerk, any member of the Township Committee or any state or municipal police officer.
All goods, articles, merchandise, or motor vehicles shall be stored and kept within the enclosed fence above described, and not upon the sidewalk, street or any part thereof. Motor vehicles, used auto parts and other materials shall be stored side by side in neat orderly rows and shall be kept in normal upright positions, without any stacking, nor shall there be any bailing or noisy smashing of any of such parts.
No licensee or his agent 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, for the purpose of concealing the identity of such vehicle.
A licensee may not burn junk, wrecked or discarded automobiles, or any parts thereof, and there shall be no burning of any kind except in designated spaces in incinerator enclosures meeting the standards of the Air Pollution Code promulgated by the New Jersey Department of Health.
It shall be unlawful for any licensee to stack, pile or place any of the aforesaid secondhand materials upon the licensed premises in such a manner as to create a fire hazard, or to create a place for the harboring or breeding of rats, mice or vermin.
The Mayor or any member of the Township Committee, health officer, or any authorized officer, or agent of the Township shall have the right at any and all reasonable times, to inspect any or all parts of the licensed premises.
It shall be unlawful for persons to deposit or leave any abandoned or unlicensed automobile, truck or other automotive equipment, or any part thereof, or other junk, in open fields or upon other unfenced private property without first obtaining the permission of the chairman of the Township Committee and of the owner of such private property.