[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1965-7 (§ 6-4
of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
No person shall keep and maintain a yard, space or place, covered
or uncovered, in the Township for the purpose of buying, taking in
trade, selling, exchanging or storing rags, metals, bottles, glassware,
tinware, iceboxes, refrigerators, paper, lumber, building supplies,
furniture, plumbing fixtures, unlicensed automobiles, dismantled automobiles
or parts thereof, motor vehicle junk or any other old material commonly
called "junk" or "salvage," without being licensed to do so by the
Township Committee; provided, this shall not prohibit the storage
of old material to be used by person for manufacturing purposes.
In addition to the requirements of § 215-2 of Chapter 215, Licensing, of the Code of the Township of Ocean, applicants shall furnish:
A.
The street address, lot and block numbers of the Township Tax Map
of premises desired to be licensed;
B.
If the applicant is not the owner of the site where the business
is to be licensed and conducted, the owner's consent to conduct
the business on his land shall accompany the application;
C.
An accurate sketch or drawing of the property desired to be licensed,
showing the names and locations of all public highways adjoining the
premises, the dimensions in feet of the premises, lot and block numbers
on Tax Map of the premises, and names and addresses of all real property
owners within 200 feet of premises sought to be licensed.
A.
The application shall be accompanied by cash or certified check made
payable to the Township for full year's license fee, which shall
be:
B.
In making an application for license or renewal, the applicant shall
give written notice to all property owners within 200 feet of the
proposed licensed premises of his/her intention to apply. The notice
shall be served either personally or by registered mail, return receipt
requested, at least 10 days before the application is filed with the
Township Clerk. Written proof of such service, in affidavit form,
shall accompany application for license.
C.
If application is denied, the fee shall be returned.
Transfers of license from one location to another shall be permitted
when:
No transfer of a license from one person to another shall be
made except upon written application signed by the person desiring
to secure the transfer and bearing the written consent of the licensee.
The application shall be accompanied by a transfer fee of $25. The
proposed transferee shall qualify as an original licensee.
For the purposes of this section, each separate and distinct
location shall be licensed, "separate" and "distinct" meaning any
open-air plot of ground, yard or parcel of land consisting of part
of one, or one or more lots, as set forth on the Tax Map of the Township
adjacent and contiguous to each other and, if described by metes and
bounds, having one continuous and uninterrupted boundary line.
All licensed premises shall be subject to official inspection
at any time by the Township Committee, as well as its agents and employees
acting in an official capacity, and by any police officer or health
inspector, member of the local board of health, local fire commissioners,
and representatives of local fire department or local fire company
desiring to make an official inspection. Where applicable, constitutional
requirements relative to search warrants shall be complied with.
Every licensee shall keep written record in bound form at the licensed premises containing a legible daily record of the description of all articles purchased, the name and address of the person from whom each was purchased and the price paid. The record shall be open to inspection at any reasonable time by any of the persons named in § 197-7.
[Amended by Ord. No. 2002-28]
Each licensee shall:
A.
Maintain the licensed premises in a safe manner and, in particular,
keep the premises free of rats, weeds, brush, dry leaves, unbound
or loose paper and stagnant water in such quantity as to be hazardous
to the health or well-being of the general public or comfort of adjacent
or nearby property owners or residents;
B.
Maintain the licensed premises in a sightly manner with due regard
to the public safety of persons and property in the vicinity in which
the junkyard is located. Junk shall not be so piled or placed as to
endanger any person upon the licensed premises, on adjacent property
or on any public highway. The junk and debris on the licensed premises
shall be so secured that it may not escape the premises or be permitted
to be promiscuously blown about on licensed or other premises;
C.
Not set or permit any outdoor fire on the licensed premises when
weather, wind or atmospheric conditions make same fire hazard or danger
to human life or property;
D.
Not set or permit any outdoor fire on licensed premises in such manner
as to emit smoke, gas or odors upon the property of another or the
public highway, so as to endanger the health or comfort of adjacent
or nearby property owners in the use and enjoyment of their property
or endanger the safe and comfortable use of the public highway, or
at any time in any way so as to violate the air pollution control
code of the state of New Jersey;
E.
Stack, pile or arrange the merchandise and personal property on the
licensed premises in such manner that a fire truck, police car or
first aid ambulance may have at least one open and unobstructed driveway
to and across each licensed premises with appropriate open space for
turnaround or other means of entrance and exit in all cases;
F.
If a corporation, it shall be corporation of New Jersey or duly authorized
to do business in New Jersey; have a principal office in New Jersey
and a registered agent in charge thereof upon whom process of service
can be made;
G.
Where the contents of any junkyard are visible from a public highway,
fence in the yard with a solid fence or screening at least six feet
high between the highway, the junkyard and all adjacent lands;
H.
Not conduct or transact business between the hours of 9:00 p.m. and
8:00 a.m.;
I.
Not purchase anything from a person under the age of 18 years, unless
accompanied by his/her parent, guardian or person standing in the
stead of parent or guardian;
J.
Not make or permit excessive noise on licensed premises so as to
unreasonably disturb adjacent or nearby residents in the quiet enjoyment
of their properties and to be detrimental to the health and well-being
of the residents in the immediate vicinity of licensed premises;
K.
Make certain that each entrance and exit to the licensed premises
is well marked as such by an appropriate sign, and permit automobiles
to enter and leave licensed premises only at established entrances
and exits, respectively. If new or other entrance or exit may be desired
at a future time, written application must be made to Township Committee
and no new entrance to or exit from licensed premises shall be permitted
by licensee until approved by the Committee. The purpose of the provisions
of this subsection is to prevent cars from promiscuously entering
and leaving the licensed premises thus preventing interference with
traffic upon the adjacent public highway and lessening the likelihood
of accidents and injuries;
L.
Precaution shall be taken by each licensee hereunder to safeguard
all flammable, combustible or explosive materials on the licensed
premises from fire. No licensee shall stack, pile, place or permit
personal property upon the licensed premises in such manner as to
create fire hazard;
M.
No junk shall be stored or kept within 100 feet of any public road
nor within 25 feet of the side or rear lines of licensed premises.
No license shall be granted for or transferred to any land, site or premises where such business is forbidden by Chapter 410, Zoning, of the Code of the Township of Ocean.
No license shall be issued to or outstanding in the name of
any person convicted of a crime involving moral turpitude, breaking
and entering, robbery or receiving stolen goods.
Motor vehicle junkyards shall comply with the provisions of
N.J.S.A. 39:11-1 et seq.
