City of Pleasantville, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pleasantville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dealers in secondhand building materials — See Ch. 105, Art. I.
Peddling and soliciting — See Ch. 195.
Secondhand dealers — See Ch. 231.
Garage and yard sales — See Ch. 223.
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. I of Ch. 128 of the 1982 Code]

§ 151-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
JUNK DEALER
Any person who:
A. 
Keeps, conducts or maintains any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, or for the buying or selling or the dealing in by weight, piece or quantity, or otherwise, at retail or wholesale, any old, used or secondhand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, glass, rubber, iron, brass, copper or other metal, furniture, newspapers, magazines, cardboard, rags of cotton, wool or mixed carpets, bagging, hair, feathers, mattresses, automobile tubes, used motor vehicles or the parts thereof and other articles whose worn condition renders them practically useless for the purpose for which they were made and which are commonly classed as "junk."
B. 
Buys or sells, at retail or wholesale, or deals in, by weight, piece or quantity, or otherwise, any of the materials itemized in Subsection A of this definition, from any peddler, gatherer or scavenger of said material or any person not engaged in the junk business.

§ 151-2 License required.

No person shall carry on the business of a junk dealer without first having obtained a license as provided in this article.

§ 151-3 License application; content.

Every applicant for a license to engage in the business of junk dealer shall file with the City Clerk a written application signed by the applicant or applicants. Said application shall state:
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, firm or partnership, or the manager or person in charge, if the applicant is a firm or corporation, has or have resided in the city, his or their places of previous employment, whether married or single, whether he or they or any of them have been convicted of a crime and, if so, what offense, when and in what court.
C. 
Whether the applicant or applicants or officers or manager of the applicant had been employed by a junk dealer or had been a junk dealer.
D. 
The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled.
E. 
The premises where such business is to be located or carried on.

§ 151-4 Signing and swearing of licenses.

Every application for a license to engage in the business of junk dealer shall be signed and sworn to.

§ 151-5 City Clerk's application report; condition of premises.

A. 
The City Clerk shall report such application to the Chief of Police, Fire Chief and Building Subcode Official, who shall inspect or cause to be inspected such premises to determine whether it complies with all laws, ordinances, rules and regulations.
B. 
The premises and all structures thereon shall be so situated and constructed that the business of junk dealer may be carried on in a sanitary manner, shall contain no fire hazards and shall be arranged so that thorough inspection may be made at any time by the proper health, fire, building and police authorities.

§ 151-6 License issuance, numbering and content.

A. 
Upon the filing of the application and after investigation, the Council shall, upon approval of such application and the payment to the City Clerk of the license fee provided by § 151-9, issue to the applicant a license to engage in business as a junk dealer.
B. 
All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee.

§ 151-7 Posting of licenses; display of signs.

A. 
Every holder of a junk dealer's license shall at all times keep said license posted, while in force, in a conspicuous place on the premises described in the application for such license.
B. 
It shall be unlawful for any person to post a license upon premises other than those mentioned in the application or knowingly to deface or destroy any such license.
C. 
Each vehicle, wagon and cart kept or used by a junk dealer in the exercise of his license shall be marked on both sides with his name, address of the applicant's place of business, the words "junk dealer" and "Pleasantville, New Jersey," and the number corresponding to the number of his license in plain letters and figures at least three inches high and of such color as to be plainly read at a distance of 60 feet.
D. 
Every licensed junk dealer shall have and keep a sign on the outside and in front of each of his places of business, on which shall be clearly set forth in conspicuous letters his name, the words "junk dealer" and the number of his license.

§ 151-8 Business place to be designated on license; transferability.

Every junk dealer's license shall designate the place of business in or from which the junk dealer receiving such license shall be authorized to carry on such business. No licensee shall remove his place of business from the place designated in the license until a written permit has been secured from the Council and the same shall have been endorsed upon the license. All signs and vehicle markings required by § 151-7 shall be altered to contain the new address.

§ 151-9 License fee and duration.

Every person engaged in the business of a junk dealer shall pay an annual license fee of $100, due and payable on June 1 of each year. Every license shall expire at 12:00 midnight on May 31 following its issuance.

§ 151-10 License revocation and suspension.

A. 
In addition to the penalty provided in § 151-20, any license issued under this article may be suspended or revoked by the Council, after notice and hearing, if it appears after such hearing that the licensee has violated any of the provisions of this article.
B. 
The following procedure shall be observed:
(1) 
Complaint shall be made in writing by any municipal official or by any resident of the city.
(2) 
A notice shall be issued to the licensee to appear before the Council at a time specified therein, not less than three days after the date of service thereof, and to show cause why his license should not be revoked or suspended.

§ 151-11 Consequences of license revocation.

A. 
Whenever any license shall be revoked or suspended pursuant to the provisions of § 151-10, no refund of any unearned portion of the fee therefor shall be made.
B. 
For a period of five years from any revocation the Council may, in its discretion when it deems the revoked licensee unfit to hold a license, withhold a license from such person.

§ 151-12 Promulgation of rules and regulations by Atlantic County Board of Health.

The Atlantic County Board of Health may formulate reasonable rules and regulations relating to the conduct of business of junk dealers for the purpose of protecting the health of the community. No junk dealer shall violate any such rule or regulation.

§ 151-13 General rules and regulations.

A. 
No junk dealer shall carry on the business at or from any other place than the one designated in the license therefor or carry on said business after such license has been revoked or has expired.
B. 
No junk dealer shall make any purchase from any person or receive any articles except between the hours of 8:00 a.m. and 6:00 p.m. No purchase or receipt of any goods shall take place on Sundays and holidays.
C. 
No junk dealer shall purchase or acquire from any person under the age of 21 years any junk, other than old rags or paper, unless accompanied by a parent or guardian of such person. No item shall be acquired from any intoxicated person.
D. 
The contents of the premises of every junk dealer shall be arranged in an orderly manner with all similar things located together so as to facilitate inspection by the proper authorities. The premises of every junk dealer shall be subject to inspection by the proper municipal authorities at any time.
E. 
All articles received, except old paper and rags, shall be retained for at least 48 hours before disposal or before such articles are broken or otherwise changed from the condition in which they were at the time of purchase or their identity otherwise destroyed. Payment shall not be made for any junk purchased, except paper and rags, until at least 24 hours after the time when said articles have been received by the junk dealer, and then payment shall only be made between the hours of 9:00 a.m. and 12:00 noon so as to permit police investigation. Where, however, the person from whom junk is purchased is personally known to the junk dealer and said person's residence or place of business is likewise known, then the restriction as to the time of payment shall not apply. If said person from whom junk is purchased cannot be found at the residence or place of business shown on the record of the junk dealer, this fact shall be considered prima facie proof that said person was not personally known to the junk dealer.
F. 
No junk dealer shall purchase or otherwise acquire bottles or glass from bottles owned or used by any individual, firm or corporation engaged in the dairy business in Pleasantville, except from the legal owner of such bottles. Every junk dealer shall report to the Chief of Police of the city within two hours the fact that such bottles or glass were presented or offered to such junk dealer for sale or other disposition.

§ 151-14 Record maintenance by junk dealer.

A. 
Each junk dealer shall keep a daily record, written in ink or in indelible pencil, in the English language, of articles purchased, including an accurate description thereof; the name and residence of the person from whom each article was purchased; the name of the employer of such person, if any; the day and hour of such purchase; and the price paid therefor. The records shall at all reasonable times be open to the inspection of any police officer, or any person duly authorized in writing for such purpose by the Chief of Police who shall exhibit such authorization to the junk dealer, his agent or employee. No entry in such records shall be changed, erased, obliterated or defaced.
B. 
In the case of motor vehicles or parts thereof, there shall be kept, in addition, a record of the personal description of the person from whom purchased and a complete description of the purchase. When parts of motor vehicles are purchased as a complete unit and are capable of reuse in the same form, this description shall include the trade name and the motor body, axle, coil, starter, carburetor, magneto, steering gear, radiator and manufacturers' numbers and any other serial number, the style of body, model, color and license number. When parts of motor vehicles are bought in bulk as metal junk, said description may be general in its character.
C. 
In purchasing junk from any person or persons delivering said junk by any vehicle, wagon or cart, the dealer shall, in addition to writing down the information above mentioned, make a record of the motor vehicle's registration number or municipal license number of the vehicle, wagon or cart.

§ 151-15 Deadline for delivery of reports to Chief of Police; keeping of records by Chief.

A. 
It shall be the duty of every junk dealer to deliver or cause to be delivered to the Chief of Police or his representative, every day except Sunday, before the hour of 11:00 a.m., a legible and correct transcript from the records provided by § 151-14, showing the information prescribed therein. Such information shall be supplied as the Chief of Police may require.
B. 
All reports required by this article shall be signed at the bottom by the licensee or his duly authorized representative.
C. 
The Chief of Police shall cause a record to be kept of all such reports, showing the date and time each report is received, the licensee making the report, his license number and his address.

§ 151-16 Additional reports.

Every junk dealer, upon being served with a written notice to do so by a member of the Police Department, shall, in addition to the reports provided for by § 151-15 of this article, report to the Chief of Police an accurate description of all goods, articles or things purchased or received by him in the course of business of a junk dealer at such time and during such period of time specified in the notice, stating the amount paid therefor and the name, residence and general description of the person from whom such goods, articles or things were received.

§ 151-17 Regulations concerning motor vehicles.

No licensee, either acting for himself or by or through his agent or employee, shall wreck, tear down, paint or otherwise destroy the identity of or dispose of or allow to be taken out of his or its possession any secondhand motor vehicle, part or accessory capable of reuse as such in its same form, purchased or otherwise secured by or left for sale with him or it, until five days after the report provided in § 151-15 has been made to the Chief of Police. The Chief of Police may, after proper report is made to him, grant a special permit to a licensee permitting a secondhand motor vehicle, part or accessory, in such special permit properly described, to be sold or disposed of and delivered to another when the Chief of Police has investigated and determined that there is no question as to the ownership of such secondhand motor vehicle, part or accessory.

§ 151-18 Unidentified motor vehicles or parts.

A. 
No person shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle, part or accessory from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of such vehicle, part or accessory.
B. 
Every person to whom is offered for sale, storage or wreckage any motor vehicle, part or accessory from or on which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered or destroyed shall within two hours notify the Chief of Police of such offer.

§ 151-19 Lost or stolen property.

If any goods, articles or things whatsoever shall be advertised in any newspaper printed in the city as having been lost or stolen and the same or any answering the description advertised or any part or portion thereof shall be in or come into the possession of any junk dealer or peddler, he shall give information thereof, in writing, to the Chief of Police and state from whom the same was received. Any junk dealer or peddler who shall have or receive any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer or any person duly authorized, in writing, by the Chief of Police, who shall exhibit such authorization to such dealer or peddler.

§ 151-20 Violations and penalties. [1]

Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. II of Ch. 151 of the 1982 Code]

§ 151-21 Definitions.

As used in this article, the following terms shall have the meanings indicated:
JUNK COLLECTOR
Any person who engages in the business of buying, selling or collecting old rope, old iron, old brass, old copper, old lead or other old metal, old or used glass or glassware, used or secondhand building materials, rags, glass or paper and any other debris, material or refuse of similar character and who does not have a fixed place of business within the city for the purposes thereof.

§ 151-22 License required.

No person shall have, conduct or engage in the business of junk collector without first obtaining a license therefor from the City Clerk.

§ 151-23 License fee and duration.

Every person engaged in the business of a junk collector shall pay an annual license fee of $25, due and payable on June 1 of each year. Each license shall expire at 12:00 midnight on May 31 following its issuance.

§ 151-24 License application and issuance.

Applications for licenses shall be made to the City Clerk. He shall not issue the said license unless payment of the license fee is first made.

§ 151-25 Violations and penalties. [1]

Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).