[HISTORY: Adopted by the Borough Council of the Borough of Carteret 12-15-1970 as Sec. 7-5 of the 1970 Revised Ordinances, as amended through 3-5-1974. Sections 154-5A and 154-9A amended and § 154-11 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 160.
Licensing procedures — See Ch. 164.
Unlicensed vehicles — See Ch. 258.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Any old, discarded or unused waste material of any type that has outlived its usefulness for its original purpose, and shall include iron, metals, glass, paper, rags, clothes, machines, automobiles, motor vehicles or parts or accessories thereof, such as auto bodies and the like, and all other materials commonly or generally known as "junk" in the ordinary meaning of the word, acquired or collected for commercial purposes, including specifically parts and portions of automobiles and discarded automobiles and automobile bodies.
JUNK DEALER
Any person who deals in junk for commercial purposes or who buys or otherwise acquires, collects or stores junk for commercial purposes in the manner provided in this chapter.
JUNK SHOP
Any building in which junk is stored, placed, sold or purchased for commercial purposes within the provisions of this chapter.
JUNKYARD
Any lands or parcels thereof on which junk is collected, placed or stored for commercial purposes and any remuneration whatever. A "junkyard" shall not include premises on which junk is kept, stored or disposed of by an owner or occupant of the premises by reason of its obsolescence in the ordinary sense of the word or which originates on the premises and becomes obsolescent or is kept or stored for the use of the owner or occupant other than in the business of buying, selling or storing the same.
LICENSED PREMISES
Any land or building, or both, whereon a junkyard is maintained under the provisions of this chapter 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.
It shall be unlawful for any person to keep or maintain a junkyard or junk shop or deal in junk at any place within the borough without first having obtained a license for such purpose.
A. 
In addition to the information required by § 164-2, the application shall contain:
(1) 
The place or places of permanent residence of the applicant for each of the preceding three (3) years.
(2) 
A full description of the premises desired to be licensed, including a metes and bounds description of the lands constituting the premises, together with a description of any buildings or improvements thereon, and a sketch, diagram or map of the lands desired to be licensed.
(3) 
A description of the type and size of any building to be maintained as a junk shop.
(4) 
A statement of the equipment to be used in the operation of the business and the method of operation.
B. 
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 described in the application shall be endorsed in writing on the application or otherwise annexed thereto.
The applicant shall cause notice of his application to be published twice in successive weeks, at least once each week, in a newspaper published and circulated within the borough, the first publication being at least ten (10) days prior to the date for consideration of the application by the Council. The applicant shall also file proof of publication with the Clerk prior to the date for consideration of the application.
A. 
The Council shall hold a public hearing upon the application, which hearing shall take place not less than two (2) nor more than four (4) weeks from the date of the application. Notice of the hearing shall be given the applicant and be published once in a newspaper having general circulation in the borough not less than seven (7) days before the date thereof.
[Amended 4-19-1990 by Ord. No. 90-16]
B. 
If a date for hearing is set, the Council may investigate the applicant and the information contained in the application, as provided in § 164-3. The Council shall also obtain a written report from the Tax Collector as to whether the applicant is in default in the payment of any taxes due the borough at the time the application is filed, which report shall be filed with the Clerk at least five (5) days before the date of the hearing.
C. 
The Council may investigate and consider, as part of its determination for the issuance of a license, any unreasonable depreciation or surrounding property of adjoining owners which might ensue from the establishment or maintenance of such a business at the location designated in the application. The proximity of schools, churches and public highways, the suitability of the applicant to receive the license, which shall include his arrest or conviction for criminal acts, public convenience and necessity, and social and aesthetic desirability shall also be taken into consideration.
D. 
After considering all the evidence, the Council may deny the license to the applicant for good cause revealed by the facts or evidence, and if the license is denied, the Council shall state, in writing, the reasons for the denial.
E. 
If the application subscribes to the provisions of this chapter, the Council shall authorize the Clerk to issue a license to the applicant.
The number of licenses permitted in the borough is two (2). However, all establishments existing on September 3, 1964, are not subject to this limitation if they applied for a license within ninety (90) days thereafter.
All licenses granted and all premises licensed under this chapter shall be subject to the following regulations:
A. 
No part of any premises shall be located within fifty (50) feet of any public road or street or within fifty (50) feet of the boundary line of any adjoining property owner.
B. 
No part of any premises shall be located within fifty (50) feet of any private residence not owned by the applicant or of any church or school.
C. 
A junkyard shall be completely obstructed from view from the public road. The licensee shall have at the time of filing the application, or shall construct with sixty (60) days of the granting of the license and before storing any junk, a solid board fence or other solid material at least seven (7) feet high from the ground and built in such manner so as to obstruct visibility of the junkyard from any public street or public property from outside the enclosure. The fence or enclosure shall be painted either white or dark green and shall be maintained in good condition at all times. There shall be no advertisement allowed or any description or writing on the fence, except the owner's name and description of the character of his business, and such description or writing shall not exceed an area of six (6) square feet. The premises shall be enclosed at its entrances and exits by a gate or gates which shall be securely closed and locked when unattended so as to preclude any entrance to the enclosure while unattended. The remaining premises around the junkyard shall be obstructed from the view of adjoining owners so far as possible by a fence or shrubbery either seven (7) feet high or of such height as may obstruct the view from surrounding property as best as may be done.
D. 
No junk, rubbish or salvage material of any type shall be maintained outside the enclosure surrounding the premises of any junkyard or outside of any licensed junk shop.
E. 
No license shall entitle any licensee to operate 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 or transferable to any other person.
F. 
Open burning shall be prohibited.
G. 
No material of any explosive nature shall be maintained or demolished on any premises.
H. 
No materials shall be kept or maintained on the premises which are of such odorous nature as to be offensive to adjoining property owners or other inhabitants in the area of the premises.
I. 
The licensee shall take all reasonable measures to keep rats or other vermin from the premises.
J. 
The licensee shall maintain sufficient fire extinguishers on the premises at all times and shall establish fire protection measures according to standards recommended by the National Board of Fire Underwriters for such premises. The licensee shall report all fires to the Chief of the Fire Department, furnishing the date and extent of any fire and its cause, if known.
K. 
No licensee shall purchase any goods, articles or other materials from any person under the age of seventeen (17) years.
L. 
No licensee shall pile, stack or place junk above the level of the fence height enclosing the junkyard or in any manner so as to create a fire hazard or a place for the harboring of rats, mice or vermin.
M. 
The business of the licensee shall be operated so as not to cause unreasonably loud noises that are either so consistent or so audible as to be a nuisance to other property owners or inhabitants in the neighborhood.
N. 
No licensee 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 identification number or mark has been removed, defaced, altered, covered or destroyed with the apparent purpose of concealing the identity of such vehicle.
O. 
All junk dealers shall keep books in which are maintained records of all purchases by them. Such books shall be open to inspection by any law enforcement agency for the purpose of tracing stolen goods.
P. 
No licensee shall conduct any processing operations, purchases or sales of materials on the premises after 8:00 p.m. and before 8:00 a.m. of the following day on weekdays, or at any time on legal holidays designated as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
A. 
Fees required by this chapter shall be as follows:
[Amended 8-16-1984 by Ord. No. 84-26]
(1) 
Junkyards and junk shops: two hundred fifty dollars ($250.) per annum.
(2) 
Junk dealers (scavengers): five hundred dollars ($500.) per annum.
B. 
Payment of the fee shall accompany the application for license or for any intention to renew thereafter. In the event that an application is disapproved or a renewal license is denied, the fee shall be returned, reduced by ten percent (10%) to cover the cost by the borough for investigating the same. In the event that a license is revoked or terminated voluntarily by the licensee, there shall be no refund of any portion of the fee.
A. 
A license may be renewed each year by furnishing written notice of intention to renew to the Clerk and upon payment of the same fee as for a new license. No hearing shall be required for the renewal of any license unless written objections to the renewal are filed with the Clerk by any inhabitant or taxpayer of the borough. In the event that a written objection is filed, the Council shall set a date for hearing and proceed to hear the objection and all evidence for and against the renewal of such license not later than fifteen (15) days from the beginning of the renewal period. At the conclusion of the hearing, the Council may then determine whether to renew the license or deny it if the evidence presented indicates sufficient cause by virtue of prior violations of this chapter by the licensee.
[Amended 4-19-1990 by Ord. No. 90-16]
B. 
The Council may authorize a temporary permit for the licensee until the hearing has been completed and a determination made so that his business may not be suspended or interfered with unreasonably by the filing of any written objections.
The licensed premises shall be open to inspection at any reasonable time of day or night upon the proper authorization for such inspection by the Health Officer of the Board of Health.
[Added 4-19-1990 by Ord. No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.