[HISTORY: Adopted by the Township Committee of the Township of Franklin 6-15-1959.
Sections 87-3, 87-5C and 87-8A amended at time of adoption of Code; see Ch.
1, General Provisions, Art. I. Other amendments noted where applicable.]
For the purpose of this chapter, the following are established as definitions:
One who buys, sells or otherwise deals in old and secondhand metals,
paper, rags, lumber or any other old or secondhand material commonly called
"junk."
Premises in which or at which materials defined in "junk dealer"
above are stored, having enclosed areas less than one acre in dimension.
One who buys, sells or otherwise deals in old and secondhand parts
of motor vehicles, including vehicles to be dismantled and not reconditioned
for use.
Premises in which or at which old and secondhand motor vehicles to
be dismantled and parts thereof are stored and dismantled for resale as secondhand
parts or junk.
Any person who buys, sells or otherwise deals in old or secondhand
metals, paper, rags, lumber or any other old and secondhand materials commonly
called "junk" from, to and with other junk dealers as well as the public and
who operates and maintains a junkyard with an enclosed area one acre or larger
in dimension.
A junkyard having an enclosure one acre or more in dimension.
A motor vehicle junkyard having an enclosure one acre or more in
area.
A.
From and after the passage of this chapter, no person,
firm or corporation shall maintain, operate or conduct the business of junk
dealer, junkyard, motor vehicle junk dealer, motor vehicle junkyard, wholesale
junk dealer, wholesale junkyard or wholesale motor vehicle junkyard without
first being licensed to do so by the Township Committee aforesaid.
B.
No person, firm or corporation shall be licensed to carry
on the business of junk dealer, motor vehicle junk dealer or wholesale junk
dealer unless such person, firm or corporation shall first establish, to the
satisfaction of the Township Committee aforesaid, that such person, firm or
corporation has lawful use of yards and premises as prescribed by this chapter.
C.
No person, firm or corporation shall store, keep or maintain
on his or their property any abandoned unregistered motor vehicle or machinery
for the purpose of resale of any part thereof nor for the use of said person,
firm or corporation, except in the repair of other motor vehicles or other
machinery owned by such person, firm or corporation.
The number of premises licensed for the carrying on of the business
of wholesale junkyard and wholesale motor vehicle junkyard shall be limited
to one.
Any person engaged in maintaining and operating any of the aforesaid
businesses pursuant to license granted as aforesaid and in accordance with
the provisions of this chapter and the premises to be licensed thereunder
shall be subject to the following minimum rules and regulations, which are
hereinafter set forth by way of incorporation and not by way of limitation:
A.
The premises, whether covered or uncovered, in which
or at which such business shall be carried on shall not be located nearer
than 150 feet to any highway, street, road or other public thoroughfare, and
the same shall be enclosed by a fence at least eight feet in height, which
fence shall be so constructed that the business shall not be visible from
the exterior thereof, and the same shall be kept in good repair and painted
in either white or dark green.
B.
The aforesaid premises shall not be located nearer than
500 feet to any dwelling house, place of residence, church, school, auditorium,
place of public gathering or any like place.
C.
Said premises shall be enclosed at the entrances and
exits thereto and therefrom by a gate or gates which shall be securely closed
and locked when unattended so as to preclude any entrance to said enclosure
whenever said enclosure may or shall be unattended.
D.
The owner and operator of such business shall not burn
or cause to be burned any of the junk or refuse resulting from such operation,
except on one day during each week, which day may be fixed by the Township
Committee by resolution or by regulations to be set up hereunder.
E.
The owner and operator of such business shall not cause
or permit to be caused any obnoxious fumes, odors or noises to emanate from
said business or premises.
F.
Said business shall not be operated on any Sunday or
legal holiday set by law.
G.
The owner and operator of such business shall not pile
or store or cause to be piled or stored or permit to be piled or stored any
of the material therein higher than the height of the fence enclosing the
premises.
H.
Such premises shall at all times be kept and maintained
by the licensee in a safe manner, with due regard to the public health and
safety of persons and property in the vicinity where the junkyard is located.
A.
No license for the ownership and operation of any of
the businesses which are the subject of this chapter shall be issued for a
term exceeding one year.
B.
All licenses shall be renewable on July 1 of each and
every year.
D.
When a business shall be started with less than a year
remaining of the license period, there shall be a proration of the license
fee on a monthly basis.
A.
Application for a license shall be in writing, addressed
to the members of the Township Committee of the Township of Franklin, Warren
County, New Jersey, and shall be filed with the Township Clerk at least five
days prior to the next succeeding meeting of the Township, as set by the ordinances
of the Township.
B.
All applications for license shall, among other things,
state in clear language the following items:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the premises.
(3)
The location and size of the premises for which a license
is being applied for, with a diagram thereof showing the enclosed area provided
for in this chapter.
(4)
The nature of the operation to be carried on and the
type of material to be stored.
(5)
A statement of the distance from the nearest building
and the purposes of such building.
C.
Applications shall be accompanied by a certified check
in the amount of the license fee to be paid for the year.
A.
All persons now carrying on the business of junk dealer,
junkyard, motor vehicle junk dealer and motor vehicle junkyard shall comply
with all of the provisions of this chapter except those provisions hereof
which relate to location of the premises.
B.
No person now operating and carrying on any business
which is the subject of this chapter shall enlarge or expand the same without
first complying with the provisions of this chapter and obtaining a license
or permit from the Township Committee to enlarge or expand the same.
A.
Any person, firm or corporation who shall violate any
of the provisions of this chapter or any of the rules and regulations promulgated
hereunder or who shall fail to comply with the provisions of this chapter
or any of the aforesaid rules and regulations shall, severally, for each and
every violation and noncompliance, forfeit and pay a penalty not exceeding
$1,000 or be imprisoned in the County jail of Warren County for a term not
exceeding 90 days, or both.[1]
B.
The imposition of the penalties provided herein shall
not excuse such violation or noncompliance nor shall it permit the same to
continue. Said violation or noncompliance shall be remedied within reasonable
time after notice thereof. The continuance of the violation or noncompliance
shall constitute a separate offense for each ten-day period.
C.
A continuance of the violation and/or noncompliance shall
be deemed a nuisance, and the Township Committee shall have the right to apply
to the courts of this state for injunctive or other relief in addition to
the penalties prescribed herein.
