[HISTORY: Adopted by the Township Committee of the Township of Lumberton 10-21-1991 as Ord. No. 1991-14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any location, yard, covered or uncovered, or place in the township kept, maintained or used for the purpose of buying and selling, exchanging or storing rags, old metals, old bottles, old vehicles unfit for reconditioning, dismantled old motor vehicles or parts thereof, used motor vehicles or parts thereof, used motor vehicle parts, motor vehicle junk, old glassware, old plumbing fixtures, old lumber, unregistered motor vehicles unfit for reconditioning or any other material commonly called "junk."
No person shall operate or maintain or establish a junkyard or engage in the business of keeping a junkyard within the township.
Any person who shall have continuously operated or maintained a junkyard or who has continuously engaged in the business of keeping junk prior to the enactment of this chapter and who continues said activity without interruption following enactment of this chapter shall be excepted from the provisions of this chapter, provided, however, that in the event anyone so excepted shall cease to continuously operate or maintain a junkyard or engage in the business of keeping junk shall not thereafter be permitted to reestablish or again operate or maintain said junkyard or to again engage in the business of keeping a junkyard within the township.
The exception provided for herein shall apply without the necessity of obtaining a license as heretofore required so long as the operator of said junkyard has register with the Township Clerk/Administrator and identified the location of the junkyard activity; provided, however, that no business shall be conducted at any junkyard before 7:00 a.m. or after 9:00 p.m. During the time the junkyard is closed, all doors and other openings affording access thereto shall be securely locked.
All burning of junk or other waste matter that may be stored at or otherwise accumulated in connection with any junkyard is prohibited.
With regard to those junkyards expressly permitted as exceptions, proper precautions shall be taken to prevent rats, mice or other vermin or insects from being harbored or bred in said junkyard.
All junk, particularly old cars, shall be so placed and arranged that fire lanes at least 20 feet wide are always open affording ingress and egress to all areas of the junkyard for fire-fighting equipment.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.