[HISTORY: Adopted by the Township Committee of the Township of Hamilton
7-3-1961 by Ord. No. 247. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A place where automobiles or other motor vehicles are kept and/or
dismantled for the purpose of selling or offering the same for sale in parts
or as junk metal or material, and, in addition, it shall include a place where
automobiles or other motor vehicles are kept and/or dismantled, as storage,
with or without intention of disposition by eventual sale as junk metal or
material.
[Amended 6-17-1968 by Ord.
No. 358]
A place where old metal of any kind, paper, glass, rags, bags or
other old material of similar nature is stored, collected, bought, sold or
dealt in.
As used in this chapter, shall include partnerships and corporations.
The masculine gender shall include the feminine and neuter genders, and the
singular number shall include the plural number.
No person shall establish, operate or maintain a motor vehicle junkyard
or business, or any other junkyard or junk business, unless he shall first
obtain a license for such yard or business from the Township Committee of
the Township of Hamilton. Every applicant for a license to engage in said
business shall file with the Township Clerk a written application signed by
the applicant or applicants, which application shall state:
A.
The name and address of the applicants, and if a firm
or corporation, the name and address of the officers and the registered agent
or partners.
B.
The length of time that the applicant or
applicants, or if the applicant is a firm or corporation, the length of time
that the manager or the person in charge, has been a resident of the Township
of Hamilton, if such is the case; his or their place of previous employment;
and if the applicant or applicants have been convicted of a crime, and if
so, when, what offense and in what court.
C.
The detailed nature of the business to be conducted.
D.
The place where the business is to be located and carried
on, by metes and bounds.
E.
A plan or survey showing the existing or proposed entrance
or entrances to the premises where said business is to be conducted, and the
names and addresses of all owners of real estate on both sides of the street
or road for a distance of 1,000 feet on each side thereof.
Gasoline from any such motor vehicle shall be removed within one hour
and securely stored.
No car or part of a car shall be kept or stacked in such manner that
rainwater collects or remains in any of the parts thereof for a longer period
than 48 hours.
It shall be unlawful to stack, pile or place parts of motor vehicles
or other junk or materials upon such premises in such manner as to create
a fire hazard or to create a place for the harboring or breeding of rats,
mice or vermin.
No automobiles, parts thereof or other junk or material shall be stacked,
placed or kept within 300 feet from the side of any street or road.
All yards or places where such businesses are or shall be conducted
shall be enclosed by a substantial fence at least eight feet high and of a
type and construction as shall be approved by the Building Inspector of the
Township of Hamilton.
It shall be unlawful to burn any automobile or other junk or materials
on said premises without application first being made to the Township Chairman,
as the Director of Public Safety, who shall approve or disapprove said application,
in writing, and if approved, shall designate the time for such burning, and
also under his direct supervision.
It shall be unlawful to hammer or pound any metals or other materials
on said premises between the hours of 7:00 p.m. and 7:00 a.m. on weekdays,
or any time on Sundays.
A.
The license fee for motor vehicle junkyards or any other
junkyards shall be the sum of $100 annually, and shall run from January 1
to December 1, inclusive, of each year, provided that licenses for the year
1961 shall be applied for within 10 days after the final passage of this chapter
and shall cover a period to December 31, 1961.
B.
Each holder of a license herein authorized shall at all
times keep the license posted, while in force, in a conspicuous place on the
premises described in the application for such license.
C.
The licensee, by accepting a license hereunder, agrees
to comply with all the terms and conditions set forth in the ordinance, and
all rules and regulations promulgated by the Township Committee.
No license issued under this chapter shall be assigned or transferred
without the approval of the Township Committee of the Township of Hamilton.
No license issued hereunder shall entitle such licensee to operate thereunder
at, in or on any other lot, building or location than that which is specified
in said license.
All licensed premises shall at all times be subject to such reasonable
rules as may be made from time to time by the Township Committee of the Township
of Hamilton and shall be subject to inspection at all times by the Chairman,
as Director of Public Safety, or any of his agents or any other duly authorized
representative of the Township of Hamilton.
There shall be no refunds to a licensee upon surrender or revocation
of a license granted hereunder.
A.
No new owner's junkyard licenses shall be issued in the
Township of Hamilton. This limitation shall not prevent renewals or person-to-person
transfers of junkyard owners' licenses issued subsequent to the effective
date of this chapter.
B.
Any junkyard license for a new license term, which is
issued to replace a license which expired on the last day of the license term
which immediately preceded the commencement of said new license term, or which
is issued to replace a license which expired on the last day of the license
term, shall be deemed to be a renewal of the expired or expiring license,
provided that said license is for the same owner as the expired or expiring
license, covers the same junkyard and is issued to the holder of the expired
or expiring license and is issued pursuant to an application therefor which
shall have been filed with the Township Clerk prior to the commencement of
said new license term or not later than 30 days after the commencement thereof.
Junkyard licenses issued otherwise than above herein provided shall be deemed
to be new licenses.
Any person, firm or corporation keeping, maintaining and operating a
motor vehicle junkyard, junk shop or junkyard on the effective date of this
chapter shall be entitled to a license as provided herein, provided that they
file their application for said license within 10 days from the effective
date of this chapter, pay the required license fee therefor and comply in
all respects with the provisions of this chapter; nothing shall prevent the
renewal annually of said licenses, provided that the provisions of this chapter
have been complied with.
No licensee hereunder shall receive in the line of his or her or its
business any article or thing by way of pledge or pawn, nor shall he, she
or it advance any sum of money on the security of any article or thing.
No licensee hereunder shall purchase any goods, articles or other things
whatsoever from any person under the age of 15 years.
Every licensee hereunder who shall receive or be in possession of any
goods, articles or things which may have been or are lost or stolen shall
forthwith, on demand to view the same, present the same to the Township Committee
or to the police authorities of the Township of Hamilton, in the County of
Atlantic.
This chapter is passed for the purpose of raising revenue and regulating
the business hereinabove referred to.
Any person who, by himself or his clerk, agent or employee, shall establish,
operate and maintain a motor vehicle junkyard or other junk business as herein
defined without a license as required by this chapter, or who shall violate
any of the provisions of this chapter, or who, having had his license revoked,
shall continue to establish, operate or maintain a motor vehicle junkyard
or other junkyard, upon conviction thereof, shall be subject to a fine not
exceeding $500 or be imprisoned in the county jail or township jail not exceeding
30 days, or both, in the discretion of the Municipal Judge before whom such
person is convicted; in default in the payment of any fine imposed hereunder,
such person may, in the discretion of the Municipal Judge, be imprisoned for
a term not exceeding 30 days. In addition to the penalties herein provided,
the license to such person violating the same shall be subject to revocation.
Provided, however, that notice of such proposed revocation shall be given
to said licensee and a hearing afforded to him before the Township Committee.
