[HISTORY: Adopted by the Township Committee of the Township of Harmony 5-8-1961. Sections 107-10 and 107-21A amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
From and after the passage of this chapter, it shall be unlawful for any person, firm or corporation to maintain, operate or conduct a junk shop or junkyard in or upon which junk, as hereinafter described, shall be purchased, sold, stored, repaired, renovated or restored within the Township of Harmony without first having obtained a license for such purpose as hereinafter provided.
For the purpose of this chapter, the following definitions are hereby established:
- Includes rags, scrap iron, shavings, borings, old rope, old iron, brass, copper, tin, lead and other old materials; unregistered automobiles which are unfit for reconditioning for sale for highway transportation; used parts of motor vehicles; old bottles; glass; lumber; paper; discarded machinery or parts thereof; and any other secondhand articles or used materials and merchandise and such other articles or things as commonly come within the classification of "junk."
Any person, firm, association, partnership or corporation desiring to obtain a license as herein required shall file with the Township Clerk a written application signed by the applicant or applicants, which application shall state:
The name and residence of the applicant and, if a firm, association or corporation, the name and address of the officers and the registered agent or partners.
The detailed nature of the business to be conducted and the classes of material which it is proposed to store therein, the premises at which it is proposed to establish the business, including a full description of such premises, and whether the applicant owns the premises or leases them.
Each application shall contain the agreement that the applicant accepts the license to be granted upon the condition that it may be suspended or revoked for cause at any time by the Township Committee of the Township of Harmony. Any license issued pursuant to this chapter may be revoked or suspended for cause by the Township Committee of the Township of Harmony.
The Township Committee of the Township of Harmony may restrict the number of such licensed premises within the Township and the location thereof and may impose such reasonable regulations and rules with regard to said business as to be conducted not contrary to law as the Township Committee of the Township of Harmony may deem necessary and proper for the preservation of the public health, safety and welfare of the Township and its inhabitants and as may be necessary to carry into effect the powers and duties conferred and imposed upon the Township by law.
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 said business shall be endorsed on said application.
The license shall authorize the licensee or licensees to conduct said business at the place specified in the license and shall not be transferable to another location nor assignable or transferable in any manner.
Before any application for a new license or renewal of an existing license to conduct said business shall be accepted by the Township Clerk, there shall be presented to him at the time of the making of said application a paid tax bill by the Tax Collector of the Township of Harmony indicating that said applicant has paid all personal property taxes due from such applicant for the chattels on the licensed premises for the year preceding the year for which the license is sought.
[Amended 5-4-2004 by Ord. No. 04-6]
The Township Committee of the Township of Harmony shall issue all licenses under this chapter, and they shall be good and valid from April 1 of each year.
[Amended 11-5-1974; 8-7-1990 by Ord. No. O:90-15]
All persons, firms or corporations receiving such license or licenses shall pay to the Township of Harmony an annual fee of $350 for each license issued.
Every person, firm, partnership or corporation to whom such license may be issued shall, when engaging in business within the Township of Harmony, be in possession of such license and is hereby required to have such license on exhibition at all times.
The property upon which said business shall be conducted shall be enclosed by a hedge or fence not less than six feet high nor more than eight feet high. Said hedge shall be kept in a trimmed and neat condition at all times. Where said property is either entirely or partly bounded by a natural barrier such as a high bank, the Township Committee may waive the erection of a hedge as to that part of the property bounded by said natural barrier. This section shall not preclude the erection of a different type of enclosure, such as a brick wall, wooden fence or cyclone fence, but this cannot be done without the consent of the Township Committee of the Township of Harmony.
Any licensee or the person in charge of any licensed premises who shall receive or be in possession of any goods, articles or things which may have been stolen or lost or alleged or specified to have been stolen or lost shall forthwith, upon demand to view the same, present the same to the Chief of Police or any other officer or representative of the Township.
All goods, articles, merchandise or motor vehicles must be stored and kept within the enclosed fence above described and not upon the sidewalk, street, highway or any part thereof.
No licensee or his agent 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 number or identification mark has been removed, defaced, altered, covered or destroyed for the purpose of concealing the identity of such vehicle.
A licensee may burn junk upon the licensed premises, provided that he uses a high degree of care and does not create a nuisance in the neighborhood of the junkyard.
It shall be unlawful for any licensee to stack, pile or place any of the aforesaid secondhand materials upon the licensed premises in such a manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.
Any member of the Township Committee of the Township of Harmony, Board of Health, the Health Officer, the Chief of Police or any authorized agent of the Township shall have the right at any and at all reasonable times to inspect any or all parts of the licensed premises.
It shall be unlawful for persons to deposit or leave any abandoned or unlicensed automobile, truck or other automotive equipment or any part thereof or other junk in open fields or upon other unfenced private property without first obtaining the permission of the Commissioner of Public Safety and of the owner of such private property.
Not more than three junkyards shall be licensed to do business in the Township of Harmony.
It shall be unlawful for any person or persons, firm or corporation to deposit, keep, maintain or leave more than two abandoned or unlicensed motor vehicles or other automotive equipment on the property of such person or persons, firm or corporation at any time; provided, however, that the provisions of this section shall not apply to unlicensed motor vehicles or other automotive equipment used in connection with the operation of any other machinery belonging to such person or persons, firm or corporation.
 Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following:
A fine of not less than $25 nor more than $1,000.
A term of imprisonment not to exceed 90 days.
A term of community service not to exceed 90 days.
The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue.
Such violation shall be remedied within a reasonable time, and each 10 days that such violation is permitted to exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.