[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 3-11-1958 (Ch. 117 of the 1991 Code). Amendments noted where applicable.]
As used in this chapter and for the purposes
of the application and enforcement hereof, unless another meaning
is clearly apparent from the language or context hereof, the following
definitions and any reasonable interpretation thereof not inconsistent
with the manifest intention of the Borough Council or the intent or
purpose of this chapter or laws, rules, regulations or statutes of
the State of New Jersey concerning, defining or governing the same
are hereby established and determined as follows:
Indicates, includes, means, identifies, refers to and applies
to any material, worn out and discarded, which may be converted to
any use; used glass, bags, rags, paper, plastics, lumber, rope, cordage,
metal or any other material which may be reconditioned, treated or
prepared to be used for any purpose in the same or other form than
that in which received.
Indicates, means, includes, identifies, refers to and applies
to any person who is engaged in the business or occupation of dealing
or trading in junk.
Indicates, applies to, refers to, means, identifies and includes
a location, place or lands and premises where, at which or from which
any vehicles, automobiles, trucks or any and all other types of motor
vehicles are received, stored, kept, dismantled, purchased, reconditioned,
sold, exchanged, delivered, burned, assembled, collected or used,
in parts or as a complete unit, and/or for the purpose of selling
or offering the same for sale, in parts or as a complete unit or vehicle,
as junk metal, material or otherwise as a complete unit. For the purposes
of this definition, the maintenance of more than two unregistered
or unlicensed motor vehicles outside of an enclosed building or garage,
other than by a licensed automobile dealer maintaining operable automobiles
in the course of his business and any operable motor vehicle used
as business machinery, shall be deemed to be the maintenance of a
motor vehicle junkyard.
[Amended 9-13-1988 by Ord. No. 88-7]
Indicates, applies to, refers to, means, identifies and includes
a location, place or lands and premises where, at which or from which
old or used metal of any and all types, paper, glass, rags, bags,
plastics, lumber, rope, cordage, waste or discarded material, junk
or any other material which may be reconditioned, treated or prepared
to be used for any purpose in the same or other form than that in
which received is purchased, sold, exchanged, stored, delivered, collected,
dismantled, reconditioned, and/or for the purpose of selling or offering
the same for sale, in parts or as a complete unit, as junk metal,
material or otherwise as a complete unit.
Includes, means, indicates, identifies, refers to and applies
to individuals, partnerships, firms, associations and corporations.
The masculine gender shall include the feminine and neuter genders,
and the singular number shall include the plural number.
A.
No person shall conduct, maintain, operate or establish
a motor vehicle junkyard, other junkyard or junk business or engage
in such business or occupation within the limits of the Borough of
Newfield unless he shall first obtain a new license for each junkyard,
for such business or occupation from the Borough Council of the Borough
of Newfield in compliance with the provisions of this chapter as hereinafter
recited.
B.
It shall be unlawful for any person, corporation,
partnership or entity of any nature to store, keep or place any unregistered
or unlicensed automobiles or any automobiles outside of an enclosed
building or garage (see definition of "motor vehicle junkyard") which
are unfit for reconditioning for sale for highway transportation upon
any property within the Borough without first obtaining a motor vehicle
junkyard license.
[Added 9-13-1988 by Ord. No. 88-7; amended 12-11-2014 by Ord. No. 2014-6]
A license duly issued in accordance with the
provisions of this chapter shall be known as and classified as a "junk
dealer's license."
The person to whom such license is duly issued
shall be entitled to conduct his said business or occupation from
and at one junkyard within the limits of the Borough of Newfield.
For each junkyard or junk business, an application shall be presented
and a new license issued in accordance with the provisions hereof.
A.
For each license issued, the following fee is hereby
established: the sum of $100 for a junk dealer's license.
B.
The license so issued hereunder shall expire on December
31 of each year and be renewable, in compliance with and in accordance
with the provisions of this chapter, for additional periods of one
year. The aforesaid fee shall be prorated and apportioned should said
license be issued after the 15th day of January. The fee as herein
established and recited is considered and deemed necessary for and
in consideration of inspection, supervision, public health, general
public welfare, fire, health and police protection and other governmental
functions, as well as for providing revenue.
Every applicant for a license hereunder shall
file with the Borough Clerk a written application, in triplicate,
signed by the applicant, which application shall state the following:
A.
The name and address of the applicant, and if a firm
or corporation, the names and addresses of the officers and the registered
agent or partners.
B.
The length of time that the applicant has resided
within the said Borough, previous residence, present employment, previous
employment.
C.
Whether or not applicant has been convicted of any
crime; if so convicted, detail the date of conviction, nature of offense
and in which court so convicted.
D.
A detailed nature of the business to be conducted.
E.
The location at which or from which said business
will be conducted.
F.
A plan or survey of the entire business premises which
shall indicate the existing and proposed entrances and exits thereof.
G.
The names and addresses of all owners of adjoining
lands for a distance of 1,000 feet from the proposed site, indicating
any and all buildings within said distance and indicating any and
all roads, public and private, which provide an entrance or exit to
the premises upon which said junkyard business is to be conducted.
A.
The Borough Clerk shall advise and notify the Borough
Council, not later than the next regular meeting, of all applications
which have been duly submitted and presented prior to said meeting.
Should a Zoning Ordinance[1] exist or should a Zoning or Planning Board exist, the
Borough Clerk shall dispatch a copy of said application to the Secretary
of the Planning Board, accompanied by a request that the said Board
investigate the proposed location of said business and submit to the
Borough Council its recommendation of approval or disapproval concerning
the same and the reasons therefor. The Borough Council shall perform
or order to be performed an independent investigation concerning the
applicant, the proposed location and business site.
B.
Said Planning Board shall be directed and guided by
the Zoning Ordinance[2] during its investigation, and approval shall not be granted
to the applicant should the proposed business not comply with said
ordinance, and no license shall issue should there exist a violation
of said ordinance.
[2]
Editor's Note: See Ch. 169, Zoning.
C.
Should there exist no violation of said Zoning Ordinance
hereafter adopted, by the operation and conduct of the proposed business
at the lands and premises designated, and should the Borough Council,
after investigation, conclude that no other ordinance of the Borough
of Newfield will be violated by the operation and conduct of the proposed
business so located, the Borough Council, by motion or resolution
entered on its books, shall approve the issuance of a license to the
applicant for the location and site so designated. Thereafter, the
Borough Clerk shall issue said license to said applicant, and said
license shall contain therein the name and residence address of the
licensee and a concise, accurate description of the lands and premises
from which said licensee shall conduct his business.
The Borough Council, in its investigation under
this chapter, shall consider the following matters, and a written
report thereof shall be attached to the application:
A.
Whether the applicant has ever been convicted of or
entered a plea of guilty, non vult or nolo contendere to any complaint,
charge or indictment amounting to a high misdemeanor under the laws
of the State of New Jersey.
B.
Whether the proposed business cannot be operated and
conducted at the proposed location in full compliance with the provisions
of this chapter.
C.
Whether the operation and conduct of the proposed
business at the location so proposed would be materially injurious
to the public health, morals, comfort, conveniences, prosperity or
otherwise detrimental to the general welfare of the residents and
inhabitants of the Borough of Newfield.
D.
Whether the operation and conduct of the proposed
business at the location so proposed would produce or be likely to
produce a condition materially offensive to the senses of sight, hearing
and smell and thus affect the public health and welfare.
E.
Whether or not the applicant has other similar business
interests which are or may be related to the proposed business and
which would produce a condition detrimental to the public health,
safety and general welfare of the residents and inhabitants of the
Borough of Newfield.
Should the Borough Council find, after its investigation, that any proposition as recited in § 151-8 is answered in the affirmative, said Council shall not grant a license to the said applicant.
On motion or resolution of the Borough Council, a license shall be renewable on January 1 of each year upon application therefor and payment of the stipulated fee. No investigation is necessary upon an application for renewal; however, the Borough Council shall have the right and power to initiate its own investigation on applications for renewal, and the application for renewal shall be denied if the Borough Council concludes and finds that conditions have now changed since a prior investigation therefor so that any of the propositions in § 151-8 are now answered in the affirmative.
No license issued hereunder shall be assigned
or transferred without the approval of the Borough Council and except
upon payment of a fee of $20 therefor. The proposed transferor shall
file his application, in duplicate, with the Borough Clerk, who shall
notify the Secretary of the Zoning and Planning Boards and the Borough
Council not later than at their next regular meeting. Every application
for transfer of license shall state therein:
Should it be determined that the proposed transferee will operate and conduct his proposed business at the lands and premises being used by the transferor in such business, only the investigation as set forth and recited in § 151-8A and E hereof shall be conducted. Should it be determined that the proposed transferee will use lands and premises other than those used by the transferor in the operation and conduct of said business, a complete and full investigation shall be made as in granting a new and original license. The violation of any Zoning Ordinance[1] or the violation of any subsection of § 151-8 shall be a compelling reason or basis for the refusal or denial of any proposed transfer.
Upon the refusal of the Borough Council to approve
and grant a license or transfer of license, all fees paid for the
same shall be returned to the applicant.
Any person who is granted a license hereunder
shall not operate and conduct his business in any manner contrary
to the following conditions and regulations pursuant thereof:
A.
Upon the receipt of any vehicle by the license, all
gasoline shall be removed from said vehicle within one hour thereafter
and securely and safely stored.
B.
No vehicle or part of any vehicle shall be kept or
stacked in such manner that rainwater collects and remains in any
of the parts thereof for a longer period than 48 hours.
C.
No junk or materials shall be stacked, piled or placed
in such a manner upon said premises as to create a fire hazard or
to create a place for the breeding or harboring of rats, mice or vermin.
D.
No automobiles, parts thereof, junk or other material
shall be stacked, dismantled, stored, kept or placed within 150 feet
from the inside line of the right-of-way of any public highway and
within 25 feet from the side, front and rear lines of any junkyard.
E.
It shall be unlawful to burn, ignite or smolder any
junk, refuse or any materials on the premises within 500 feet of any
buildings on adjacent properties or the right-of-way of any public
highway, or in such a manner as to cause excessive smoke, fumes or
odors to be carried to adjacent properties or public highways which
may be injurious or dangerous to the public health, safety or welfare.
A permit shall be first obtained from the Borough Council prior to
burning, smoldering or igniting any items aforesaid, and such burning,
smoldering or igniting shall be performed in accordance with the directions
of the Borough Council and any agent or person so authorized by the
Borough Council.
F.
All yards or places where such businesses are or shall
be operated and conducted shall be surrounded and enclosed by a substantial,
solid fence at least eight feet in height from the normal ground level.
The type and construction of said fence shall be designated and approved
by the local Building Inspector. Fireproofing of said fences shall
be required if deemed necessary by said local Building Inspector.
All entrances and exits shall be guarded by a substantial gate which
can be secured against unauthorized entry. Said fence shall be constructed
and located at least 150 feet from the boundary line of adjacent and
adjoining lands and the right-of-way of any public highway.
G.
No condition which is a public fire or health hazard
or menace or a public nuisance shall be permitted to exist or continue
in any junkyard.
H.
The Borough Council shall have the right to prescribe
certain times at which it shall be permissible to pound or hammer
metals or other materials on weekdays between the hours of 8:00 p.m.
and 7:00 a.m. and on Sundays.
The Borough Council or any person or agency
authorized by said Borough Council shall have the right to make inspection
of any junkyard at reasonable hours and reasonable times.
A.
A license may be permanently revoked or suspended
for any period of time for the violation of any provisions of this
chapter. A licensee hereunder who shall be convicted of or plead non
vult or nolo contendere to a charge of receiving stolen goods shall
give cause to have said license suspended, and should the same occur
on three separate occasions, it shall be good and sufficient cause
for permanent revocation of said license.
B.
For any proposed revocation or suspension of a license
for any violation hereunder, the holder of said license shall be entitled
to a ten-day notice of said proposed suspension or revocation. Said
licensee shall be entitled to a public hearing upon request, to be
held not less than 10 days thereafter. The Borough Council shall preside
at such hearing, receive evidence, present evidence and determine
and adjudge the facts. The licensee shall have the right to have counsel
represent him at said hearing and present evidence on his behalf.
Upon conclusion of the hearing, the Borough Council shall have the
Borough Clerk record its findings, determinations as to the law pertaining
to the same and any suspension or revocation so ordered.
Should any person be aggrieved by the action
of the Borough Council to grant, deny, transfer, refuse to transfer,
renew, suspend or revoke a license hereunder, said person may file
a written request to be heard before the Borough Council within 30
days after such action has been initiated and commenced. Notice of
a public hearing upon said request shall be given by the Borough Clerk,
said hearing to be held not less than five days after service by mail
upon the person requesting said hearing. The Clerk shall also give
notice of the hearing to other persons directly interested in the
action concerned. The Borough Council shall, at such hearing, determine
whether the grant, denial, transfer, renewal, refusal to transfer
or revocation of the license was in accordance with the provisions
of this chapter and shall prepare and issue written conclusions and
findings of fact, conclusions of law and an order by resolution to
effect its findings and conclusions. Said conclusions of law and order
and findings of fact shall be placed upon the minutes of the Borough,
and a copy shall be served upon the parties appearing or represented
at said hearing.
A.
Any and all persons presently engaged in the business
or occupation of a junk dealer or junkyard operator hereunder within
the boundaries of the Borough of Newfield shall comply with the provisions
of this chapter by presenting an application for a junk dealer's license
within 30 days after the final passage and publication hereof, and
if said junk dealer's license is granted, said person or persons shall
comply with § 117-14 within 60 days thereafter. Credit for
any fees paid to the Borough for a license to operate hereunder, in
the granting of a license hereunder, shall be extended to all such
persons.
Any person who shall violate any provisions
of this chapter shall be subject to a fine not to exceed $2,000, imprisonment
for a term not to exceed 90 days, and/or a period of community service
not exceeding 90 days, upon conviction thereof before a court of competent
jurisdiction, in addition to suspension or revocation of said license.
This chapter shall govern and apply to any junk
dealer who makes application to the State of New Jersey pursuant to
the provisions of N.J.S.A. 39:11-1 et seq.
