[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield 11-3-1960 by Ord. No. 82 (Ch. 62 of the 1977 Township Code). Amendments noted where applicable.]
No person or persons, partnership or corporation shall engage in the business of keeping or maintaining a junk shop, junkyard or motor vehicle junkyard or similar space or place, whether enclosed or otherwise, in the Township of Upper Deerfield, for the purpose of buying and selling, exchanging or storing old rags, old bedding, old bones, old metals, old bottles, old glassware, old tinware, old paper, old lumber, old plumbing fixtures, old motor vehicles or parts thereof or other used material commonly called "junk," without being licensed for that purpose under the terms of this chapter.
Application for a license shall be made to the Township Committee in writing and shall be filed with the Township Clerk, who shall fix a time for hearing, which hearing shall be held not more than 45 days after such application is made, provided that said hearing may be adjourned by the Township Committee.
The applicant shall, at least five days prior to the time fixed for hearing, give written notice to all persons owning or occupying property situate within 1,000 feet of the property for which the application is made. Such notice shall be given by handing a copy thereof to said persons or by leaving a copy at the usual place of abode of said persons; provided, however, that where said persons are nonresidents of the Township of Upper Deerfield, such notice may be given by registered mail, addressed to the last known address of said persons as shown on the most recent tax list of the municipality. Proof of service of notice shall be filed with the Township Clerk at least two days prior to the hearing.
Application for license shall contain the name and place of residence of the applicant, name and place of residence of the owner of the property, place where the junkyard is to be maintained, location of such property, names and addresses of all persons owning or occupying premises situate within 1,000 feet of said property, nature of business which applicant desires to operate and such other information as the Township Committee may determine by resolution. The required license fee shall be deposited with the Township Clerk when the application is made. If the application is denied, no fee shall be returned to the applicant, and all fees deposited with the Township Clerk shall be paid over to the Township Treasurer.
Any license granted hereunder may be renewed annually without further hearing, provided that the licensee has complied with the provisions of this chapter, and provided further that the Township Committee may for cause require further hearing on any application for renewal of license. No license shall be renewed without a hearing if such license has lapsed for a period of one full year, in which event the fee for an initial license shall be required and deposited with the Township Clerk when the application is made.
[Amended 6-2-1977 by Ord. No. 168]
The initial license fee shall be $100 per year or any fraction thereof, and thereafter the renewal license fee shall be $25 per year or any fraction thereof.
[Amended 3-7-1968 by Ord. No. 111; 6-2-1977 by Ord. No. 168]
In the event that the premises to be licensed face any public street or are exposed to public view, any part of such premises which faces a public street or is exposed to public view shall be enclosed with screening which meets the construction specifications and the visibility requirements now contained in the Zoning Ordinance of the Township of Upper Deerfield, as the same may hereafter be amended from time to time, provided that an application may be approved conditioned upon the erection of such screening, but no license shall be issued or effective until the applicant has complied with this condition.
A license issued under this chapter shall authorize the licensee to conduct said business only at the place or location specified in the license, and no license shall be transferred to any other location in the Township. A license issued hereunder shall not be assignable or transferable to any other person, partnership or corporation.
No material shall be permitted to be piled or placed in such a manner as to create a place for the harboring or breeding of rats, mice or vermin.
No motor vehicle shall be dismantled within 50 feet of any dwelling house, except such dwelling house as may be situated on the licensed premises.
No junk or refuse material shall be burned within 50 feet of any building, except with the permission of the Chairman of the Township Committee.
All material shall be so stacked, piled, placed or otherwise stored a sufficient distance from the side line of the licensed premises as to prevent the same from falling upon or doing injury to the adjoining premises or persons lawfully using the same, or other effective means shall be provided to prevent such injury.
All junk or other materials as specified in this chapter shall be carted or hauled in tight-bottom wagons or trucks and shall be covered in such a manner that it cannot be blown or dropped on the streets of the Township.
No license shall be issued to any person convicted of the crime of larceny or receiving stolen goods or other crime involving moral turpitude.
Any licensee or any business operated pursuant to a license granted under this chapter shall at all times be subject to reasonable rules and regulations adopted by resolution of the Township Committee for the proper operation and regulation of such licensee or such business.
All licensed premises shall be subject to inspection by the Township Committee or any Township agent appointed for that purpose.
Whenever any license shall be abandoned, revoked or suspended, no refund shall be made of any unearned portion of the license fee.
[Amended 6-2-1977 by Ord. No. 168]
Any person, partnership or corporation found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay a fine not exceeding $500 or shall be committed to the county jail for a term not exceeding 90 days, or both, and in lieu of or in addition to the foregoing penalties, the license granted under this chapter may be suspended or revoked in the discretion of the court.