[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.
A.
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.
B.
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,[1] 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.
A.
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.
B.
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.
C.
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.
D.
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.
No license shall be issued to any person convicted of the crime
of larceny or receiving stolen goods or other crime involving moral
turpitude.
A.
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.
B.
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.
