Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middle: Art. I, 5-21-1953 as Ord. No. 84; Art. II, 5-15-1985 as Ord. No. 509-85. Sections 168-6 and 168-14 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Dumping — See Ch. 128.
Property maintenance — See Ch. 193.
Vehicles and traffic — See Ch. 236.
Sale of vehicles — See Ch. 241.
Fees — See Ch. A285.
[Adopted 5-21-1953 as Ord. No. 84]
From and after the passage of this Article, it shall be unlawful for any person, firm or corporation to operate, conduct or maintain a junk shop or junkyard in which junk, as hereinafter described, shall be purchased, stored, sold, repaired or dismantled within the confines of the Township of Middle without having first obtained a license for such purpose and having complied fully with the regulations and requirements as hereinafter set forth.
As used in this Article, the following terms shall have the meanings indicated:
JUNK
Includes scrap iron and old metals of every description, rags, rope, old bottles and other glass products, lumber, paper, discarded machinery of every description or parts thereof, registered and unregistered automobiles which are unfit for reconditioning for use upon the highways, used parts of any and all motor vehicles and any other secondhand or used articles, material or merchandise and such other articles which commonly come within the classification of "junk."
Any person, firm or corporation desiring to obtain such a license as required herein shall file a written application with the Township Clerk and shall comply with the following provisions:
A. 
The license fee shall be $10 per year for the calendar year and shall be prorated for the year of original issue.
B. 
The application shall set forth the name and residence of the applicant, the detailed nature of the business to be conducted and the classes of material which are to be stored or sold, the full description of the premises for which the license is desired and whether the applicant owns or leases said premises.
C. 
The property upon which such business shall be conducted shall be enclosed by a hedge, stone or brick wall or wooden fence not less than six feet nor more than eight feet in height.
D. 
All goods, articles, merchandise, motor vehicles or parts thereof shall be stored and kept with the enclosure hereinabove described and not upon the sidewalk, street or any part thereof.
E. 
The secondhand materials and junk, as herein described shall not be stacked, piled or placed upon the premises in such a manner as to create a fire hazard or a breeding place for vermin, rats or mice.
F. 
No such yard or storage place for junk, automobiles or other secondhand material as described herein shall be permitted within 500 feet of any state, county or township street, road or highway or within 1,000 feet of any church, school or other public building or within 1,000 feet of any dwelling place other than that occupied by the applicant.
G. 
Any member of the Township Committee or Board of Health or any police officer shall have the right at any reasonable time to inspect the premises.
The Township Committee may restrict the number of such licensed premises within the Township of Middle and may impose such rules, regulations and restrictions with regard to the business to be conducted which it may deem necessary and proper for the preservation of the public safety, health and welfare of the township and its inhabitants.
It shall be unlawful for any person to deposit or leave any abandoned or unlicensed automobile, truck or other automotive equipment, or any part thereof, or any other junk, as defined in this Article, in open fields or upon any private property or to deposit any kind of trash or refuse within 500 feet of any state, county or township street, road or highway.
Any person, firm or corporation who shall violate any provision of this Article or shall fail to comply therewith or who shall violate or fail to comply with any regulation or order made hereunder shall, upon conviction, be subject to one or more of the following: a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days or a period of community service not to exceed 90 days.
[1]
Editor's Note: Amended at time of adoption of Code. (See Ch. 1, General Provisions, Art. I).
[Adopted 5-15-1985 as Ord. No. 509-85]
It is hereby determined and declared that the storing, depositing, placing, maintaining, accumulating, leaving, parking or abandoning on public lands, private lands or public highways within the confines of the Township of Middle of any junk vehicle as described herein is contrary and inimical to the public welfare for the following reasons:
A. 
Said vehicles may attract persons of tender years who, being so attracted, may play in and about them and be injured in so doing.
B. 
Said junk vehicles, when stored, deposited, placed, maintained, accumulated, left, parked or abandoned out of doors and laying exposed to the elements, deteriorate and constitute a fire hazard.
C. 
Said junk vehicles are unsightly and depreciate the value of properties in the neighborhood in which they are located.
For purposes of this Article, the following terms shall be defined as follows:
MOTOR VEHICLE
Any vehicle propelled otherwise than by muscular power, excepting only such vehicles as run upon rails or tracks, and motorized bicycles.
JUNK VEHICLE 
Any motor vehicle or motorized bicycle which:
A. 
Does not have a current motor vehicle registration;
B. 
Does not have a current New Jersey inspection certificate;
C. 
Lacks one or more tires;
D. 
Is or appears to be mechanically inoperable;
E. 
May attract persons of tender years who, being so attracted, may play in and about said motor vehicle and be injured in so doing;
F. 
Has deteriorated and may constitute a fire and/or health hazard; or
G. 
Has deteriorated to the point where it is or appears to be unfit for reconditioning for use for highway transportation.
Except as provided herein, it shall be unlawful for any person, firm or corporation, either as owner of any private lands or as occupant, lessee, tenant or agent of the owner of any private lands or as a trespasser or other user of private lands, with or without permission, or in any other capacity whatsoever, to store, deposit, place, maintain, accumulate, leave or park or permit to be stored, deposited, placed, maintained, accumulated, left or parked on any private lands or public lands or highways within the Township of Middle any junk vehicle or part or parts thereof unless the same are completely contained within an enclosed and roofed building.
It shall be an affirmative defense to any charge of a violation of § 168-9 of this Article with regard to a junk vehicle as defined in § 168-8, Subsections D, E, F and G of the definition of "junk vehicle," that said motor vehicle is operable. The burden of proof with regard to operability in such case or cases shall fall upon the defendant therein.
If a motor vehicle is stored upon lands and premises, public or private, for a period of more than 48 hours, said storage and/or maintenance shall be deemed prima facie evidence that the motor vehicle is not capable of being presently used or operated, and a rebuttable presumption shall be created that said motor vehicle falls within the parameters of Subsections D, E, F and G of the definition of "junk vehicle" above.
A. 
Junkyards. Nothing contained herein shall prohibit a motor vehicle junkyard, operating under a valid, current state license issued pursuant to N.J.S.A. 39:11-1 et seq. and not violating any other ordinance of this township, from storing, maintaining or accumulating junk vehicles in the normal course of business; provided, however, that any junk vehicles so stored, maintained or accumulated must be in an enclosure completely surrounded by a solid fence or wall at least three feet taller than the highest junk vehicle or accumulated junk vehicles and, in any event, of a minimum height of six feet and a maximum height of eight feet, with necessary solid gates.
[Amended 7-31-1985 by Ord. No. 520-85]
B. 
Service stations. Nothing contained herein shall prohibit a gasoline service station, a motor vehicle repair shop or a motor vehicle garage, which is not violating any other ordinance of this township, from storing, maintaining or accumulating junk vehicles in the normal course of business; provided, however, that unless said junk vehicles are contained within a completely enclosed and roofed building, not more than three junk vehicles may be stored, maintained or accumulated at any one time, and no junk vehicle may be stored, maintained or accumulated for a period in excess of 48 hours. Junk vehicles stored, maintained or accumulated within a completely enclosed and roofed building on premises operated as a gasoline service station, a motor vehicle repair shop or a motor vehicle garage may be stored, maintained or accumulated in any quantity for any period of time.
C. 
Historic motor vehicles. Nothing contained herein shall prohibit the storing, maintaining or parking of an historic motor vehicle as defined in N.J.S.A. 39:3-27.3 on any property situate within the confines of the Township of Middle.
D. 
Farms. Nothing contained herein shall prohibit the maintenance of any unregistered or uninspected vehicle on any bona fide farm of five acres or more.
E. 
Vehicle under restoration. Nothing contained herein shall be deemed to prohibit any resident from maintaining on any premises situate within the confines of the Township of Middle one vehicle under restoration, provided that said resident is actively engaged in the restoration of said vehicle, and provided further that said vehicle is maintained in the rear yard of the premises as defined in the Zoning Ordinance of Middle Township,[1] and provided that restoration is completed within 30 days.
[1]
Editor's Note: See Ch. 250, Zoning.
The Township Police Department, the Township Zoning Officer and all enforcement officials of the Township Construction Official's office are hereby authorized and empowered to enforce the terms of this Article.
Any person violating any section of this Article shall be subject to one or more of the following: a fine of not more than $1,000 or imprisonment for a term of not more than 90 days or a period of community service not to exceed 90 days. Each twenty-four-hour period in which a violation of this Article continues shall be deemed a separate and distinct violation hereof.
[1]
Editor's Note: Amended at time of adoption of Code. (See Ch. 1, General Provisions, Art. I).