[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.]
[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:
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.Â
The license fee shall be $10 per year for the calendar
year and shall be prorated for the year of original issue.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
[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.Â
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.Â
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.Â
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:
Any vehicle propelled otherwise than by muscular power, excepting
only such vehicles as run upon rails or tracks, and motorized bicycles.
Any motor vehicle or motorized bicycle which:
Does not have a current motor vehicle registration;
Does not have a current New Jersey inspection certificate;
Lacks one or more tires;
Is or appears to be mechanically inoperable;
May attract persons of tender years who, being so attracted, may play
in and about said motor vehicle and be injured in so doing;
Has deteriorated and may constitute a fire and/or health hazard; or
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.Â
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.Â
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.Â
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.Â
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.Â
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.
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.
