[HISTORY: Adopted by the City Council of
the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 11,
of the 1979 Revised General Ordinances of Paterson. Amendments noted
where applicable.]
A.
The purpose of this chapter is to raise revenue and
to regulate the junkyard business referred to in this chapter.
B.
Nothing in this chapter is intended to apply to the regulation and licensing of businesses exclusively engaged in buying and dismantling of used automobiles and of buying and selling used automobile parts, the regulation and licensing of which are set forth in Chapter 287, Junk Dealers, Motor Vehicle.
As used in this chapter, the following terms
shall have the meanings indicated:
Any aluminum cable, bar, rod, pipe or tubing of the type
used to construct utility, communication or broadcasting towers, aluminum
utility wire, aluminum radiators not attached to a motor vehicle,
aluminum irrigation pipe or tubing, or any aluminum artwork, ornament,
roofing or railing, whether composed of aluminum or alloys thereof,
or any combination of these. Aluminum materials does not include aluminum
cans that have served their original economic purpose.
[Added 4-14-2009 by Ord. No. 09-009]
Any copper wire, bar, rod, pipe or tubing, including copper
wire or cable or coaxial cable of the type used by public utilities,
common carriers or communication services providers, whether wireless
or wire line, copper air conditioner evaporator coil or condenser,
copper or aluminum-copper radiator not attached to a motor vehicle,
or any copper artwork, ornament, roofing or railing, whether composed
of copper or alloys thereof, or any combination of these.
[Added 4-14-2009 by Ord. No. 09-009]
Any receipt or other proof of prior purchase that is regular on its face, or any demolition permit, plumbing permit, electrical permit, or other permit that would entitle the legitimate replacement or removal of the item in question in a structure, or any valid and current contractor's license, including but not limited to that of a home improvement contractor licensed under N.J.S.A. 56:8-136 et seq., a plumber licensed under N.J.S.A. 45:14C-1 et seq., an electrician licensed under N.J.S.A. 45:5A-1 et seq., or a contractor licensed under Chapter 153 of this Code.[1]
[Added 4-14-2009 by Ord. No. 09-009]
Any yard, covered or uncovered, space or place in the City
used for the purpose of sale, purchase, storage or exchange of rags,
old metals, old bottles, old glassware, old tinware, old paper, old
lumber, old plumbing fixtures, material from dismantled buildings,
dismantled old automobiles or parts thereof, motor vehicle junk or
any other old material commonly called "junk." "Junkyard," however,
shall not be deemed to include a yard, space or place used for the
storage of old material to be used for manufacturing purposes by the
person storing the same.
Any railroad track materials as defined in this chapter,
copper materials as defined in this chapter, aluminum materials as
defined in this chapter, and electrical, communications or utility
brass, stainless steel sinks, catalytic converters not attached to
a motor vehicle and metal beer kegs. Marketable metal objects does
not include ferrous materials not listed in this section.
[Added 4-14-2009 by Ord. No. 09-009]
Any household or industrial metal electrical wiring, other
than that used to transmit data or voice by telephone, computer, or
similar device.
[Added 4-14-2009 by Ord. No. 09-009]
Any segment of piping of the type commonly used for natural
gas, whether made of copper, iron or any other metal.
[Added 4-14-2009 by Ord. No. 09-009]
Any segment of piping of the type commonly used for water
supply, sewage or drainage, whether made of copper, iron or any other
metal. Metal plumbing pipe shall not be deemed to include pipes or
ducts of the type commonly used in heating, ventilation and air conditioning
("HVAC").
[Added 4-14-2009 by Ord. No. 09-009]
Any rail, switch component, spike, angle bar, tie plate or
bolt of the type used in constructing railroads.
[Added 4-14-2009 by Ord. No. 09-009]
No person shall have, conduct or engage in the
business of keeping, operating or maintaining a junkyard without first
obtaining a license therefor issued by the Licensing Division after
approval thereof by the Council, in accordance with the provisions
of this chapter.
An application for a junkyard license shall
be made by the applicant, in writing, addressed to the Council on
forms approved by the Council and furnished to the applicant at the
office of the Licensing Division. The application shall be filed with
the Licensing Division and shall be accompanied by the required license
fee.
[Amended 4-19-1983 by Ord. No. 83-032]
A.
Upon the filing of the application accompanied by
the prescribed license fee, the Council shall fix a reasonable time
for a public hearing to be held before it on the application, and
the Licensing Division shall notify the applicant of the same.
B.
The applicant for the license shall, at least five days prior to the time appointed for the public hearing on the application, give notice of such hearing, as provided in § 291-7, to all property owners within 200 feet of the property lines of the junkyard proposed to be licensed. At the hearing, the applicant and all interested persons shall have reasonable opportunity to be heard in person or by agent or by attorney. [1]
[1]
Editor's Note: Former Subsection C, regarding
exception for requirement for public notice, which immediately following
this subsection, was repealed 4-22-2003 by Ord. No. 03-020.
[Amended 6-27-1989 by Ord. No. 89-038]
A.
Notice of a hearing requiring public notice pursuant to § 291-6B shall be given by:
(1)
Serving a copy of said notice on the property owner
as shown on the current tax duplicate, or his agent in charge of the
property; or
(2)
Mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax list. Notice to a
partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, vice
president, secretary or other person authorized by appointment or
by law to accept service on behalf of the corporation. Notice to a
condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the license, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas. The form of the notice shall
include the name of the applicant, the location which is the subject
of the license and the date and time of the hearing, if any, to be
held before the City Council.
B.
The applicant shall by affidavit present satisfactory
proof to the Council, at least two days prior to the hearing, that
said notices have been duly served.
[Amended 10-13-1987 by Ord. No. 87-032]
A.
No junkyard license shall be granted after the effective
date of this subsection unless and until the number of such licenses
issued and outstanding shall be less than 10. When the number of junkyard
licenses issued and outstanding shall be less than 10, additional
licenses may be granted, but only in sufficient numbers so that the
total number of junkyard licenses issued and outstanding will equal
but not exceed 10.
[Amended 5-25-2004 by Ord. No. 04-040]
B.
Except as otherwise provided in this section, no junkyard
license shall be granted under this chapter to any person who has
been convicted of the crime of receiving stolen goods, nor shall a
license be issued to any corporation which includes as stockholder,
director or officer a person who has been convicted of such crime.
C.
If, at the time of the application, more than five
years have elapsed since the date of such a conviction and it appears,
to the satisfaction of the Council, that the convicted person has
conducted himself in a law-abiding manner during that period and his
association with the junk business will not be contrary to the public
interest, the Council may, in its discretion, remove such person's
disqualification from holding a license and grant the license.
After the Council has approved the application
for a junkyard license, the license shall be issued by the Licensing
Division.
Each person to whom a junkyard license is issued
shall commence operation of the licensed premises within 60 days of
the issuance of the license. Upon failure to comply with the provisions
of this section, the license shall be subject to revocation or suspension
unless good and sufficient reasons can be shown for such failure to
comply. Before any action is taken by the Council, a notice shall
be served upon the licensee at least five days prior to the date set
for a hearing, and the licensee shall be given an opportunity to be
heard either in person or through an attorney.
Each space or place licensed as a junkyard shall,
during the entire license term, be entirely enclosed by a suitable
enclosure of not less than eight feet in height which shall be constructed
in such a manner that the interior of such yard and the contents thereof
shall not be visible from public streets or highways facing said junkyard.
The premises licensed for a junkyard shall at
all times be maintained in a safe manner with due regard for the public
health and safety of persons and property in the vicinity in which
the licensed premises are located.
No junkyard licensee shall keep or place or
cause to be kept or placed any material on the sidewalk or street
or any part thereof or on or above the aforementioned enclosure or
between said enclosure and the sidewalk or between any building and
the sidewalk.
[Amended 4-14-2009 by Ord. No. 09-009]
Every junkyard licensee under this chapter shall provide and
keep a book on the licensed premises in which shall be written at
the time of each purchase a description of the articles purchased,
the name and residence of the person from whom the purchase was made
and the date of purchase. Where a purchase of any kind of goods exceeds
100 pounds or $50, whichever is less, the book shall also contain
a photocopy of proof of identification of the person from whom the
purchase was made, in the form of a photographic identification card
issued by any governmental entity or authority located in or within
the United States or its territories. The book shall, at all reasonable
times, be open to inspection by the Chief of Police or his representatives.
[Added 4-14-2009 by Ord. No. 09-009]
In addition to the purchase record book requirements of § 291-15 of this chapter, every junkyard licensee under this chapter, upon purchasing from a seller or group of sellers more than one segment of metal plumbing pipe, as defined in § 291-2 of this chapter, more than one segment of metal gas pipe, as defined in § 291-2 of this chapter, or any metal electrical wire, as defined in § 291-2 of this chapter, shall obtain from the seller indicia of legitimate acquisition, as defined in § 291-2 of this chapter, and retain a photocopy of the said evidence in or attached to the purchase record book.
[Added 4-14-2009 by Ord. No. 09-009]
A junkyard licensee who purchases a marketable metal object as defined in § 291-2 of this chapter, where the purchase of marketable metal objects exceeds 100 pounds or $50, whichever is less, shall keep each separate purchase in a separate and distinct pile, bundle or package, in the usual place of business of the licensee, without removing, melting, cutting or destroying any article thereof, for a period of three calendar days immediately succeeding such purchase, on which package, bundle or pile shall be placed and kept by such licensee a tag bearing the name and residence of the seller, with the date, hour and place of purchase, and the weight thereof.
The license issued under this chapter shall
not be transferable from person to person except in accordance with
the following procedure:
A.
An applicant for a transfer to him of an existing
license shall make application, in writing, addressed to the Council
and filed with the City Clerk at least 10 days prior to the next meeting
of the Council. The application shall be accompanied by the transfer
fee of $50, which fee is imposed for revenue purposes. In the event
that the transfer is not granted by the Council, said transfer fee
shall be returned to the applicant.
B.
The applicant for a transfer of license shall cause
to be published once in a local newspaper, at least seven days prior
to the meeting of the Council, a notice of his intention to apply
for the transfer. Such newspaper notice shall specify the name and
address of the present licensee, the location of the licensed premises
and the date and time of said meeting of the Council.
C.
The applicant for the transfer of license shall prove
to the satisfaction of the Council that he is of good moral character.
In addition to the penalty prescribed in § 291-18 hereof, any license issued under this chapter may be suspended or revoked by the Council, after hearing, upon due notice, where an individual licensee or a stockholder, director or officer of a corporate licensee or a corporate licensee:
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service not exceeding 90 days, or any
combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
