[HISTORY: Adopted by the City Council of the City of Passaic 5-1-1975
as Ord. No. 296-75. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any waste or discarded material, old lumber or materials obtained
from dismantled buildings, old iron or other metal or substance, glass, paper,
machine parts, accessories, discarded machinery or discarded machines, in
whole or in part, unregistered motor vehicles which are unfit for reconditioning
for sale for highway transportation, used parts of motor vehicles and any
material acquired or collected commercially and commonly known as "junk" in
the ordinary meaning of the word.
A junk shop or junkyard keeper who also uses or intends to use one
or more vehicles for the purpose of buying, collecting or otherwise acquiring
junk for commercial purposes and placing, collecting or storing the same in
his junkyard or junk shops.
Any building within the city in which junk is placed, collected,
stored or kept.
Any lot of land within the city on which junk is placed, collected,
stored or kept.
It shall be unlawful for any person to keep, maintain or operate a junkyard
or junk shop or to engage in the business of a junk dealer within the limits
of the city without first having obtained a license or permit therefor, as
the case may be, in accordance with the provisions of this chapter.
A.
Contents; accompanying items.
(1)
Any person desiring a license for a junkyard or junk
shop shall file with the City Clerk an original and four copies of an application,
under oath, in writing, on a form furnished by the City Clerk.
(2)
The application shall set forth the following information:
(a)
The applicant's name, business name and business
address.
(b)
Whether the applicant is an individual, a partnership,
a corporation or another entity and, if another entity, a full explanation
and description thereof.
(c)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(d)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth of each partner.
(e)
If the applicant is a corporation or other entity: in
the case of a corporation, the full names, residence addresses, dates and
places of birth of each major officer and each stockholder, the name and address
of the registered agent and the address of the principal office (the term
"stockholder," as used herein, means and includes any person owning or having
an interest, either legal or equitable, in 10% or more of the stock issued
and outstanding of the applicant corporation); in the case of another entity,
the full names, residence addresses, dates and places of birth of each person
owning or having any interest, either legal or equitable, aggregating in value
10% or more of the total capital of said entity, the name and address of the
registered agent, if any, and the address of the principal office.
(f)
Whether the applicant or any partners, officers or stockholders
thereof have ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime or charge
involved and the disposition thereof (the term "officers," as used herein,
means and includes the president, vice president, secretary and treasurer
of a corporate applicant).
(g)
If the applicant is an individual, the length of time
he/she has been a resident of the City of Passaic and his/her previous employment;
if the applicant is other than an individual, the name of the manager or person
in charge of the junkyard and his/her prior employment. "Manager" or "person
in charge" shall mean the person at the site on a regular, daily basis who
oversees the operation.
[Amended 6-3-1993 by Ord. No. 1218-93]
(h)
The detailed nature of the business to be conducted.
(i)
The location of said business as shown upon a detailed
and suitable map thereof accompanying and attached to the application. The
map shall be made according to scale and certified by a licensed land surveyor.
The map shall show the premises sought to be licensed; the existing or proposed
buildings and fences and their location; the size, height and entrance of
all buildings; the type of construction of buildings; and a description of
the equipment.
(j)
As to any existing or proposed fences:
(k)
If the applicant is not the owner of the site where the
licensed business is to be conducted, the owner's consent to the conduct
of said business shall be endorsed on the application.
(3)
Each application for a junkyard or junk shop license
shall contain an agreement that the applicant accepts the license to be granted
upon the condition that it may be suspended or revoked for cause at any time
by the Council.
B.
Any change in any of the information supplied per § 173-3A shall require the filing of an amendment to the application within 10 days of the effective date of such change. Failure to so amend the application shall be cause for the suspension or revocation thereof.
[Amended 6-3-1993 by Ord. No. 1218-93]
A.
Upon receipt of such application, the City Clerk shall
submit copies thereof to the Police Department, the Fire Department, the Zoning
Officer, the Division of Code Enforcement and the Division of Health for reports
on compliance and noncompliance with state statutes, rules and regulations
and municipal orders and regulations and the truth of the matters contained
in the application.
[Amended 6-3-1993 by Ord. No. 1218-93]
B.
Upon return of said application and reports, the City
Clerk shall set a date for a hearing to be held by the Municipal Council on
the application, shall notify the applicant of such date and shall submit
said application and reports to the Municipal Council at the time of such
hearing.
A.
The applicant for a junkyard or junk shop license shall,
at least five days prior to the time appointed for hearing on the application,
give notice of such hearing to all property owners within 200 feet of the
property lines of the junkyard or junk shop proposed to be licensed. Upon
the hearing, any party may appear or be heard in person or by agent or by
attorney.
B.
Compliance with the notice and hearing requirements of Subsection A of this section shall not be required for any renewal application for a junkyard or junk shop license where the renewal application covers the same premises as the premises described in the expired or expiring license and the applicant is the holder of the expired or expiring license; provided, however, that after the expiration of a license for a period of more than one year, an application by the same holder and for the same premises shall not be deemed a renewal application within the meaning of this subsection and application for the extension or enlargement of any junkyard or junk shop previously licensed shall not be deemed a renewal application within the meaning of this subsection.
C.
If said property owners described in this section are
the occupants of the property affected by such application or are residents
of the city, then such notice referred to in this section shall be served
either by handing a copy thereof to the said property owners or by leaving
a copy thereof at the usual place of abode. Service upon a partnership or
a corporate property owner shall be deemed complete upon service of the notice
upon any partner or corporate officer. If said property owners are nonresidents
of the city, said notice may be served by mailing said written notice by registered
or certified mail to the last known address of the property owner as shown
by the most recent city tax lists.
D.
The applicant shall, by affidavit, present satisfactory
proof to the Council, at least three days prior to the hearing, that said
notices have been duly served.
No premises shall be licensed for a junkyard or junk shop until the following items are complied with as certified by the appropriate department head as per § 173-4 hereof:
A.
The junkyard or junk shop shall be screened from view
of adjacent properties by a painted mason or metal fence eight feet in height.
B.
The lighting of such junkyard or junk shop shall not
be directed toward any adjacent property or street.
C.
Such use will not disseminate dust beyond the boundaries
of the lot on which situated, and such use will not produce noise exceeding
in intensity and frequency the noise of street traffic at that point.
D.
There shall be no detrimental effects upon the development
of adjacent properties.
E.
The contents stored in such junkyard or junk shop shall
not be visible from any adjacent dwelling unit at street level.
F.
No license shall be granted if the applicant is indebted
to the city for taxes.
G.
No license shall be granted if the applicant has been
convicted of the crime of larceny or receiving stolen goods.
H.
No receptacle, container, barrel or material shall be
stored or left standing on any public property.
I.
No combustible material shall be permitted to be stored
without proper safety precautions in compliance with the regulations of the
Fire Department.
[Amended 6-3-1993 by Ord. No. 1218-93]
A.
The fee for an annual junkyard or junk shop license issued
under this chapter and for annual renewals shall be as follows:
(1)
Every application for a junkyard or junk shop license
shall be accompanied by a nonrefundable application fee of $100 payable to
the City of Passaic.
(2)
Every application for a junkyard or junk shop license
shall be accompanied by a license fee of $250 payable to the City of Passaic.
Such license fee shall be returned to the applicant only in the event that
the City Council shall refuse to grant or renew junkyard or junk shop license
to the applicant. No license fee or any portion thereof shall be refunded
to the licensee in the event that the junkyard or junk shop license is suspended
or revoked pursuant to any statute, ordinance or administrative regulation.
B.
The license shall be effective from July 1 to the following
June 30, and it is the responsibility of the junkyard or junk shop owner or
operator to make application in sufficient time so that the renewal application
can be processed and heard prior to June 30. It shall be a violation of this
chapter to operate any junkyard or junk shop without a current license, and
each day of such operation shall constitute a separate and distinct violation.
C.
Licenses issued under this chapter are intended for use
only by the persons listed upon the application therefor as modified by any
amendment thereto. Licenses are not transferable or assumable, and no person
or entity other than the one to whom the license is issued may operate thereunder
on or after the date of enactment hereof.
[Added 10-3-1985 by Ord. No. 885-85]
All of the items listed in § 173-7 hereof as prerequisites for the issuance of a junkyard or junk shop license shall be conditions which shall be required of the holder of such licenses after the issuance of such license, during the term such license is held.
[Added 10-3-1985 by Ord. No. 885-85]
In the event that any of the items listed as prerequisites for the issuance of a junkyard or junk shop license in § 173-7 hereof and required of the holder of such license after licensure are not complied with, such failure on the part of the license holder shall constitute cause for the suspension or revocation of such license by the City Council of the City of Passaic.
