As used in this chapter, the following terms shall have the meanings
indicated:
JUNK
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.
JUNK DEALER
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.
JUNK SHOP
Any building within the city in which junk is placed, collected,
stored or kept.
JUNKYARD
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.
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.