[HISTORY: Adopted by the Township Committee of the Township of Freehold
by Ord. No. 37 (§ 7-7 of the Revised General Ordinances).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any old, discarded or unused waste iron or other metal or substance,
glass, papers, machines in whole or in part, unregistered motor vehicles which
are unfit for reconditioning or for sale for highway transportation, used
parts of motor vehicles and any material commonly known and generally referred
to as "junk" in the ordinary meaning of the word acquired or collected commercially.
Any person who buys or otherwise acquires junk for commercial purposes
within the Township or who collects or stores junk therein, and includes any
auto wrecking business, the sale of used automobile parts and the sale or
storage of used lumber, used plumbing fixtures or other used or secondhand
articles.
Any land within the Township on which junk is placed, collected,
stored or kept.
No person shall engage in the business or occupation of a junk shop keeper, junk dealer or motor vehicle junk dealer in or on any premises located in the Township without first having obtained a license in accordance with Chapter 195, Licensing, Article I, General Licensing Requirements, and this chapter.
In addition to the information required in § 195-2, the application shall include a statement of whether the applicant is the owner of the site where the business is to be conducted, and if not, the owner's written consent to the conduct of the business. Each application shall have attached a sketch or drawing of the property at which the business is to be conducted showing the names of all streets and the names of all property owners abutting or adjoining the premises and showing the dimensions of the property, and the zoning designation of such property.
Each application filed with the Township Clerk shall be presented to
the Zoning Officer for recommendation to the Township Committee not later
than the second regular meeting following the filing of the application, at
which meeting the Township Committee may act upon any application so presented
or defer action thereon to any subsequent meeting. No license shall be issued
by the Township Clerk until its issuance has been duly approved by resolution
adopted by the Township Committee, provided that if the Township Committee
does not take action on the application within 60 days of the date on which
it is first submitted to the Township Committee by the Clerk, it shall be
deemed that the granting of the license has been approved, and the Clerk shall
be authorized to issue the license upon compliance by the applicant with all
the terms and conditions of this chapter.
The annual license fee shall be as provided in Chapter 150, Fees. If the license is for part of the license year, the fee shall be prorated on a monthly basis.
Any licensee or agent who receives or is in possession of any goods,
articles or things which may have been stolen or lost shall, upon demand to
view the same, present the goods to any official of the Township, including
police officers, health inspectors, members of the Board of Health, or any
other law enforcement agency or agent.
All licensed premises shall be subject to inspection at all times by
the Township Committee, Board of Health or any duly authorized agent, servant
or employee.
Every junk dealer is required to keep a written book or record at the licensed premises which shall at all times be open to the inspection of any of the persons mentioned in § 186-6 or 186-7. The licensee shall currently and daily record in the book the description of all articles purchased and the name and address of the person from whom purchased. No licensee shall at any time trade with or make a purchase from any person under the age of 17 years.
[Amended 12-27-2005 by Ord. No. O-05-48]
No junk dealer shall conduct his business or occupation at any premises
in the Township on a Sunday or at any time other than between the hours of
8:00 a.m. and 6:00 p.m. The number of junkyard licenses in the Township in
effect at the same time shall not be more than three.
No junk dealer shall operate or be granted a license to operate a junkyard
unless the following requirements are complied with:
A.
No motor vehicle or junk shall be stored or dismantled
within 500 feet of any dwelling house, place of residence, house of worship,
school, auditorium, place of public gathering or like place, except such dwelling
house as may be situated on the licensed premises.
[Amended 9-25-2007 by Ord. No. O-07-25]
B.
No junk or refuse material shall be burned within 100
feet of any building or adjacent property.
C.
Precaution shall be taken by each licensee to safeguard
all inflammable, combustible or explosive materials from fire, and no licensee
shall stack, pile or place junk upon the licensed premises in such manner
as to create a fire hazard. In addition, all gasoline, fuel or other explosive
material shall be drained and removed from any motor vehicle within eight
hours after it is received on any premises licensed as a junkyard conducted
by a junk dealer located in the Township, and the gasoline, fuel or other
explosive material shall be either removed from the premises or kept in a
leakproof tank buried on the premises at a point not closer than 100 feet
from any dwelling house and to a sufficient depth so that the top of the tank
shall not be nearer to the ground level than 2 1/2 feet. The tank shall
be located within the permissible portion of the premises as hereinafter set
forth at which the business is conducted.
D.
No junk shall be stacked, placed or stored in such fashion
that it shall be visible above the height of the fence surrounding the premises.
E.
No junk dealer shall conduct his business in any junkyard
at any point on the premises which shall be located nearer than 50 feet to
any street or highway or nearer than 25 feet to any of the side lines of the
premises. The business may be so maintained and conducted in the permissible
area of the premises only so long as the same is enclosed by a fence at least
eight feet in height, which fence shall be a solid fence and shall be so constructed
that the business carried on within the permissible area shall not be visible
from the exterior except during the time that junk is actually transported
in the regular course of business or the owner, operator or employees of the
business are gaining access to or making exit from the permissible area through
an opening in the fence. Openings in the fence shall not be in excess of 15
feet in width and shall not exceed more than one opening on each side of the
permissible area of the premises.
