[HISTORY: Adopted by the City Council of the City of Trenton as indicated in article histories. Amendments noted where applicable.]
Article I Sale of Scrap Metals
Article II Junkyards and Recycling Centers
[Adopted 9-7-1967 as § 5-5.10 of the Revised General Ordinances]
As used in this article, the following term shall have the meaning indicated:
- SCRAP METALS
- All forms of metals, new and used, except gold, silver, platinum, palladium and alloys thereof.
No person shall engage in the business of the purchasing of scrap metals without first obtaining a license from the City Clerk.
Application; investigation. Upon receipt of an application completed pursuant to this section, the City Clerk shall refer such application to the Police Director, who shall institute such investigation of the applicant's moral character and business responsibility as (s)he deems necessary for the protection of the public welfare.
Recommendation of Police Director. Upon completion of the investigation, which shall take no more than 30 days, the Police Director shall return the application, or a copy thereof, to the City Clerk accompanied by his/her recommendations as to whether the license should be issued or denied. If the recommendation of the Police Director is to deny the license, the grounds for such recommendation shall be stated. Grounds for recommending denial of a license may include information regarding the applicant's moral character, demonstrated business responsibility or conviction of a crime involving dishonesty, fraud, deceit or misrepresentation. If a denial is based upon the conviction of a crime, an additional determination shall be made by the Police Director as provided for in N.J.S.A. 2A:168A-1 et seq., the Rehabilitated Offenders Act. Upon receipt of the recommendation of the Police Director, the City Clerk shall issue or deny the license accordingly.
Appeal. The decision of the Police Director as to the acceptance or denial of the application shall be a final administrative determination and appealable to the Superior Court of New Jersey.
The fee for an initial application shall be $200, nonrefundable. Each annual renewal fee shall be $25. If on January 27, 1990, a person has been in business within the City pursuant to § 137-2 for a period of not less than five years, the fee for an initial application shall be $25, and investigation pursuant to § 137-3 may be waived by the City Clerk.
Duties. Any person in the business of purchasing scrap metals who buys, attempts to buy or offers to buy scrap metals on the basis of bulk value shall:
Obtain proof of identity from each person who sells scrap metals to him/her.
Weigh the materials in plain view of the seller, on scales certified by a Weights and Measures official with the certificate of inspection clearly and prominently displayed.
Provide to the seller a weight certificate issued by a person certified as a weighmaster by the Superintendent of Weights and Measures under the provisions of N.J.S.A. 51:1-73 to 51:1-80.
Retain any scrap metals in the form in which they were purchased for a period of not less than two business days and a minimum of 48 hours.
Serialized weight certificates.
Each weight certificate shall be issued in duplicate, shall be serially numbered and shall be used only in consecutive order. One copy of each weight certificate issued under the provisions of this section, and all voided weight certificates, shall be kept on file at the place of business of the buyer for a period of one year from date of issuance and shall be subject to inspection by any law enforcement officer or Weights and Measures official.
Each weight certificate issued shall contain the following:
The name and address of the buyer.
Date of the transaction.
Where applicable, the gross weight of the material and the vehicle in which it is contained.
Where applicable, the tare weight or the weight of the vehicle without load.
The net weight of the material.
The name of the material purchased.
The price paid for the material at the standard measure of weight prescribed by the Superintendent of Weights and Measures.
The name, address and signature of the seller of the material.
The signature and seal of the weighmaster issuing the weight certificate.
This article is not applicable to government agencies.
In case of the death, absence or inability to act of a weighmaster, any person may substitute for such deceased or absent weighmaster, provided that immediate notice of such substitution is reported by such person to the Superintendent of Weights and Measures and that any such substitute shall not be authorized to continue as weigher for a period in excess of five days, unless with the written consent of the Superintendent.
Any person who violates any provision of this article shall be liable to a mandatory penalty of not less than $100 nor more than $1,000, recoverable by the Superintendent of Weights and Measures pursuant to N.J.S.A. 2A:58-1 et seq., the Penalty Enforcement Law. An action for the recovery of a civil penalty for violation of this article shall be within the jurisdiction of, and may be brought before, the Municipal Court of the City.
A summons or warrant against any foreign business entity doing business in the City shall be processed as provided by law.
[Adopted 9-7-1967 as § 5-5.13 of the Revised General Ordinances]
No person or corporation shall operate a junkyard or recycling center in the City as defined in Chapter 315, Zoning and Land Development, of the Code of the City of Trenton, without first obtaining a license from the City Clerk and complying with the provisions of this article.
Noise standards for junkyards and recycling centers shall be established on the basis of the proximity of the facility to residential and other sensitive land uses. No person shall operate or cause to be operated within the boundaries of any junkyard or recycling center any source of sound in such a manner as to create a sound level in excess of the limits set forth below as measured at or within the property boundary of the receiving land use. The owner or operator of any facility may be required by the City to measure the sound level of or the vibration from any source within the facility in accordance with the methods and procedures, and at such locations and times as the authorized City representative may reasonably prescribe and to provide reports of the results of such measurements to such representative in a timely fashion. The authorized City representative may require the measurements to be conducted in the presence of himself/herself or any other City enforcement official, and may require the measurements to be done by an independent and professionally qualified firm or individual.
The operation of all junkyards and recycling centers, and the storage and disposal of all materials and residues in such centers, shall be governed by the following standards:
Junkyards and recycling centers must be operated and maintained in sanitary condition, free of litter, debris and rodent infestation. Tracking of earth, mud and debris on streets, sidewalks or adjacent properties shall not be permitted and shall be deemed a violation of this article.
Junkyards and recycling centers shall institute and maintain an effective insect- and rodent-control program at the facility, which shall be under the direction of a qualified applicator of pesticides as set forth in the New Jersey Pesticide Control Code, N.J.A.C. 7:30. Evidence of insect and/or rodent infestation at any facility shall be deemed a violation of this article.
The operation of a junkyard or recycling center shall not result in any continuous, irritating or noxious odor associated with residue being detectable off-site from the facility in any location or on any property used for residential, institutional, commercial or other purposes by the general public, as determined by the City Health Officer.
All processed and unprocessed materials and residue shall be stored in a manner which prevents runoff, leakage or seepage of any waste or residue into, on or around the soil on which the storage area or stockpile is located. All residue shall be removed from the site in accordance with the rules of the New Jersey Department of Environmental Protection on interdistrict and intradistrict solid waste flow, N.J.A.C. 7:26A-1.
At no time shall any hazardous waste, as defined in N.J.A.C. 7:26, be received, stored, processed or transferred at any junkyard or recycling center.
At no time shall any capacitors or electronic components which contain polychlorinated biphenyls (PCBs) and which are attached to or detached from appliance or other scrap metal objects be shredded, sheared or baled within any facility.
The burning of wrecked or discarded vehicles, or any parts thereof, or any junk or waste materials shall be prohibited unless specifically approved by such agency authorized to approve such activities.
The application for the business license shall specify the materials that will be received, stored, processed and/or transferred at the facility that is the subject of the application. No materials other than those specified in the application and no processing other than that specified in the application may take place at any junkyard or recycling center without written notification to the City Clerk.
A clearly legible sign shall be posted and maintained at the entrance to any junkyard or recycling center providing the following information:
The approved hours of operation of the facility, as specified in the business license issued for the facility.
A list of the approved materials and processes, as specified in the approved site plan for the facility.
A notice that all persons bringing materials to the facility must complete and certify a materials receipt form.
Authorized representatives of the City shall have the right to enter and inspect any junkyard or recycling center with or without advance notice in order to determine whether the facility is in compliance with any of the applicable provisions of this article and any other city ordinance.