[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood
11-21-72.[1] Sections 204-6 and 204-12 amended at time of adoption of Code:
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 169.
Fences generally — See Ch. 173.
Land use — See Ch. 209.
Abandoned vehicles — See Ch. 309.
[1]
Editor's Note: The provisions of this chapter are derived from
Ch. 8, Art. 3, of the former Revised Ordinances, adopted 11-21-72 as Ord.
No. 659.
As used in this chapter, the following words 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 shop.
Any building within the borough in which junk is placed, collected,
stored or kept.
Any lot or land within the borough 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 junk dealer within the borough
without first having obtained a license therefor in accordance with the provisions
of this chapter.
A.
Every person desiring to obtain a license under this
chapter shall make an application to the Borough Clerk stating:
(1)
The name and residence of the applicant.
(2)
The location of premises where it is proposed to establish
a junk shop or junkyard, including a full description of such premises and
buildings thereon.
(3)
A statement as to whether the applicant is the owner
or lessee of the premises.
(4)
A description of the classes of material proposed to
be stored on the premises.
B.
Each application shall be accompanied by the whole annual license fee as set forth in § 204-6. In the event that the license is refused, the entire license fee shall be returned to the applicant.
C.
The applicant shall file a copy of the application with
the Building Inspector and the Chief of the Fire Prevention Bureau.
Upon receipt of said application:
B.
The Building Inspector and the Chief of the Fire Prevention
Bureau shall each make or cause to be made an inspection of the premises to
be licensed. Within 45 days after receipt of the application, the Building
Inspector and the Chief of the Fire Prevention Bureau shall each prepare a
report stating their respective findings and, among other things, the conclusions
of the respective officials as to whether the storing of junk at the proposed
premises would constitute a hazardous condition.
A.
The Borough Clerk shall present his report to the Mayor
and Council, together with the reports of the Building Inspector and the Chief
of the Fire Prevention Bureau.
B.
If the Building Inspector, the Chief of the Fire Prevention
Bureau, or both, shall determine that the operation of a junk shop or junkyard
at the premises proposed would constitute a hazard or if the Borough Clerk
shall find the application irregular, the Clerk shall so inform the Mayor
and Council.
C.
If the Mayor and Council shall deny the application for
a license, the Mayor and Council shall notify the applicant, who, upon said
notification, may apply for a hearing on such application before the Mayor
and Council.
The license fee hereunder is as set forth in Chapter 169, Fees. This established license fee is for revenue purposes only.
All licenses issued under the provisions of this chapter shall be for
a term of one year, commencing on January 1 and expiring on December 31 of
the year of their issuance.
No license shall be granted by the Council:
A.
If the applicant has been convicted of the crime of larceny
or receiving stolen property or convicted of any crime involving moral turpitude:
B.
Until the applicant files with the Borough Clerk a surety
bond of a surety company authorized to do business under the laws of the State
of New Jersey, in the sum of $2,000 and in a form satisfactory to the borough.
The surety bond shall be conditioned upon the faithful compliance with all
the regulations of this chapter and the lawful conduct of the licensed business;
C.
If the storage of junk at the proposed premises would
constitute a fire or safety hazard:
D.
Unless the applicant agrees to make a daily report to
the Police Department of the borough of all purchases made, from whom such
purchases are made and also such further information with respect to such
purchases as the Chief of Police might reasonably require for police matters;
or
Each lot, or any part thereof, licensed as a junkyard shall, throughout
the entire term of the license, be enclosed by a wall or solid board fence
not less than eight feet in height, constructed in such manner that the interior
of the yard and its contents shall not be visible from the outside.
No premises shall be licensed under this chapter unless said premises
conform to the provisions of the Zoning Ordinances of the borough.[1]
The license shall not be transferable to any other location, nor shall
said license be assigned or transferred to any other person.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $1,000 or by imprisonment for
a term not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
