[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 5-25-1989 by Ord. No. 1151 (Ch.
118 of the 1982 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of licenses issued for the operation of a junkyard.
It shall be unlawful for any person, firm or
corporation to maintain, operate or conduct a junk shop or junkyard
in or upon which junk, as hereinafter described, shall be purchased,
sold, stored, repaired, renovated or restored, within the Borough
of South Plainfield, without first having obtained a license for such
purpose, as hereinafter provided.
For the purpose of this chapter, the following
definitions are hereby established:
An area, covered or uncovered, used for the purpose of buying,
selling, exchanging or storing old or secondhand metals, bottles,
glassware, tinware, paper, lumber, plumbing fixtures, dismantled or
inoperative automobiles or any other thing which is no longer used
or usable for its intended purpose, but which may have value because
of the parts or materials it contains.
All applications for licenses shall be made
to the Borough Clerk on forms provided by him and shall contain the
following information:
A.
The name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent and the names and addresses of all shareholders.
B.
A detailed description of where the license is to
be used; address, block and lot number; and a site map showing buildings,
equipment being utilized and storage areas. The map will also include
all measurements of said property.
C.
If vehicles are to be used in the operation of said
junkyard, a description of the vehicles along with serial number and
license plate number.
D.
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
E.
The days of the week and the hours of the day during
which the junkyard will be in operation.
F.
A description of the nature of the business and the
goods, property or services to be sold, provided or purchased.
G.
A statement as to whether the applicant has been convicted
of any crime or violation of any Borough ordinance other than traffic
offenses and, if he has, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed. If the applicant
is a corporation, the foregoing shall be provided on all officers
of said corporation.
H.
Applications by partnerships shall be signed by all
partners with the information required by this subsection supplied
in detail as to each partner, and the applications of corporations
shall have attached individual statements containing all the information
required by this subsection relating to each employee or agent who
shall engage in the license activity and shall be signed by each employee
or agent.
Each application shall be referred to the Chief
of Police or a Police Officer designated by him, who shall immediately
institute whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as he considers necessary for the protection of the public. He shall
communicate his findings, in writing, to the Borough Clerk within
a reasonable time after the application has been filed. If the investigator
determines that the applicant's character, ability or business responsibility
is unsatisfactory or that the products, services or activity are not
free from fraud, he shall recommend the disapproval of the application,
and the Clerk shall refuse to issue the license and shall so notify
the applicant. Otherwise, the Clerk shall issue the license immediately,
provided that the required license fees and previous year's taxes
have been paid and that the Mayor and Council have voted to approve
said junkyard license.
The Mayor and Council restricts the number of
such premises to be licensed within the Borough of South Plainfield
to not more than three and, further, may impose such reasonable regulations
and rules with regard to said business so to be conducted, not contrary
to law, as the Mayor and Council may deem necessary and proper for
the preservation of public health, safety and welfare of the Borough
and its inhabitants and as may be necessary to carry into effect the
powers and duties conferred and imposed upon the Borough by law.
The Borough Clerk shall keep a record of all
licenses issued and applications filed under this chapter. It shall
also indicate the amount of the fee paid for each license, the date
upon which payment was received, the date of the issuance of the license,
whether the license is a new license or a renewal and any other information
which the Mayor and Council may require by resolution.
The license shall be prominently displayed at
the location, where it is visible to the public and law enforcement
authorities.
Each license shall apply only to the person
to whom it was issued and shall not be transferable to another person.
The license may not be transferred to another location, unless approved
by the Mayor and Council and then only after all provisions of this
chapter and subsection have been complied with. (By "person" is meant
an individual, corporation or general or limited partnership).
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for renewal of licenses shall be made not later than
December 1 of the year of issue.
B.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest
month. Any period of time greater than 1/2 of a month shall be considered
a full month for this purpose.
A.
None of the secondhand materials, the purchase, sale,
exchange or storage of which is regulated in this section, shall be
kept on any sidewalk or street of the Borough or outside the fence
required to be erected in front of the place of business.
B.
It shall be unlawful for any licenses to permit any
of the secondhand materials, the purchase, sale or exchange or storage
of which is regulated in this section, to be placed upon the licensed
premises in a manner which permits rainwater to collect and remain
in and about the premises.
C.
It shall be unlawful for any licensee to stock, pile
or place any secondhand materials upon the licensed premises in such
manner as to create a fire hazard or to create a place for the harboring
or breeding of rats, mice or vermin.
D.
It shall be unlawful for any licensee to cause any
secondhand materials which may be inflammable to be destroyed by burning,
either on the premises or at any other place within the Borough.
E.
Any license may be revoked by the Council for good
cause shown after five days' notice to the licensee, in writing, and
a hearing of the charges presented, and no license so revoked shall
be reissued except for good and sufficient reasons shown.
Any license issued for the operation of a junkyard
by the Borough may be revoked by the Mayor and Council after notice
and a hearing for any of the following reasons:
A.
Fraud or misrepresentation in any application for
a permit or license.
B.
Fraud or misrepresentation or other dishonesty in
conduct of the licensed activity. This shall include the gathering
of persons of unsavory character, illegal gambling or conduct which
would violate the laws of the State of New Jersey or the ordinances
of the Borough of South Plainfield.
C.
A violation of any provision of this code.
D.
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
E.
Conduct of the licensed activity, whether by the licensee
himself or his agents or employees, in an unlawful manner or in a
manner that constitutes a breach of the peace or a menace to the public
health, safety or general welfare.
Notice of a hearing for the revocation of a
license or permit shall be given, in writing, by the Borough Clerk.
The notice shall specifically set forth the grounds upon which the
proposed revocation is based and the time and place of the hearing.
It shall be served by mailing a copy to the licensee at his last known
address by certified mail, return receipt requested, at least five
days prior to the date set for the hearing.
At the hearing the licensee shall have the right
to appear and be heard, to be represented by an attorney, to present
witnesses in his own behalf, to cross-examine opposing witnesses and
to have a permanent record made of the proceedings at his own expense.
The Council shall revoke or suspend the license if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
The Mayor and Council may issue another license
to a person whose license has been revoked or denied if, after hearing,
they are satisfied by clear and convincing evidence that the acts
which led to the revocation or denial will not occur again; otherwise,
no person whose license has been revoked or denied, nor any person
acting for him, directly or indirectly, shall be issued another license
to carry on the same activity.
Before any application for a license to conduct
said business shall be accepted by the Borough Clerk, there shall
be presented to him at the time of the making of said application
a paid tax bill or a certification by the Tax Collector of the Borough
of South Plainfield, indicating that real estate taxes due from such
applicant or owner of the real estate for the licensed premises for
the year preceding the year for which the new license is sought have
been paid.
All persons, firms or corporations receiving
such license or licenses shall pay to the Borough of South Plainfield
an annual fee as follows:
All junkyards shall be enclosed by a solid wall
or fence at least eight feet in height, so constructed that the interior
of the junkyard shall not be visible from a public street. The wall
or fence shall be painted white, dark green or a similar color and
shall be kept in good repair. It shall contain no more than two entrances
or exits, each not less than 15 feet nor more than 20 feet wide. In
place of a wall or fence, a junkyard may be screened by a planting
of dense evergreen screening. In that case, the junkyard shall also
be enclosed by a cyclone or chain link fence, erected inside the screening
and sufficient to prevent unauthorized persons from gaining entrance.
No secondhand materials, the purchase, sale, exchange or storage of
which is regulated in this section, shall be piled or placed so as
to be visible above the fence. Any advertisement placed or printed
on the fence shall be confined solely to the advertisement of the
licensee's business.
No licensee or his agent shall knowingly buy,
sell, receive, dispose of, conceal or have in his possession any motor
vehicle from which the manufacturer's serial number or any other number
or identification mark has been removed, defaced, altered, covered
or destroyed for the purpose of concealing the identity of such vehicle.
The Mayor or any member of the Council, Board
of Health, the Health Officer, the Chief of Police or any authorized
agent of the Borough shall have the right at any and all reasonable
times to inspect any or all parts of the licensed premises.
It shall be unlawful for the operators or licensees
of junkyards to, in the operation of the junkyard, stack junked automobiles
one on top of the other.
It shall be unlawful for any licensee to operate
junkyard premises when such operation would be in direct violation
of the Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and
the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11 et seq.)
and any amendments or supplements thereto.
The Council may, by resolution, make rules and
regulations which interpret or amplify any provision of this chapter
or for the purpose of administering or making more effective the provisions
of this chapter. No regulation shall be inconsistent with, alter or
amend any provision of this chapter, and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
Any person, firm or corporation who shall violate
or fail to comply with any order or regulation made hereunder shall
severally, for each and every violation and noncompliance, forfeit
and pay a penalty not to exceed the sum of $1,000 or be imprisoned
in the Middlesex County Jail for a period of not more than six months,
or both. The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue; such violation
shall be remedied within a reasonable time, and each 10 days that
such violation is permitted to exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
