Township of Elk, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk 6-7-1957. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 100.
Property maintenance — See Ch. 110.

§ 69-1 Definitions.

For the purpose of the application and enforcement of this chapter, the following definitions and any reasonable interpretation thereof not inconsistent with the purpose and intent of this chapter or statutes of the State of New Jersey governing or defining the same are hereby established:
JUNK
Any worn-out and discarded material in general that may be turned to some use; odds and ends; old iron or other metal, glass, paper, cordage or other waste or discarded material which may be treated or prepared so as to be used again in some form; and old rope, chain, iron, copper and parts of machinery, motor vehicles and bottles gathered or bought up by tradesmen called "junk dealers."
JUNK DEALER
Any person, corporation or partnership who or which is engaged in the business or occupation of buying and selling junk, and includes the terms "junk shop keeper" and "motor vehicle junk dealer."
JUNKYARD
The place, lands and premises where or from which a junk dealer conducts his business or occupation and keeps, stores or has thereon or therein any junk, and includes the terms "junk shop" and "motor vehicle junkyard."

§ 69-2 License required.

[Amended 12-2-1976]
It shall be unlawful for any junk dealer to engage in his business or occupation from a junkyard within the limits of the Township of Elk without first having obtained a junkyard license and without complying with the provisions of this chapter.[1]
[1]
Editor's Note: Former Section 201, which immediately followed this section and which provided for a junk dealer's and junk yard licenses, was deleted 12-2-1976.

§ 69-3 Fee; expiration of license.

[Amended 12-2-1976]
The sum of $150 per year shall be charged for a junkyard license. The said license shall expire on December 31 of each year and may be renewed under the provisions of this chapter for additional periods of one year. The aforesaid fee shall be apportioned and prorated if the license is issued after January 15. The said fee is deemed to be necessary for inspection, supervision, public health, fire and police protection and other governmental functions, as well as revenue.[1]
[1]
Editor's Note: Former Section 202A, which immediately preceded this section and set forth the fee for a junk dealer's license, was deleted 12-2-1976.

§ 69-4 Application for license; procedure for issuance.

A. 
All applications for licenses shall be made in writing to the Township Clerk and shall be accompanied by the required fee. Applications for licenses shall set forth therein the name and residence of the applicant, the location from which or at which the applicant will conduct his business or occupation and a description or drawing of the lands and premises, showing the dimensions thereof. If the applicant does not own the said lands and premises, the consent of the owner thereof shall be written thereon or appended thereto for the use thereof for the said business or occupation. All applications shall be submitted in duplicate and shall be signed by the applicant.
B. 
The Township Clerk shall notify the Township Committee of the said application not later than its next regular meeting. If there is a Zoning Ordinance in effect in the Township,[1] the Township Clerk shall send a copy of the application to the Secretary of the Zoning Board of Adjustment, with a request that the said Board investigate the location of the proposed place of business and give its recommendation of approval or disapproval with regards to the same and the reasons therefor to the Township Committee. The Township Committee shall make or order to be made its own investigation with regards to the applicant and proposed location for his business or occupation.
[1]
Editor's Note: See Ch. 96, Unified Development.
C. 
In its investigation the Zoning Board of Adjustment shall be guided by the provisions of the Zoning Ordinance and shall not approve the application if the conduct of the business or occupation of junk dealer or a junkyard at the proposed location is not permitted by the said ordinance, and no license shall be issued if there is a violation thereof.
D. 
If there is no violation of the Zoning Ordinance by the conduct of the business or occupation of a junk dealer or the location of a junkyard at the lands and premises designated, and, after investigation, the Township Committee finds that the provisions of this chapter or any other ordinances of the Township of Elk will not be violated by the conduct of the said business or occupation at the proposed site, the Township Committee shall, by motion or resolution on its books, approve the issuance of a license or licenses to the applicant, at the location or site designated. The Township Clerk shall thereafter issue the license to the applicant, which said license shall contain therein the name and residence of the licensee and a brief but accurate description of the lands and premises from which the licensee will conduct his business or occupation.

§ 69-5 Matters of investigation.

In its investigation of the application for a license under this chapter, the Township Committee shall take the following matters into consideration and report thereon in writing to be attached to the application:
A. 
Whether the applicant has ever been convicted or pleaded guilty, non vult or nolo contendere to a complaint, charge or indictment amounting to a high misdemeanor under the laws of the State of New Jersey.
B. 
Whether the conduct of the said business or occupation of junk dealer at the proposed site or location would be materially injurious to the public health, morals, comfort, prosperity, convenience or otherwise detrimental to the general welfare of Elk Township and its inhabitants.
C. 
Whether the conduct of the said business or occupation of junk dealer at the proposed site or location would produce or be likely to produce a condition materially offensive to the senses of sight, hearing and smell and thus injure the public welfare.
D. 
Whether the said business or occupation cannot be conducted at the proposed site or location in full compliance with the provisions of this chapter.
E. 
Whether the property taxes are in arrears at the time the application is submitted.
[Added 7-1-2010 by Ord. No. O-2010-36]
F. 
Whether the said business or occupation is not in possession of a current and valid certificate of general liability insurance covering the operation and location of said business.
[Added 7-1-2010 by Ord. No. O-2010-36]

§ 69-6 Denial of license.

[Amended 7-1-2010 by Ord. No. O-2010-36]
The Township Committee shall not grant a license to the applicant if, after its investigation, it finds that any of the propositions set forth in § 69-5 are answered in the affirmative.

§ 69-7 Renewals.

[Amended 7-1-2010 by Ord. No. O-2010-36]
A. 
Applications for license renewal shall be submitted 45 days prior to the date established in § 69-3.
B. 
Licenses shall be renewable on January 1 of each year upon application therefor and payment of the fee required, by motion of resolution of the Township Committee. The Township Committee shall have the power to initiate its own investigation on applications for renewals, and if it finds that conditions have changed since the prior investigation held thereon so that any of the propositions in § 69-5 are answered in the affirmative, the application for renewal shall be denied.
C. 
No license renewal shall be granted if property taxes are in arrears
D. 
No license renewal shall be granted if there exists any violations of this chapter.

§ 69-8 Transfer of license.

[Amended 12-2-1976]
Licenses shall be transferable upon the payment of a fee of $150 therefor and approval thereof by the Township Committee. Applications for any transfers shall be filed with the Township Clerk in duplicate, who shall notify the Secretary of the Zoning Board of Adjustment if the transfer is to other lands and premises and the Township Committee not later than its next regular meeting. All such applications shall contain therein:
A. 
The name and residence of both the transferor and transferee.
B. 
If the transferee proposes to conduct his business or occupation at lands and premises other than those of the transferor, a description of the lands and premises where the transferee proposes to conduct his business or occupation.
C. 
If the proposed transfer is that of a junkyard license to other lands and premises, a description of the lands and premises to which the transfer is proposed.
D. 
The consent, signed by the transferor to the proposed transferee.
E. 
The tax i.d. number for the transferee.
[Added 7-1-2010 by Ord. No. O-2010-36]
F. 
A current and valid certificate of insurance for the transferee.
[Added 7-1-2010 by Ord. No. O-2010-36]

§ 69-9 Investigation of proposed transfers.

[Amended 12-2-1976; 7-1-2010 by Ord. No. O-2010-36]
If the transfer proposed is to any other lands and premises than those being used for the said business or occupation, a full investigation as in the granting of a license shall be made. No transfer shall be permitted which will violate the provisions of the Zoning Ordinance[1] or the provisions of § 69-5 of this chapter.
[1]
Editor's Note: See Ch. 96, Unified Development.

§ 69-10 Return of fees.

All fees paid by the applicant for a license or the transfer of a license which is denied by the Township Committee shall be returned.

§ 69-11 Operation of junkyards.

No junk dealer shall operate any junkyard contrary to the following regulations and any regulations pursuant thereto:
A. 
No junk shall be dismantled, stored or stacked within 50 feet of the right-of-way of any public highway, nor within 25 feet of the rear and side lines of any junkyard.
B. 
No junk or refuse shall be ignited and burned within 100 feet of any buildings on adjacent properties or in such a manner as to cause excessive smoke to go onto adjacent properties or public highways and thereby be injurious or dangerous to the public health, safety and welfare.
C. 
A fence at least six feet in height and constructed 50 feet from the right-of-way of any public highway and 25 feet from the rear and side lines of any junkyard, enclosing any such junkyard or any part of the premises used as a junkyard and having a gate which can be secured against unauthorized entry within said fence, shall be built around and surround any junkyard which is within 1,500 feet of any dwelling house not situate on the licensed premises.
D. 
No condition which is a public fire or health hazard or a public nuisance shall be permitted to exist and continue in a junkyard.

§ 69-12 Inspection of junkyards.

All junkyards shall be open to inspection by the Township Committee or any authorized agency or person of the Township of Elk, such as the police, fire officers and the Board of Health, during reasonable hours and at reasonable times.

§ 69-13 Revocation and suspension of license.

A. 
Licenses may be revoked permanently or suspended for any period of time for any violation of the provisions of this chapter including, but not limited to, § 69-5. Any conviction or plea of non vult or nolo contendere to a charge of receiving stolen goods by the holder of a license shall be sufficient cause for suspension, and if the same occurs more than three times, it shall be sufficient cause for permanent revocation.
[Amended 7-1-2010 by Ord. No. O-2010-36]
B. 
The holder of a license shall be given at least 10 days' notice of any proposed revocation or suspension of a license by reason of the violation of any of the provisions of this chapter and the grounds therefor. He shall be entitled to a public hearing upon request, to be held not less than 15 days thereafter. The Township Committee shall preside over any such hearing, hear the evidence and be judge of the facts. The licensee shall be entitled to be represented by counsel and present evidence on his behalf, as shall also the Township. After the hearing, the Township Committee shall have the Clerk record its findings and conclusions of law with regards to the same and any suspension or revocation ordered pursuant thereto.

§ 69-14 Hearings.

Any person aggrieved by an action of the Township Committee granting, denying, transferring or refusing to transfer, renewing or revoking a license under this chapter may file a written request for a hearing before the Township Committee within 30 days after such action has been taken. The Township Clerk shall give notice of a public hearing upon this request, to be held not less than five days after service by mail upon the person requesting the hearing. The Clerk shall also give notice of the hearing to other persons directly interested in the action in question. At such hearing, the Township Committee shall determine whether the granting, denial, transfer, refusal to transfer, renewal or revocation of the license was in accordance with the provisions of this chapter and shall issue written findings of fact, conclusions of law and an order by resolution to carry out its findings and conclusions. These findings of fact and conclusions of law and order shall be included in the minutes of the Township and a copy shall be served upon the parties appearing or represented at the hearing.

§ 69-15 Violations and penalties.

[Amended 12-2-1976; 7-1-2010 by Ord. No. O-2010-36]
A. 
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following:
(1) 
A fine of not less than $50 nor more than $1,250.
(2) 
A period of community service up to but not exceeding 90 days.
(3) 
Any combination of the above.
B. 
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.

§ 69-16 Applicability of provisions.

This chapter shall apply also to any junk dealers who make application to the State of New Jersey pursuant to the provisions of N.J.S.A. 39:11-2 et seq.