[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.
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:
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."
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."
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."
[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.
[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.
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.
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.
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]
[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.
[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.
[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]
[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.
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.
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.
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.
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.
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.
[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:
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.
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.
