[Amended by Ord. No. 73-64]
It shall be unlawful for any person to keep, maintain or operate
what is commonly known as a "junk shop," "junkyard" or "motor vehicle
junkyard" for the purpose of purchasing, selling, storing old junk,
old rope, old iron, brass, copper, tin, lead and/or other metals,
old auto cars and other abandoned or nonusable vehicles, old bottles,
papers and rags and materials of a similar nature, without first obtaining
a license therefor, in accordance with the provisions of this chapter.
The above definition will not be construed to include used automobiles
or other motor vehicles intended to be sold or exchanged as completely
assembled motor-driven vehicles, but shall be construed to mean the
storage or deposit of one or more unregistered motor vehicles which
are unfit for reconditioning for use for highway transportation or
used parts of motor vehicles or materials which have been a part of
a motor vehicle, the sum of which parts or material shall be equal
in bulk to one or more motor vehicles.
All persons now engaged in or hereafter engaged in the business
of junk shops or junkyards shall from and after the effective date of this chapter
make application to the Borough Clerk for the license. The application
shall be in writing and shall set forth the names and addresses of
all persons engaged in the operation of the business, and if a firm,
corporation or association, the names and addresses of the officers
of the same. The application shall also set forth the principal place
of business and shall describe the premises upon which the business
is to be conducted, giving the street address, the street frontage
and depth. The application shall be accompanied by a license fee hereinafter
set forth. The application shall be approved by the Health Officer,
the Construction Official and the Fire Prevention Bureau of the Borough.
Upon approval of the above, the application shall then be presented
to the Mayor and Council, and if approved by the Mayor and Council,
the Borough Clerk shall issue license, which license shall be effective
from the date of issue to April 30 of the year in which the license
is issued. All renewals of licenses shall be made in the same manner
and shall be effective for one year commencing on May 1.
The license fee shall be $50 per annum or any part thereof.
The license may be revoked at any time by the Mayor and Council
upon good cause of complaint after due notice thereof and a hearing
thereon.
No junk or materials of a similar nature shall be kept on any
sidewalk of the Borough or on the sidewalk in front of the place of
such business of any license.
Any such junk shop or junkyard conducted in open lots shall
be fenced in by a suitable fence.
All gasoline, fuel or other explosive materials shall be drained
and removed from any motor vehicle within 24 hours after it is received
on any premises located in the Borough and the gasoline, fuel or other
explosive material shall either be removed from the premises or kept
in the manner provided for in the Fire Prevention Code.
It shall be unlawful for any junk dealer to permit any vehicle
received on any premises in the Borough to be or remain in the open
in such a manner that rain water shall collect and remain in any of
the parts thereof for a longer period than 24 hours.
All parts of any motor vehicle so designed as to collect and
hold rain water if left exposed in the open shall be housed in a watertight
building with a foundation and floor constructed of concrete, brick
or other suitable material so as to prevent the harboring therein
of rats, mice or vermin.
It shall be unlawful to stack, pile or place parts of motor
vehicles or junk upon premises in such a manner as to create a fire
hazard or to create a place for the harboring or breeding of rats,
mice or vermin.
The Health Officer, the Construction Official and the Fire Prevention
Bureau of the Borough are hereby authorized and directed during reasonable
business hours to make reasonable and periodic inspections of all
of the premises and buildings for the purpose of ascertaining that
the business is being conducted on the licensed premises in accordance
with the provisions hereof and any other applicable ordinances of
the Borough.
[Amended by Ord. No. 192-68]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as established in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Red Bank.