[HISTORY: Adopted by the Township Committee of the Township
of Ocean 6-11-2015 by Ord. No.
2015-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 215.
Peddling and soliciting — See Ch. 273.
Secondhand dealers — See Ch. 289.
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 290 but was renumbered to maintain the organization of the
Code.
A.
The purpose and intent of this chapter is to assist law enforcement
officials and victims of crime in recovering scrap metal by requiring
minimum identification, reporting, maintenance, and distribution criteria
for licensed dealers in these goods.
B.
No person shall use, exercise, or carry on the business, trade, or
occupation of the buying, selling, or pawning of scrap metal without
complying with the requirements of this chapter in the exact manner
described herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another
U.S. state, a valid United States passport, or other verifiable U.S.
government-issued identification, which will be recorded on the receipt
retained by the dealer and subsequently forwarded to the local Police
Department on request.
Any computer equipment, peripherals or other electronic equipment
and/or components required to access, input information into or query
the electronic database system designated by the Chief of Police.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
a scrap metal business involving the buying and/or selling of scrap
metal as defined herein, including itinerant businesses, and transient
buyers as defined herein.
Any scrap metal dealer who conducts business intermittently
within the municipality or at varying locations.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which scrap metal is purchased or pawned.
Used, discarded, or previously owned items that consist predominantly
of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel,
or alloys.
A commercial establishment which, as one of its principal
business purposes, purchases scrap metal for purposes of resale or
processing, including transient buyers of scrap metal and itinerant
businesses, as defined herein.
A member of the public who sells scrap metal to a dealer.
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133.
An operator of a scrap metal business, as defined herein,
who has not been in the scrap metal business continuously for at least
six months at any address in the municipality where the dealer is
required to register or who intends to close out or discontinue the
scrap metal business within six months.
No person, partnership, limited liability company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly person's offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in § 287-9.
A.
Upon receipt of an application completed pursuant to this chapter,
the Township Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this chapter, for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to, the following:
(1)
The experience of the applicant in the business of purchase and sale
of scrap metal, although nothing in this section shall be construed
to warrant denial of a license solely on the basis of lack of experience;
(2)
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
(3)
Any criminal record of the applicant, including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
(4)
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by § 287-6D of this chapter will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required under § 287-6A.
B.
The Chief of Police shall complete any investigation pursuant to
this chapter within 30 days of the submission of the application to
the Township Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license, subject to the finding regarding
criminal record.
C.
The Chief of Police shall, upon completion of the investigation,
recommend grant or denial of the license to the Township Clerk, who
shall grant or deny the license. Any recommendation of the Chief of
Police shall be in writing and, in the case of a recommendation of
denial, shall state fully and specifically the reasons for said recommendation.
If the Township Clerk accepts the recommendation of the Chief of Police
to deny any license, the applicant shall be notified in writing within
10 days of such denial, and the Clerk shall forward to the applicant
a statement of the reason or reasons for such denial.
D.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s); disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact or after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in § 287-5, the retention and inspection requirements of § 287-6, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Township Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by § 287-7 of this chapter.
E.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a scrap metal business.
F.
No license shall be assignable by the dealer.
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
A.
Require of each member of the public selling scrap metal acceptable identification as defined above in § 287-2.
B.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification:
"My signature confirms that I am the sole legal owner of and
am legally authorized to sell the goods being sold. By signing below
I certify that I did not obtain and do not possess the identified
goods through unlawful means. I am the full age of 18 years, and the
identification presented is valid and correct."
C.
Record and issue to each person selling scrap metal on a sequentially
numbered receipt:
(1)
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
(2)
The name, address, date of birth, and telephone number of the seller
or sellers;
(3)
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
(4)
A photographed recording of the seller's presented acceptable identification, as set forth in § 287-2, in a format acceptable to the Chief of Police;
(5)
A photographed recording of all items sold in a format acceptable
to the Chief of Police;
(6)
The receipt number;
(7)
A full description of the item(s) purchased, including but not limited
to the manufacturer, type, amount, form, model, any identifying marks,
numbers, dates, sizes, shapes, initials, monograms, and serial numbers;
(8)
The price paid for the item(s);
(9)
The make, model and license plate of the motor vehicle delivering
the scrap metal;
(10)
The time and date of the transaction.
D.
The information outlined in Subsection C above must additionally be documented through the use of an electronic database software system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this chapter, and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of his or her duty as set forth in Subsection F below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase. The information entered must contain all pertinent information outlined in Subsection C above.
E.
In the event of a database failure, or a dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection C above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so, including revocation of the dealer's license as described in § 287-6.
F.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in § 287-6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where records and articles will be stored.
G.
For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle, and the license plate of the motor vehicle must be recorded as provided in Subsection C above.
H.
No scrap metal business shall, except as provided in Subsection I below, purchase:
(1)
Any metal marked with identification of a telephone, cable, electric,
water, other public utility, or other government entity;
(2)
Any utility access or water meter cover;
(3)
Any streetlight pole or fixture;
(4)
Any road or bridge guardrail;
(5)
Any highway or street sign, traffic directional or control sign,
or light signal;
(6)
Any metal beer keg that is clearly marked as being the property of
the beer manufacturer;
(7)
Any historical marker, grave marker, or burial vase;
(8)
Any central air conditioner evaporator coils or condensers or catalytic
converters that are not attached to a vehicle; or
(9)
Any metal bleachers or benches.
I.
The provisions of Subsection H shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
A.
All scrap metal purchased by a dealer in a reportable transaction is to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in § 287-5. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased scrap metal is being held.
B.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by § 287-5B upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the victim of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
C.
If market conditions would create a hardship on the dealer by holding
scrap metal for such period, the dealer may present the property to
the Chief of Police in order that it may be photographed, and, if
deemed necessary by the Chief of Police, an investigation may be implemented.
The Chief of Police shall have the authority to grant the dealer a
waiver of the requirement under this section.
D.
In addition to all other reporting requirements, every dealer shall maintain, for at least five years, a written record of all purchases of scrap metal in the manner prescribed in § 287-5C.
E.
No dealer shall purchase any item covered by this chapter from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
F.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to § 287-9 of this chapter.
(1)
Grounds for suspension. The following shall constitute grounds for
suspension: violation of any provisions of this chapter, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
(2)
Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal, pursuant to Subsection H. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal in the municipality until reinstatement.
(3)
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection H.
G.
Revocation. A license issued under this chapter may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under § 287-9.
(1)
Grounds for revocation. The following shall constitute grounds for
revocation: a third violation under this chapter; a second violation
under this chapter less than one year after an earlier violation under
this chapter; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any regulations or local ordinances
within this or any jurisdiction.
(2)
Procedure for revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation, and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating a scrap metal business within the municipality.
H.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
I.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
Each dealer covered under this chapter shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A:9-139, and shall be in the penal sum of $10,000, conditioned for
the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this chapter, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this chapter."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
A nonrefundable fee for initial application and license for
an operator of a scrap metal business, as covered under this chapter,
is $300. The annual renewal fee for a license is $250. These fees
are separate from and in addition to any fees the dealer will be required
to pay in relation to the mandatory electronic database system designated
by the Chief of Police, as provided by § 287D of this chapter.
Payments are to be made in the manner directed by the Municipal Clerk.
A license is valid for a one-year period from the date of its issuance.
Violation of any provision of this chapter by any dealer shall, upon conviction thereof, be punished by a fine not exceeding $2,000, or by a term of imprisonment or a period of community service not exceeding 90 days, in addition to a suspension or revocation of the operating license as provided in § 287-6F and G above. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in § 287-6G. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
A.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the scrap metal business shall conform
to the provisions of this chapter within 90 days following the effective
date of this chapter.
B.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
C.
Nothing contained in this chapter is intended to replace any preexisting
statutory requirements governing scrap metal businesses, as in N.J.S.A.
45:28-1 et seq., or any other statutory provision regarding any subject
matter discussed herein.
D.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
