[HISTORY: Adopted by the Township Committee of the Township of Deerfield
2-15-1984 by Ord. No. 1984-1 as Ch. 81, Art. III, of the 1984 Code. Amendments
noted where applicable.]
For the purpose of this chapter, the following definitions are hereby
established:
Any secondhand, discarded or unused waste material of any type that
has outlived its usefulness for its original purpose, including iron, metals,
glass, paper, motor vehicles or parts thereof or accessories thereof, such
as auto bodies and the like, and all other materials commonly or generally
known as "junk" in the ordinary meaning of the word, acquired or collected
for commercial purposes, including specifically parts and portions of automobiles
and discarded automobiles and automobile bodies.
Any building within the Township of Deerfield in which junk is stored,
placed, sold or purchased for commercial purposes within the provisions of
this chapter.
Any lands or parcels thereof on which junk is collected or placed
or stored for commercial purposes or for any remuneration whatever.
Any land or building, or both, whereon a junkyard is maintained under
license hereunder, or any junk shop which is licensed or any premises for
which a license is issued to a junk dealer under the provisions of this chapter.
[Amended 7-15-1992 by Ord.
No. 1992-3]
No person or persons, partnership, firm or corporation shall engage
in the business of keeping or maintaining a junk shop, junkyard or similar
space or place, whether enclosed or otherwise, in the Township of Deerfield,
for the purpose of buying and selling, exchanging or storing old rags, bedding,
bones, metals, bottles, glassware, tinware, paper, lumber, plumbing fixtures,
motor vehicles or parts thereof or other used material commonly called "junk,"
without being licensed for that purpose under the terms of this chapter.
A.
Application for such license shall be made to the Township
Committee, in writing, and shall be filed with the Township Clerk, who shall
fix a time for hearing, which hearing shall be held not more than 60 days
after such application is made, provided said hearing may be adjourned by
the Township Committee. The applicant shall, at least five days prior to the
time fixed for hearing, give written notice to all persons owning or occupying
property situate within 1,000 feet of the property for which the application
is made. Such notice shall be given by handing a copy thereof to said persons
or by leaving a copy at the usual place of abode of said persons; provided
that where said persons are nonresidents of the Township of Deerfield, such
notice may be given by registered mail, addressed to the last known address
of said persons as shown on the most recent tax list of the municipality.
Proof of service of notice shall be filed with the Township Clerk at least
two days prior to the hearing.
B.
Application for license shall contain the name and place
of residence of the applicant, name and place of residence of the owner of
the property, place where the junkyard is to be maintained, location of such
property, names and addresses of all persons owning or occupying premises
situate within 1,000 feet of said property, nature of business which applicant
desires to operate and such other information as the Township Committee may
determine by resolution. The required license fee shall be deposited with
the Township Clerk when the application is made. If the application is denied,
no fee shall be returned to the applicant, and all fees deposited with the
Township Clerk shall be paid over to the Township Treasurer.
C.
Subsequent to application for such license to the Township
Committee and during the pendency thereof, the applicant shall comply with
any zoning ordinance or ordinance regulating land use now or hereafter enacted
in the Township of Deerfield[1] in order to obtain necessary approvals required thereunder.
The initial license fee shall be $50 per year or any fraction thereof,
and thereafter the renewal license fee shall be $50 per year or any fraction
thereof. All licenses shall expire December 31 of the year in which the license
is issued.
In the event the premises to be licensed face any public street or are
exposed to public view, any part of such premises which faces a public street
or is exposed to public view shall be enclosed with a solid fence at least
seven feet in height, which fence shall have no advertisements placed thereon;
provided that an application may be approved conditioned upon the erection
of such a fence, but no license shall be issued or effective until the applicant
has complied with this condition. There shall be no advertisements allowed
nor any description or writing on the fence except the owner's name and description
of the character of his business, and such description and writing shall not
exceed an area of six square feet.
A.
No material shall be permitted to be piled or placed
in such a manner as to create a place for harboring or breeding of rats, mice
or vermin.
B.
No motor vehicle shall be dismantled or stored within
100 feet of any dwelling house unless in a garage or enclosed building or
unless such dwelling house is situated on the licensed premises; provided,
however, one automobile belonging to a person residing in a dwelling house
may be dismantled or worked upon without violating these provisions.
C.
All materials shall be so stacked, piled, placed or otherwise
stored a sufficient distance from the side line of the licensed premises as
to prevent the same from falling upon or doing injury to the adjoining premises
or persons lawfully using the same, or other effective means provided to prevent
such injury.
D.
All junk or other materials as specified in this chapter
shall be carted or hauled in tight-bottom wagons or trucks and be covered
in such a manner that it cannot be blown or dropped on the streets of the
Township.
A license issued under this chapter shall authorize the licensee to conduct said business only at the place or location specified in the license, and no license shall be transferred to any other location in the Township. A license issued hereunder shall not be assignable or transferable to any other person, partnership, firm or corporation except upon application in accordance with the provisions of § 116-3A and B of this chapter; provided, however, that for the purpose of transfer or assignment, no notice to property owners is required.
A.
The Township Committee may refuse to license any applicant
for good cause, including:
(1)
Applicant's moral character.
(2)
Applicant's business responsibility.
(3)
Applicant's ability to conduct the desired activities.
(4)
Desirability of the location of the proposed junkyard
in relation to the plans for future development of the Township.
(5)
General welfare of the Township and its inhabitants.
B.
The Township Committee shall refuse to license any applicant
who has been convicted of a crime of larceny or receiving stolen goods or
other crime involving moral turpitude.
C.
Revocation or suspension. Any licensee or any business operated pursuant to a license granted under this chapter shall at all times be subject to reasonable rules and regulations adopted by the Township Committee for proper operation and regulation of such licensee or such business. All licensed premises shall be subject to inspection by the Township Committee or any Township agent appointed for that purpose. Violation of any such rules or regulations or of any other provision may result in the suspension or revocation of the license as provided in § 116-9 and elsewhere.
In addition to or in lieu of the suspension or revocation of the license,
any person, partnership, firm or corporation violating this chapter shall,
upon conviction in the Municipal Court, be liable to pay a fine not exceeding
$500 or be committed to the county jail for a term not exceeding 90 days,
or both.
