[HISTORY: Adopted by the Township Committee
of the Township of West Amwell 12-7-1953. Amendments noted where applicable.]
From and after the passage of this chapter,
it shall be unlawful for any person, firm or corporation to maintain,
operate or conduct a junk shop or junkyard, in or upon which junk,
as hereinafter described, shall be purchased, sold, stored, repaired,
renovated or restored, within the Township of West Amwell, without
first having obtained a license for such purpose, as hereinafter provided.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Includes rags, scrap iron, shavings, borings, old rope, old
iron, brass, copper, tin, lead and other old materials, unregistered
automobile or automobiles which are unfit for reconditioning for sale
for highway transportation, used parts of motor vehicles, old bottles,
glass, lumber, paper, discarded machinery or parts thereof and any
other secondhand articles or used materials and merchandise and such
other articles or things as commonly come within the classification
of "junk."
Any person, firm, association, partnership or
corporation desiring to obtain a license as herein required shall
file with the Township Clerk a written application signed by the applicant
or applicants, which application shall state:
A.
The name and residence of the applicant and, if a
firm, association, partnership or corporation, the name and address
of the officers and the registered agent or partners.
B.
The detailed nature of the business to be conducted
and the classes of material which it is proposed to store therein,
the premises at which it is proposed to establish the business, including
a full description of such premises and whether the applicant owns
the premises or leases them.
Each application shall contain the agreement
that the applicant accepts the license to be granted upon the condition
that it may be suspended or revoked for cause, at any time, by the
Township Committee. Any license issued pursuant to this chapter may
be revoked or suspended for cause by the Township Committee.
The Township Committee may restrict the number
of such licensed premises within the Township and may impose such
reasonable regulations and rules with regard to said business so to
be conducted not contrary to law, as the Township Committee may deem
necessary and proper for the preservation of public health, safety
and welfare of the Township and its inhabitants and as may be necessary
to carry into effect the powers and duties conferred and imposed upon
the Township by law.
If the applicant is not the owner of the site
where the business is to be conducted, the owner's consent to the
conduct of said business shall be endorsed on said application.
The license shall authorize the licensee to
conduct said business at the place specified in the license and shall
not be transferable to another location nor assignable or transferable
in any manner.
Before any application for a license to conduct
said business shall be accepted by the Township Clerk, there shall
be presented to him at the time of the making of said application
a paid tax bill by the Collector of Taxes of said Township of West
Amwell, indicating that said applicant has paid all personal property
taxes due from said applicant for the chattels on the premises for
which a license is sought for the year preceding the year for which
the license is sought; and in addition thereto, a paid tax bill indicating
that all real estate taxes on the property for which a license is
sought have been paid for the year preceding the year for which the
new license is sought.
The Township Committee shall issue all licenses
under this chapter; and they shall be good and valid from the date
of issue until the 31st day of December next after granting the same.
[Amended 5-6-2009 by Ord. No. 13-2009]
All persons, firms or corporations receiving
such license or licenses shall pay to the Township of West Amwell
an annual fee of $100 for each license issued, prorated monthly where
the license should not be issued on January 1.
Every person, firm, partnership or corporation
to whom such license may be issued shall, when engaging in business
within the Township of West Amwell, be in possession of such license
and is hereby required to have such license on exhibition at all times.
The property upon which said business shall
be conducted shall be enclosed by a board fence not less than six
feet nor more than eight feet in height from the ground and so constructed
that no dust or other materials may pass through. Such enclosure shall
be maintained in good condition at all times and shall be kept painted
at all times. There shall be no advertisement of any description on
said fence, except the owner's name and description of the character
of his business. No articles shall be piled so as to protrude above
the height of said fence. Evergreen, privet hedge or other approved
planting fence shall be acceptable.
Any licensee or the person in charge of any
licensed premises, who shall receive or be in possession of any goods,
articles or things which may have been stolen or lost or alleged or
specified to have been stolen or lost shall forthwith, upon demand
to view the same, present the same to the Chief of Police or any other
officer or representative of the Township.
[Amended 5-6-2009 by Ord. No. 13-2009]
Where the owner of any motor vehicle junkyard
has obtained a permit from the Commissioner of Motor Vehicles in accordance
with N.J.S.A. 39:11-3 and/or the amendments and supplements thereto
and the Township Committee has approved of the granting of such license,
the license fee to be paid to the Township shall be the sum of $100
annually, prorated monthly where the license shall not be issued on
January 1, and said license shall expire on December 31 in the year
in which issued.
All goods, articles, merchandise or motor vehicles
must be stored and kept within the enclosed fence above described
and not upon the sidewalk, street or any part thereof.
No licensee or his agent shall knowingly buy,
sell, receive, dispose of, conceal or have in his possession any motor
vehicle from which the manufacturer's serial number or any other number
or identification mark has been removed, defaced, altered, covered
or destroyed for the purpose of concealing the identity of such vehicle.
No licensee, his servant, agent or employee
shall burn any goods, wares, motor vehicles or merchandise upon the
licensed premises; provided, however, that this shall not prohibit
the use of acetylene torches in reconditioning or salvaging any such
goods, wares, motor vehicles or merchandise or parts thereof.
It shall be unlawful for any licensee to stack,
pile or place any of the aforesaid secondhand materials upon the licensed
premises in such manner as to create a fire hazard or to create a
place for the harboring or breeding of rats, mice or vermin.
Any member of the Township Committee, Board
of Health, the Health Officer, the Chief of Police or any authorized
agent of the Township shall have the right at any and all reasonable
times to inspect any or all parts of the licensed premises.
It shall be unlawful for persons to deposit
or leave any abandoned or unlicensed automobile, truck or other automotive
equipment, or any part thereof, or other junk in open fields or upon
other unfenced private property without first obtaining the permission
of the Township Committee or other proper officials and of the owner
of such private property.
[Amended 5-3-1984 by Ord. No. 5-84]
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be subject to a
fine of not less than $100 nor more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof, and each day that any such violation
continues shall be deemed a separate offense and not a continuing
offense.
