City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 5 of Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 261.
Hawking and peddling — See Ch. 265.
Licensed businesses — See Ch. 303.
Zoning — See Ch. 461.

§ 289-1 Purpose.

The purpose of this chapter is to raise revenue and to regulate the businesses referred to in this chapter.

§ 289-2 Definitions.

[Amended 10-15-1963 by Ord. No. 3524]
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Any waste or discarded material, old lumber or materials obtained from dismantled buildings, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, unregistered motor vehicles which are unfit for reconditioning for sale for highway transportation, used parts of motor vehicles and any material acquired or collected commercially and commonly known as "junk" in the ordinary meaning of the word.
JUNK DEALER
A junk shop or junkyard keeper who also uses or intends using one or more vehicles for the purpose of buying, collecting or otherwise acquiring junk for commercial purposes and placing, collecting or storing same in his junkyard or junk shop.
JUNK PEDDLER
Any person who uses or intends using or authorizing the use of any vehicle in the City for the purpose of engaging in the business of buying or selling or collecting junk, old rope, old bottles, old iron, brass, tin, copper, lead or other metals or any discarded material of any kind, and not having a fixed place of business within the City for the aforesaid purposes, but the definition of "junk peddler" as used in this chapter shall not be deemed to include a person who engages in the business in the City only of selling junk directly and exclusively to junk dealers.
JUNK SHOP
Any building within the City in which junk is placed, collected, stored or kept.
JUNKYARD
Any lot of land within the City on which junk is placed, collected, stored or kept.
VEHICLE
Any cart, wagon, truck or other vehicle.

§ 289-3 License and identification card required.

[Amended 10-15-1963 by Ord. No. 3524]
A. 
It shall be unlawful for any person to keep, maintain or operate a junkyard or junk shop or to engage in the business of a junk dealer or junk peddler within the limits of the City without first having obtained a license or permit therefor, as the case may be, in accordance with the provisions of this chapter.
B. 
It shall be unlawful for any person to engage in the business of a junk peddler or to act as an agent, servant, employee or representative with authority to drive or operate a vehicle for the purpose of buying, collecting or otherwise acquiring junk for or on behalf of a junk peddler within the limits of the City without first having obtained an identification card therefor, in accordance with the provisions of this chapter. Such identification card shall contain a physical description and photograph of the applicant and holder thereof.

§ 289-4 Application for license.

[Amended 11-14-1966 by Ord. No. 3728]
A. 
Any person desiring a license for a junkyard or junk shop shall file with the City Clerk an original and four copies of an application, under oath, in writing, on a form furnished by the City Clerk.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.); in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
(7) 
The length of time that the applicant or, if the applicant is a firm or corporation, the length of time that the manager or person in charge has been a resident of the City and his place of previous employment.
(8) 
The detailed nature of the business to be conducted.
(9) 
The location of said business as shown upon a detailed and suitable map thereof accompanying and attached to the application. The map shall be made according to scale and certified by a licensed land surveyor. The map shall show the premises sought to be licensed, the existing or proposed buildings and fences and their location, the size, height and entrance of all buildings, the type of construction of buildings, and a description of the equipment.
(10) 
As to any existing or proposed fences:
(a) 
The kind of material in the existing or proposed fence.
(b) 
The height of the fence when erected.
(c) 
The manner of construction of the fence.
(d) 
Whether the fence will be constructed around all boundaries of the property and, if not, the reasons therefor.
(11) 
If the applicant is not the owner of the site where the licensed business is to be conducted, the owner's consent to the conduct of said business shall be endorsed to the application.
C. 
Each application for a junkyard or junk shop license shall contain an agreement that the applicant accepts the license to be granted upon the condition that:
(1) 
It may be suspended or revoked for cause at any time by the Council.
(2) 
Such license shall not be renewable if during the license year the principal business conducted on said premises shall be other than that specified in such license.

§ 289-5 Investigation of applicant; notice of hearing.

[Added 11-14-1966 by Ord. No. 3728]
A. 
Upon receipt of such application, the City Clerk shall submit the same to the Police Department, Fire Public Safety Department, Building Department and Health Department for reports with reference to the compliance or noncompliance of the proposed establishment with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application.
[Amended 4-6-1971 by Ord. No. 4037-71]
B. 
Upon return of said application and reports, the City Clerk shall set a date for a hearing to be held by the Municipal Council on the application, shall notify the applicant of such date and shall submit said application and reports to the Municipal Council at the time of such hearing.

§ 289-6 Service of notice of hearing.

[Added 11-14-1966 by Ord. No. 3728]
A. 
The applicant for a junkyard or junk shop license shall, at least five days prior to the time appointed for hearing on the application, give notice of such hearing to all property owners within 200 feet of the property lines of the junkyard or junk shop proposed to be licensed. Upon the hearing, any party may appear or be heard in person or by agent or by attorney.
B. 
Compliance with the notice and hearing requirements of Subsection A of this section shall not be required for any renewal application for a junkyard or junk shop license where the renewal application covers the same premises as the premises described in the expired or expiring license and the applicant is the holder of the expired or expiring license; provided, however, that, after the expiration of a license for a period of more than one year, an application by the same holder and for the same premises shall not be deemed a renewal application within the meaning of this subsection, and that an application for the extension or enlargement of any junkyard or junk shop previously licensed shall not be deemed a renewal application within the meaning of this subsection.
C. 
If the property owners described in this section are the occupants of the property affected by such application or are residents of the City, then such notice referred to in this section shall be served either by handing a copy thereof to said property owners or by leaving a copy thereof at the usual place of abode. Service upon a partnership or a corporate property owner shall be deemed complete upon service of the notice upon any partner or corporate officer. If said property owners are nonresidents of the City, said notice may be served by mailing said written notice by registered or certified mail to the last known address of the property owner as shown by the most recent City's tax lists.
D. 
The applicant shall by affidavit present satisfactory proof to the Council, at least three days prior to the hearing, that said notices have been duly served.

§ 289-7 Issuance of license.

[Added 11-14-1966 by Ord. No. 3728]
A. 
After such hearing, the Municipal Council shall vote on whether to grant its consent and approval to the issuance of such license.
B. 
Upon the consent and approval of the Municipal Council, the City Clerk shall issue such license.

§ 289-8 Prerequisites for issuance of license.

[Amended 10-2-1962 by Ord. No. 3456; 4-7-1964 by Ord. No. 3564; 11-14-1966 by Ord. No. 3728; 3-21-1972 by Ord. No. 4097-72]
A. 
No premises shall be licensed for a junkyard or junk shop unless said premises conform to the provisions of the zoning ordinances of the City.
B. 
No junkyard licenses shall be issued unless and until the number of such licenses issued and outstanding is less than four, it being the intent of this subsection that no more than four junkyard licenses shall be issued and outstanding at the same time; provided, however, that the restriction of this Subsection B shall not apply to renewal of licenses issued and outstanding on March 17, 1964.
C. 
No license shall be granted if the applicant:
(1) 
Is indebted to the City for taxes;
(2) 
Has been convicted of the crime of larceny or receiving stolen goods; or
(3) 
If there are due any taxes upon the premises for which the license is sought.

§ 289-9 License fee; term of license.

[Amended 4-7-1987 by Ord. No. 5147-87; 6-18-1991 by Ord. No. 5508-91; 1-2-2008 by Ord. No. 6711-08]
The fee for an annual junkyard or junk shop license issued under this chapter and for annual renewals thereof shall be $500. The license shall be effective from the date of issuance to and including December 31 of the year in which issued.

§ 289-10 Nontransferability of license.

The grant of a junkyard or junk shop license shall authorize the licensee to keep, maintain or operate a junkyard or junk shop, as the case may be, only at the place and within the area specified in the license, and in connection therewith to engage in the business of junk dealer subject to the provisions of § 289-11. The license shall not be transferable to any other location, nor shall said license be assignable, transferable or divisible in any manner.

§ 289-11 Junk dealer's vehicle permit and sticker, decal or other evidence required.

[Amended 10-15-1963 by Ord. No. 3524; 11-14-1966 by Ord. No. 3728]
A. 
Every junk dealer shall be required to obtain a junk dealer's vehicle permit and sticker, decal or other evidence corresponding to the number of the license for each and every vehicle which he uses and operates for the purpose of buying, collecting or otherwise acquiring junk. Such permit shall be effective from the date of issuance to and including December 31 of the year of its issuance. The sticker, decal or other evidence shall bear the number of the permit and shall be affixed to and remain on one side of said vehicle.
[Amended 9-6-1988 by Ord. No. 5291-88]
B. 
The application for a junk dealer's vehicle permit shall be made to the City Clerk upon forms furnished by said Clerk and shall be accompanied by a permit fee of $5 and a sticker or decal fee of $5 for each vehicle; provided, however, that for the first vehicle, the City Clerk shall issue a permit and sticker or decal without any fee whatsoever.
[Amended 9-6-1988 by Ord. No. 5291-88; 1-5-2009 by Ord. No. 6788-09]
C. 
The junk dealer to whom the junk dealer's vehicle permit has been issued shall cause to be painted on the outside of such vehicle the name of the junk dealer in full, and the street and number of his place of business in plain letters. Each letter shall be not less than three inches high. Where available space for lettering is limited, either by the design of the vehicle or by the presence of other legally specified identification markings, making a strict compliance herewith impractical, the size of the lettering required by this section shall be as close to three inches high as is possible, within the limited space area, provided that the name and address are clearly visible and readily identifiable.
D. 
In the event that the applicant for a junk dealer vehicle permit referred to in Subsection A of this section is a corporation, then every officer and director of the corporation shall, for the purposes of this section, be considered an applicant. Shareholders having more than five-percent interest in the corporation shall be considered officers for the purpose of this section.

§ 289-12 Junk peddler's vehicle permit and sticker, decal or other evidence required.

[Amended 10-15-1963 by Ord. No. 3524; 11-14-1966 by Ord. No. 3728; 10-21-1975 by Ord. No. 4301-75; 1-20-1976 by Ord. No. 4315-76]
A. 
Every junk peddler shall be required to obtain from the City Clerk a junk peddler's vehicle permit and sticker, decal or other evidence corresponding to the number of the license for each and every vehicle which he uses and operates in connection with said business. Every junk peddler and each and every person who shall act as an agent, servant, employee or representative with authority to use and operate a vehicle in connection with said business shall be required to obtain an identification card, which shall be issued by the Police Department of the City. Such permit and identification card shall be effective from the date of its issuance. The sticker, decal or other evidence shall bear the number of the permit and shall be affixed to and remain on one side of said vehicle. The identification card shall be carried by the junk peddler or such agent, servant, employee or representative acting for or on behalf of a junk peddler while said person is engaged in said business.
[Amended 9-6-1988 by Ord. No. 5291-88]
B. 
The application for a junk peddler's vehicle permit shall be made to the City Clerk upon forms furnished by said Clerk and shall be accompanied by a permit fee of $20 and a sticker or decal fee of $5 for each vehicle. In addition to these fees, the applicant for a junk peddler's vehicle permit shall be required to pay a fee of $10 for the first application only, for the purpose of defraying costs of processing the application.
[Amended 1-4-1983 by Ord. No. 4775-83; 9-6-1988 by Ord. No. 5291-88]
C. 
The junk peddler to whom the junk peddler's vehicle permit has been issued shall cause to be painted on the outside of such vehicle the name of the junk peddler in full and the street and number of his place of residence in plain letters. Each letter shall be not less than three inches high. Where available space for lettering is limited, either by the design of the vehicle or by the presence of other legally specified identification markings, making a strict compliance herewith impractical, the size of the lettering required by this subsection shall be as close to three inches high as is possible, within the limited space area, provided that the name and address are clearly visible and readily identifiable.
D. 
All applicants for junk peddler identification cards under this section shall be fingerprinted and photographed by the Police Department of the City. The Chief of Police shall cause an investigation to be made of each applicant, which investigation shall include the records on file with the City, the New Jersey State Police and the Federal Bureau of Investigation, to determine whether or not said applicant has ever been convicted of a crime. Upon completion of his investigation, the Chief shall return the application to the City Clerk, together with a report of his investigation, indicating thereon his approval or disapproval of the application. The City Clerk shall present same to the Council for approval or disapproval.
E. 
In the event that the applicant for a junk peddler's vehicle permit referred to in Subsection A of this section is a corporation, then every officer and director of the corporation shall, for the purposes of this section, be considered an applicant for a junk peddler vehicle permit. Shareholders having more than a five-percent interest in the corporation shall be considered officers for the purposes of this section.

§ 289-13 Vehicle permit and identification card to be carried by driver.

[Amended 10-15-1963 by Ord. No. 3524]
A. 
Every person engaged in drawing or driving any vehicle for which a junk dealer's or junk peddler's vehicle permit has been issued shall carry the vehicle permit with him when so engaged and shall exhibit the same on demand to any police officer of the City.
B. 
Every person engaged in the business of a junk peddler or who acts as an agent, servant, employee or representative with authority to drive or operate a vehicle in connection with said business, for or on behalf of a junk peddler and to whom it is required that an identification card be issued in accordance with the provisions of this chapter, shall carry such identification card with him when so engaged and shall exhibit the same on demand of any police officer of the City.

§ 289-14 Junkyards to be enclosed.

Each lot, or any part thereof, licensed as a junkyard shall be enclosed by a wall or solid board fence not less than eight feet in height, constructed in such a manner that the interior of the yard and its contents shall not be visible from the outside. Such wall or fence shall be set back at least 20 feet from any street or highway upon which the premises abut. In no event shall the wall or fence be erected closer to the street or highway than the setback line for buildings established, by ordinance, for such street or highway.

§ 289-15 Promulgation of additional rules.

All junkyard or junk shop licenses issued under this chapter shall be subject to such reasonable rules as may be made by resolution, from time to time, by the Council, for the proper operation and regulation of the place of business named in such license.

§ 289-16 Purchase from underage persons prohibited.

No person holding a license or a permit issued under this chapter, nor his agents, servants or employees, shall purchase any goods, articles or merchandise or motor vehicles or motor vehicle parts from any person under the age of 18 years.

§ 289-17 Book of purchases to be kept.

Every junkyard or junk shop licensee under this chapter shall provide and keep a book in which shall be written at the time of each purchase a description of the articles purchased, the name and residence of the person from whom the purchase was made and the date of purchase. The book shall, at all reasonable times, be open to inspection by the City Manager, the Chief of Police or any person who shall be duly authorized in writing for that purpose by either of them, and who shall exhibit such written authority to the licensee.[1]
[1]
Editor's Note: Original Section 10-79, Motor vehicle and engine serial numbers; report to police, which immediately followed this section, was repealed 7-17-1962 by Ord. No. 3446.

§ 289-18 Inspections of premises.

All premises licensed for a junkyard or junk shop shall be subject to inspection at all times by the members of the Police Department or other representatives of the City.

§ 289-19 Merchandise prohibited on streets and sidewalks.

No junkyard or junk shop licensee shall place or cause to be placed any goods, articles, merchandise or motor vehicles on the sidewalk or any part thereof, or on or above the fence, or between the fence and the sidewalk, or between any building and the sidewalk. Such licensee shall not use the street for the storage, repair or sale of said goods, articles, merchandise or motor vehicles.

§ 289-20 Premises to be maintained.

The premises licensed for a junkyard or junk shop shall at all times be maintained in a safe and sightly manner with due regard for the public health and safety of persons on the property in the vicinity in which the licensed premises are located.

§ 289-21 State license fees to be deposited with City.

When any person desires to obtain a license from the Director of the Division of Motor Vehicles for a motor vehicle junk business or motor vehicle junkyard pursuant to Chapter 11 of Title 39 of the Revised Statutes of New Jersey, and the amendments thereof and supplements thereto (N.J.S.A. 39:11-1 et seq.), such person shall deposit with the City the fees provided for in N.J.S.A. 39:11-8 and shall comply with all the provisions of said statute; provided, however, that nothing in this section and chapter shall be construed as exempting any person licensed under this chapter for a junkyard or junk shop, whether or not said licensee is also licensed by the state, from paying the annual license fee provided for by § 289-9 of this chapter.

§ 289-22 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.