[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.]
The purpose of this chapter is to raise revenue
and to regulate the businesses referred to in this chapter.
[Amended 10-15-1963 by Ord. No. 3524]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
Any building within the City in which junk is placed, collected,
stored or kept.
Any lot of land within the City on which junk is placed,
collected, stored or kept.
Any cart, wagon, truck or other vehicle.
[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.
[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:
(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:
[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.
[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.
[Added 11-14-1966 by Ord. No. 3728]
[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.
[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.
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.
[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.
[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.
[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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
