[HISTORY: Adopted by the Township Committee of the Township of South Harrison 7-5-1974 by Ord. No. 0-9-74. Amendments noted where applicable.]
Land use and development — See Ch. 90.
No person shall establish, operate or maintain a motor vehicle junkyard or business, or any other junkyard or junk business, nor store, purchase, sell or deal in junk, unless said person shall first obtain a license for such yard, business or storage from the Township Committee.
For the purpose of this chapter, the following definitions are hereby established:
- Any old, discarded or unused waste iron or other metal, or substance, glass, paper, used lumber, rags, machine parts, accessories, discarded machinery or discarded machine parts in whole or in part, unregistered motor vehicles which are unfit for reconditioning or for sale for highway transportation, used parts of motor vehicles and any material commonly known and generally referred to as junk in the ordinary meaning of the word.
- Any lot of land within the Township of South Harrison on which junk is placed, collected, stored or kept.
Every applicant for a license under the provisions of this chapter shall file with the Municipal Clerk of the Township of South Harrison a written application signed by the applicant or applicants, which application shall state:
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.
The detailed nature of the business to be conducted and/or the classes of material which it is proposed to store thereon.
The place where the business or storage is to be located and the present zoning class of said property.
For a business, a plan or survey showing the existing or proposed entrance or entrances to the premises where said business is to be conducted, and the names and addresses of all owners of real estate on both sides of the street or road for a distance of 1,000 feet on each side thereof.
If the applicant is not the owner of the site where the business or storage is to be conducted, the owner's consent to the conduct of the business shall accompany the application.
Type of fence to be constructed around the premises.
Such application shall be accompanied by cash or certified check, payable to the order of the Township of South Harrison, in a sum equaling the whole license fee, which shall be returned in the event that the license is refused.
Each application filed with the Municipal Clerk as herein provided shall be presented by the said Municipal Clerk to the Township Committee at its next regular meeting following the filing of such application, and the Township Committee may act upon any application so presented at such meeting, or at any subsequent meeting to which it shall defer action thereon, and no license shall be issued by the Municipal Clerk until the issuance thereof has been duly approved by resolution adopted by the Township Committee.
All licenses issued pursuant to the provisions of this chapter shall expire at midnight on January 31 next succeeding the date of the issuance thereof, and all persons, firms, associations, partnerships or corporations desiring to continue in such business or storage after the expiration of any license granted hereunder shall make application before January 5 for a new license for the ensuing year and shall pay the license fee in like manner and amount as for the issuance of the original license. No notice or hearing shall be necessary for such renewal.
A separate license shall be obtained for each separate location at which the business of the licensee, or some part thereof, is proposed to be conducted, and the license shall authorize the licensee to conduct the business only at the place specified in the license, and shall be transferable to another location only with the consent of the Township Committee of the Township of South Harrison. Any transfer to another location shall be endorsed upon the original license by the Municipal Clerk of the Township of South Harrison, after the adoption of a resolution by the Township Committee approving such transfer and the payment to the Municipal Clerk of a transfer fee of $500.
The application fee shall be $1,000.
The annual license fee shall be $300 for the conduct of a junkyard business.
No license shall be issued until the applicant shall have established that the proposed business or storage can be operated in accordance with the requirements of this chapter.
Junkyards shall be operated as follows:
No motor vehicle or junk shall be stored or dismantled within 40 feet of any dwelling house, except such dwelling house as may be situated on the licensed premises.
No junk or refuse material shall be burned.
Precaution shall be taken by each licensee hereunder to safeguard all inflammable, combustible or explosive materials from fire and no licensee shall stack, pile or place junk 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.
No junk shall be stacked, piled, placed or stored nearer than 40 feet from the edge of the right-of-way adjacent to the main entrance of the licensed premises, and no junk shall be stacked, piled, placed or stored nearer than 10 feet to the edge of the right-of-way of any other public road.
All yards or places where such businesses are or shall be conducted or where such materials are to be stored or kept, shall be kept from public view by a cyclone-type fence or equal type not less than six feet high. In the event the said fence is not made of a solid material, then the licensee shall restrict the view by the installation of solid material on said fence, or in the alternative the licensee may plant suitable plant or tree coverage, which tree plantings shall be at not greater than six-foot intervals. In the event tree plantings are installed, said tree plantings shall restrict the junkyard from view within one year of the date of said planting. All plantings of trees, shrubs or other plants and fence installations shall be approved by the Building Inspector prior to installation or planting.
Fire lanes shall be maintained on the licensed premises at all times pursuant to the regulations of the Bureau of Fire Prevention or other authorized employees of the Township of South Harrison, including therein all Fire Marshals.
It shall be unlawful to hammer or pound any metals or other materials on said premises between the hours of 7:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays.
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 and no material shall be piled or placed so as to be visible from any adjoining street.
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 any other junk, in open fields or upon other unfenced private property without first obtaining the permission of the Township Committee.
It shall be unlawful for persons to store, keep, or place two or more unlicensed automobiles or two or more automobiles which are unfit for reconditioning for sale for highway transportation upon any property within the Township without first obtaining a junkyard license.
All licensees under this chapter shall at all times be subject to such reasonable rules as may be made from time to time by the Township Committee for the proper operation and regulation of the place of business named in such license.
Any license issued under this chapter may be revoked after five days' notice to the licensee in writing and upon a hearing of the charges presented for any violation of the terms of this chapter, or other municipal ordinance or state of federal statute or for any falsification in applying for the license.
[Amended 12-27-2000 by Ord. No. 0-00-04]
No new license shall be issued unless and until the number of such licenses outstanding is fewer than three; provided, however, that this limitation shall not prevent renewals or person-to-person transfers of junkyard owners' licenses issued and outstanding.
Any junkyard license for a new license term, which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of said new license term or which is issued to replace a license which expired on the last day of the license term shall be deemed to be a renewal of the expired or expiring license, provided that said license is for the same owner as the expired or expiring license, covers the same junkyard and is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the Municipal Clerk prior to the commencement of said new license term. Excepting person-to-person transfers of a junkyard license, any junkyard licenses issued otherwise than above herein provided shall be deemed to be new licenses.
Nothing in this chapter shall prohibit the person-to-person transfer at the location for which it was issued of licenses granted by the municipality under this chapter from person to person, corporation to corporation, person to corporation or corporation to person. Persons or corporations that are licensees under this chapter shall have a property right in such licenses and may assign, sell or transfer such licenses, and the right to such license shall be inheritable and transferable to the heirs, executors or administrators of such licensees, subject to the provisions of this chapter.
In the event any licensee discontinues operation for 120 days for any reason, including death, the license shall lapse and not be transferable.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person, firm or corporation who shall violate a provision of this chapter or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall severally for each and every such violation and noncompliance be subject to the penalties provided in § 1-14 of this Code. The imposition of a penalty for a violation of this chapter shall not excuse the violation nor permit it to continue. Such violation shall be remedied within 10 days of the imposition of said penalty; thereafter each additional 10 days that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.