[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.]
GENERAL REFERENCES
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:
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/or the classes
of material which it is proposed to store thereon.
C.
The place where the business or storage is to be located and the
present zoning class of said property.
D.
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.
E.
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.
F.
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.
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:
A.
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.
B.
No junk or refuse material shall be burned.
C.
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.
D.
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.
A.
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.
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.
A.
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.
B.
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.
C.
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.
