[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Jefferson 9-17-1951 by Ord. No. 65 (Ch. 55 of the 1967 Code). 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 Jefferson, without first having obtained a license therefor from the Township Council of the Township of Jefferson as herein provided.
As used in 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 automobiles which are unfit for reconditioning for sale for highway transportation, used parts of motor vehicles, old bottles, glass, tinware, lumber or other secondhand articles or used materials and merchandise and such other articles or things as commonly come within the classification of junk.
Every applicant for a license to engage in said business shall file with the Township Clerk a written application signed by the applicant or applicants, which application shall state:
The name and residence of the applicant and, if a firm or corporation, the name and address of the officers and the registered agent or partners.
The length of time that the applicant or applicants or, if the applicant is a firm or corporation, the length of time that the manager or the person in charge has been a resident of the Township, if such is the case, his or their place of previous employment and if the applicant or applicants have been convicted of a crime, and, if so, when, what offense and in what court.
The detailed nature of the business to be conducted.
The place where the business is to be located and carried on, provided that no junkyard will be located within 300 feet of any public highway or within 300 feet of any dwelling house, and in no event in any residential locality.
Each application shall contain an agreement that the applicant accepts the license to be granted upon the conditions that it may be suspended or revoked for cause at any time by the Township Council.
The Township Council 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 Council 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 the said application.
The license shall authorize the licensee to conduct the said business at the place specified in the license and shall not be transferable to another location, nor assignable or transferable in any manner.
[Amended 4-3-1985 by Ord. No. 5-85]
Each lot or any part thereof used for any of the businesses hereinabove set forth shall be enclosed within a fence not less than six feet nor more than eight feet in height from the ground. The fence shall be constructed of either wood, metal, fiberglass or similar material and shall be substantial in nature. It shall be further constructed so that no dust or other materials may pass through and shall be opaque. The enclosure shall be maintained in good condition at all times, and no article shall be piled as to protrude above said enclosure. The fence shall not be used for advertising purposes except as where permitted by ordinance.
Any such license may be revoked or suspended for cause by the Township Council.
No licensee hereunder shall purchase any goods, articles or merchandise or motor vehicles from any person under the age of 18 years.
Any licensee or his agent or servant who shall receive or be in possession of any goods, articles or things which may have been stolen or lost or alleged or supposed to have been stolen or lost shall forthwith, upon demand to view the same, present the same to any member of the Police Department or any other officer or representative of the Township of Jefferson.
All licensed premises shall be subject to inspection at all times by the members of the Police Department and other representatives of the Township.
No goods, articles, merchandise or motor vehicles shall be placed by the said licensee on the sidewalk or any part thereof nor shall the said licensee use the street or any part thereof for the storage, repair or sale of said goods, articles, merchandise or motor vehicles.
The contents of each of such licensed premises shall be arranged in an orderly manner, with all similar things located together so as to facilitate inspection by the proper authorities.
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.
The licensee and any person employed by him to whom is offered for sale any motor vehicle part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer's serial number or any other identification shall immediately notify police headquarters.
No licensee shall burn any goods, wares or merchandise upon the licensed premises; provided, however, that this shall not prohibit the use of acetylene torches in reconditioning or salvaging any old motor vehicles or parts thereof.
[Amended 11-6-1991 by Ord. No. 28-91; 12-5-2001 by Ord. No. 35-01; 9-1-2004 by Ord. No. 28-04]
The annual license fee to be paid for such license shall be the sum of $150, and all licenses issued hereunder shall terminate on December 31 of the year in which issued, and any licenses issued after August 1 of said year shall be 60% of the fee for the entire year.
Editor's Note: Former § 55-19, Motor vehicle permit, which previously followed this section, was repealed 12-3-2003 by Ord. No. 39-03.
Each holder of a license herein authorized shall at all times keep the license posted while in force in a conspicuous place on the premises described in the application for such license.
The licensee, by accepting a license hereunder, agrees to comply with all the terms and conditions set forth in this chapter.
[Amended 9-21-1970 by Ord. No. 273; 6-14-2006 by Ord. No. 16-06]
Any person who shall violate any of the provisions of this chapter shall be subject to a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge before whom such conviction shall be had.
Any person, firm or corporation now conducting the business herein described shall have 45 days after the final passage hereof in which to obtain the license herein required, and during said period this chapter shall not become operative or effective as to persons now engaged in said business in order that they may have ample opportunity to secure the necessary license.