[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:
A.Â
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.
B.Â
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.
C.Â
The detailed nature of the business to be conducted.
D.Â
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.[1]
[1]
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.
