[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-21-72.[1] Sections 204-6 and 204-12 amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 169.
Fences generally — See Ch. 173.
Land use — See Ch. 209.
Abandoned vehicles — See Ch. 309.
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 8, Art. 3, of the former Revised Ordinances, adopted 11-21-72 as Ord. No. 659.
As used in this chapter, the following words shall have the meanings indicated:
JUNK
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.
JUNK DEALER
A junk shop or junkyard keeper who also uses or intends to use one or more vehicles for the purpose of buying, collecting or otherwise acquiring junk for commercial purposes and placing, collecting or storing the same in his junkyard or junk shop.
JUNK SHOP
Any building within the borough in which junk is placed, collected, stored or kept.
JUNKYARD
Any lot or land within the borough on which junk is placed, collected, stored or kept.
It shall be unlawful for any person to keep, maintain or operate a junkyard or junk shop or to engage in the business of junk dealer within the borough without first having obtained a license therefor in accordance with the provisions of this chapter.
A. 
Every person desiring to obtain a license under this chapter shall make an application to the Borough Clerk stating:
(1) 
The name and residence of the applicant.
(2) 
The location of premises where it is proposed to establish a junk shop or junkyard, including a full description of such premises and buildings thereon.
(3) 
A statement as to whether the applicant is the owner or lessee of the premises.
(4) 
A description of the classes of material proposed to be stored on the premises.
B. 
Each application shall be accompanied by the whole annual license fee as set forth in § 204-6. In the event that the license is refused, the entire license fee shall be returned to the applicant.
C. 
The applicant shall file a copy of the application with the Building Inspector and the Chief of the Fire Prevention Bureau.
Upon receipt of said application:
A. 
The Borough Clerk shall investigate and:
(1) 
Verify the statements contained in the application.
(2) 
Ascertain whether any taxes are due and owing to the borough by the applicant or for the premises sought to be licensed.
(3) 
Prepare a report of his findings.
B. 
The Building Inspector and the Chief of the Fire Prevention Bureau shall each make or cause to be made an inspection of the premises to be licensed. Within 45 days after receipt of the application, the Building Inspector and the Chief of the Fire Prevention Bureau shall each prepare a report stating their respective findings and, among other things, the conclusions of the respective officials as to whether the storing of junk at the proposed premises would constitute a hazardous condition.
A. 
The Borough Clerk shall present his report to the Mayor and Council, together with the reports of the Building Inspector and the Chief of the Fire Prevention Bureau.
B. 
If the Building Inspector, the Chief of the Fire Prevention Bureau, or both, shall determine that the operation of a junk shop or junkyard at the premises proposed would constitute a hazard or if the Borough Clerk shall find the application irregular, the Clerk shall so inform the Mayor and Council.
C. 
If the Mayor and Council shall deny the application for a license, the Mayor and Council shall notify the applicant, who, upon said notification, may apply for a hearing on such application before the Mayor and Council.
D. 
In the event that a hearing is held by the Mayor and Council pursuant to Subsection C of this section, a determination shall be made by the Mayor and Council within 45 days from the date of said hearing whether a license shall be issued.
The license fee hereunder is as set forth in Chapter 169, Fees. This established license fee is for revenue purposes only.
[1]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
All licenses issued under the provisions of this chapter shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of their issuance.
No license shall be granted by the Council:
A. 
If the applicant has been convicted of the crime of larceny or receiving stolen property or convicted of any crime involving moral turpitude:
B. 
Until the applicant files with the Borough Clerk a surety bond of a surety company authorized to do business under the laws of the State of New Jersey, in the sum of $2,000 and in a form satisfactory to the borough. The surety bond shall be conditioned upon the faithful compliance with all the regulations of this chapter and the lawful conduct of the licensed business;
C. 
If the storage of junk at the proposed premises would constitute a fire or safety hazard:
D. 
Unless the applicant agrees to make a daily report to the Police Department of the borough of all purchases made, from whom such purchases are made and also such further information with respect to such purchases as the Chief of Police might reasonably require for police matters; or
E. 
If the applicant has not complied with the provisions of §§ 204-9 and 204-10.
Each lot, or any part thereof, licensed as a junkyard shall, throughout the entire term of the license, be enclosed by a wall or solid board fence not less than eight feet in height, constructed in such manner that the interior of the yard and its contents shall not be visible from the outside.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions. Art. I.