[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 12-29-1980 by Ord. No. 243-80 as Ch. IV, Sec. 4-4,
of the 1980 Revised General Ordinances. Amendments noted where applicable.]
It shall be hereafter unlawful for any person to keep or maintain
a junkyard or junk shop or deal in junk in any place within the limits
of the Township without first having obtained a license for such purpose
as hereinafter provided, and in any manner contrary to the provisions
of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The violation of any of the provisions of this chapter, or
any false statement contained in the application for license, or failure
to pay any license fee when due, or any conviction of the applicant
during the term for which the license was issued for the violations
of any criminal statute, or law of the State of New Jersey, or of
any State of the United States, or the United States government.
Secondhand, discarded or unused waste material of any type
that has outlived its usefulness for its original purpose, including
iron, metals, glass, paper, rags, clothes, machines, automobiles,
motor vehicles, or parts thereof, or accessories thereof, such as
auto bodies and the like, and all other materials commonly or generally
known as "junk," in the ordinary meaning of the word, acquired or
collected for commercial purposes, including specifically parts and
portions of automobiles and discarded automobiles and automobile bodies.
Any person, firm, association, partnership or corporation
which deals in junk for commercial purposes, or who buys or otherwise
acquires or collects or stores junk for commercial purposes within
the Township in the manner provided in this chapter.
Any building within the Township in which junk is stored,
placed or sold or purchased for commercial purposes within the provisions
of this chapter.
Any lands or parcels thereof on which junk is collected or
placed or stored for commercial purposes or for any remuneration whatever.
Any land or building or both whereon a junkyard is maintained
under license hereunder or any junk shop which is licensed, or any
premises for which a license is issued to a junk dealer under the
provisions of this chapter.
A.
All applicants desiring a license for the maintenance of a junkyard
or junk shop, or as a junk dealer, shall first file a written application
signed by the applicant with the Township Clerk and furnish the information
requested on the forms to be provided by the Clerk.
B.
Applications shall be accompanied by payment of the amount of the
license fee for the period involved.
C.
The Township Clerk shall present any application, together with the
fee accompanying the same, to the Township Committee at its next meeting.
In the event the license applied for shall be denied, the fee accompanying
the license shall be returned, less, however, the sum of 10% thereof
to cover the cost of investigation of the applicant.
D.
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 the
business described in the application shall be endorsed in writing
on the application, or otherwise annexed thereto.
A.
The Township Committee may consider the application for license at
the meeting for which the application and proofs and fees are presented,
or it may set a date for a hearing to be held on the application at
some reasonable time thereafter, which hearing, however, shall not
be later than one month from the date of the Township Committee meeting
considering the same, and at which hearing any objectors to the license
may be heard and may present evidence as well as the applicant and
those in support of the license.
B.
If a date for hearing on the application for license is set, the
Township Committee may investigate the application and the matters
set forth in the application through its own officers, employees or
representatives, and the Township Committee may investigate and consider
as part of its determination for the issuance of a license any unreasonable
depreciation of surrounding property of adjoining owners, which might
ensue from the establishment or maintenance of such a business at
the location designated in the application. The proximity of residences,
schools, churches, public highways, the suitability of the applicant
to receive the license, which shall include his arrest or conviction
for criminal acts. Public convenience and necessity and social and
aesthetic desirability shall also be taken into consideration in such
determination.
C.
After considering all the evidence with respect to the application,
the Township Committee may deny the license to the application for
good cause, revealed by the facts or evidence, and if any application
for license is denied, the Township Committee shall state in writing
the reasons for the denial forming the good cause found by the Township
Committee denying the license to the applicant.
D.
The license, when issued by the Township, shall be displayed in a
conspicuous place upon the licensed premises at all times.
E.
The Township Committee, after investigating and considering any application
for license hereunder, or after hearing on the same, shall, if the
application subscribes to the provisions of this section, authorize
the Township Clerk to issue a license to the applicant, which license
shall be effective from the date of issuance to midnight of the last
day of December of the year in which issued.
All licenses granted under this chapter and all premises licensed
hereunder shall be subject to the following regulations:
A.
No part of any premises licensed shall be located within 200 feet
of any public street or within 300 feet of the boundary line of any
adjoining property owner.
B.
No part of any premises sought to be licensed shall be located within
500 feet from any private residence not owned by the applicant or
any church or school.
C.
A junkyard shall be enclosed by a solid board fence or other fence
made of other solid, nontransparent materials, eight feet high from
the ground and built in such a manner so as to obstruct visibility
of the junkyard from any public street or public property. The fence
or enclosure shall be suitably painted and maintained in good condition
at all times. There shall be no advertisement allowed or any description
or writing on the fence except the owner's name and description
of the character of his business and such description and writing
shall not exceed an area of six square feet. Such fence shall be constructed
in compliance with this chapter within three months of the granting
of any license under the provisions of this chapter.
D.
The premises, area, piece or parcel of land licensed and used as
a junkyard shall have not more than two entrances and two exits, each
of which shall not exceed 15 feet in width and such entrances and
exits thereto and therefrom shall be enclosed by a gate or gates which
shall be secured, closed and locked when unattended so as to preclude
any entrance to the enclosure, whenever the enclosure may be unattended.
Such gate shall be built of solid board or other solid nontransparent
materials, which shall be at least seven feet and not more than eight
feet in height.
E.
No junk or rubbish or salvage material of any type shall be maintained
outside of the enclosure surrounding the licensed premises of any
junkyard, nor outside of any junk shop licensed hereunder.
F.
No license issued hereunder shall entitle any licensee to operate
under this license at, in or on any lot, building or location, or
any part thereof other than that specified in the license, and no
license shall be assignable or transferable to any other person or
party whatever.
G.
Burning of materials, subject to all state regulations, may be allowed
on one day in each week between the hours of 8:00 a.m. and 8:00 p.m.,
on any licensed premises, except that this shall not prohibit the
use of acetylene torches in salvaging or repairing of any goods, motor
vehicles or other chattels on the premises or parts thereof. In the
event that fires of accidental nature occur on the licensed premises
in such numbers or such periods of time as to create a fire hazard
to other properties or inhabitants of the Township or otherwise occur
so consistently or in such number as to become a nuisance to the Fire
Department of the Township, the Township Committee may revoke the
license granted after due hearing and notice thereof because of the
hazardous nature or conduct of the business.
H.
No materials of any explosive nature shall be maintained or demolished
on any licensed premises.
I.
No materials shall be kept or maintained on the licensed premises
which shall be of such odorous nature as to be offensive to adjoining
property owners or other inhabitants in the area of the licensed premises.
J.
The licensee shall take all reasonable measures to keep rats or other
vermin from the licensed premises.
K.
The licensee shall maintain sufficient fire extinguishers on the
licensed premises at all times, and shall also establish, fire protection
according to standards recommended by the National Board of Fire Underwriters
for such premises. The licensee shall also report all fires to the
Fire Official of the Township, furnishing date and extent of fire
and cause, if known.
L.
No licensee hereunder shall purchase any goods, articles, or other
materials whatever from any person under the age of 17 years.
M.
No licensee shall pile or stack or place junk above the level at
the height of the fence enclosing a junkyard or otherwise in such
manner as to create a fire hazard or to create a place for the harboring
of rats, mice or vermin.
N.
The business of the licensee shall be operated in such manner as
not to cause unreasonably loud noises that are either so consistent
or so audible as to be a nuisance to other property owners or inhabitants
in the neighborhood.
O.
No licensee 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 of identification mark has been
removed, defaced, altered, covered or destroyed with the apparent
purpose of concealing the identity of such vehicle.
P.
All junk dealers shall keep books in which records are maintained
of all purchases by the junk dealer and which books shall be open
to inspection by any law enforcement agency in order to enable the
law enforcement agency to trace stolen goods.
[Amended 6-19-1996 by Ord. No. 344-96]
Any license issued by the Township may be renewed each year
thereafter furnishing notice of intention to renew said license in
writing with the Township Clerk, at least 30 days prior to the first
of the year, and upon payment of the annual license fee of $250. No
hearing shall be required for the issuance of any renewal license
unless objections are filed in writing with the Township Clerk, by
any inhabitant or taxpayer of the Township against the renewal of
these licenses. In the event a written objection is filed before renewal
as herein provided, the Township Committee shall set a date for hearing
and proceed to hear the objection and all evidence for and against
the issuance of such license not later than 15 days from the beginning
of the renewal period, and at the conclusion of the hearing the Township
Committee may then determine whether to issue a renewal license or
to deny the same, if evidence presented indicates sufficient cause
by virtue of prior violations of the ordinance by the licensee. The
Township Committee may authorize a temporary permit for such licensee
until the hearing has been completed and a determination made so that
the business of a licensee may not be suspended or interfered with
unreasonably by filing of any written objections.
[Amended 6-19-1996 by Ord. No. 344-96]
No licensee shall conduct any processing operations or purchase
or sales of material on the licensed premises after 8:00 p.m. and
prior to 8:00 a.m., of the following day, on weekdays, or at any time
on legal holidays designated as New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving and Christmas. On Saturdays,
licensees may only operate between the hours of 8:00 a.m. and 4:00
p.m. Operations of any type on Sundays is prohibited.
A.
The Township Committee may revoke any license granted at any time
during the period for which the license was issued on the Township
Committee's own action or on the objection of any taxpayer or
inhabitant of the Township for good cause shown after a hearing provided
to the licensee setting forth the grounds of complaint.
B.
The licensed premises shall be open to inspection by the Township
Board of Health at any reasonable time of day or night upon the proper
authorization of such inspection by the health officer of the Township
Board of Health.
A.
The annual fees for each license issued hereunder shall be the sum
of $250, which shall be prorated where the license shall not have
been issued on January 1, of the year and any period of a month over
15 days shall constitute a full month and any period less than 15
days shall constitute a half month, for the purpose of prorating the
annual fee.
[Amended 6-19-1996 by Ord. No. 344-96]
B.
Payment of these fees shall accompany filing of all applications
for licenses, or for any intention to renew thereafter. In the event
an application for license is denied or renewal license is denied,
the fee shall be returned, less 10% for the cost of the Township to
investigate the same. In the event that license shall be revoked for
good cause shown or terminated voluntarily by the licensee, there
shall be no refund of any portion of the license fee.
C.
Where the owner of any motor vehicle junkyard has to obtain a permit
from the Commissioner of Motor Vehicles in accordance with N.J.S.A.
39:11-3[1] and the Township Committee has approved the granting of
such license, the license fee to be paid to the Township shall be
in the sum of $500 annually, prorated, and the license shall be issued
on January 1, and said license shall expire on December 31, the year
in which it was issued.
[1]
Editor's Note: Said section was repealed by L.2009, c. 298,
§ 16, effective 1-17-2010.
