Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower 12-10-1975 as Sec. 4-4 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Garage and private sales; flea markets — See Ch. 359.
Land development — See Ch. 400.
Payment of taxes required prior to issuance of licenses and permits — See Ch. 413, Art. I.
Mercantile licenses — See Ch. 432.
Secondhand merchants and dealers of precious metals — See Ch. 529.
Transient merchants — See Ch. 625.
Inoperable or unlicensed vehicles — See Ch. 633.
After May 11, 1953, it shall be unlawful for any person 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 without first such purpose, as hereinafter provided.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
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, lumber, paper, discarded machinery, or parts thereof, and any other secondhand articles or used materials and merchandise and such other articles or things as commonly come within the classification of junk.
Any person desiring to obtain a license as herein required shall file with the Township Clerk a written application signed by the applicant, 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 the classes of material which it is proposed to store therein, the premises at which it is proposed to establish the business, including a full description of such premises, and whether the applicant owns the premises or leases them.
Each application shall contain the agreement that the applicant accepts the license to be granted upon condition that it may be suspended or revoked for cause, at any time, by the Township Committee. Any license issued pursuant to this chapter may be revoked or suspended for cause by the Township Committee.
The Township Committee may restrict the number of such licensed premises within the Township and may impose such reasonable regulations and rules with regard to the business so to be conducted not contrary to law, as the Township Committee 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 the business shall be endorsed on the application.
The license shall authorize the licensee to conduct the business at the place specified in the license and shall not be transferable to another location, nor assignable or transferable in any manner.
Before any application for a license to conduct the business shall be accepted by the Township Clerk, there shall be presented to him at the time of the making of the application a paid tax bill by the Tax Collector of the Township indicating that the applicant has paid all personal property taxes due from such applicant for the chattels on the licensed premises, for the year preceding the year for which the new license is sought.
The Township Council shall issue all licenses under this chapter; and they shall be good and valid from the date of issue until December 31 next, after granting the same.
[Amended by Ord. No. 83-8; Ord. No. 92-5]
All persons, firms, or corporations receiving such license or licenses shall pay to the Township of Lower an annual fee of $150 for each license issued. Said fee shall be due on the first of August of each calendar year. In addition, if the annual fee is not paid to the Township by the first of September, there shall be a late charge of $15 in addition to the annual fee. In addition, licensees must comply with the provisions of Chapter 413, Article I, Payment of Taxes Required Prior to Issuance, which requires the real estate taxes on licensed property to be current before issuance of said license.
Every person to whom such license may be issued shall, when engaging in business within the Township, be in possession of such license and is hereby required to have such license on exhibition at all times.
The property upon which the business shall be conducted shall be enclosed by a hedge not less than six feet high nor more than eight feet high. The hedge shall be kept in a trimmed and neat condition at all times. A period of five years shall be allowed for the hedge to reach the minimum height herein set forth. Where the property is either entirely or partly bounded by a natural barrier, such as a high bank, the Committee may waive the erection of a hedge as to that part of the property bounded by the natural barrier. This section shall not preclude the erection of a different type of enclosure, such as a brick or stone wall, wooden fence or cyclone fence, but this cannot be done without the consent of the Township Council.
Any licensee or the person in charge of any licensed premises who shall receive or be in possession of any goods, articles or things which may have been stolen or lost, or alleged or specified to have been stolen or lost, shall forthwith, upon demand to view the same, present the same to the chief law enforcing officer or any other officer or representative of the Township.
All goods, articles, merchandise, or motor vehicles shall be stored and kept within the enclosed fence above described and not upon the sidewalk, street or any part thereof.
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 of identification mark has been removed, defaced, altered, covered or destroyed, for the purpose of concealing the identity of such vehicle.
A licensee may burn junk upon the licensed premises, provided he uses a high degree of care and does not create a nuisance in the neighborhood of the junkyard.
It shall be unlawful for any licensee to stack, pile or place any of the aforesaid secondhand materials upon the licensed premises in such a manner as to create a place for the harboring or breeding of rats, mice, or vermin.
Any member of the Township Council, Board of Health, Health Officer, chief law enforcing officer, or police officers or any authorized agent of the Township shall have the right at any and at 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 other junk, in open fields, or upon other unfenced private property without first obtaining the permission of the Township Council and of the owner of such private property.
[1]
Editor's Note: See also Ch. 633, Vehicles, Inoperable or Unlicensed.
[Added by Ord. No. 92-5]
Any member of the Lower Township Police Department and the Township Code Enforcement Officer or any other Township official that Council may designate by amendment to this chapter are hereby empowered to enforce the provisions of this chapter.