The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of licenses issued for the operation of a junkyard,
junk shop or automobile graveyard.
It is unlawful for any person, firm, corporation,
association or partnership to maintain, operate or conduct a junk
shop, junkyard or automobile graveyard in or upon which junk, as hereinafter
described, shall be purchased, sold, stored, repaired, renovated or
restored, within the Township of Montville, without first having obtained
a license for such purpose, as hereinafter provided.
As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMOBILE GRAVEYARD
An establishment or place of business which is maintained,
used or operated for storing, keeping, buying or selling wrecked,
scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous
material.
JUNK DEALER
Any person who deals in junk for commercial purposes or who
buys or otherwise acquires or collects or stores junk for commercial
purposes within the Township of Montville in the manner provided in
this chapter.
JUNK SHOP
Any building within the Township of Montville in which junk
is stored, placed, sold or purchased for commercial purposes within
the provisions of this section.
JUNKYARD
An establishment or place of business which is maintained,
operated, or used for storing, keeping, buying, or selling junk, or
for the maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps and sanitary fills.
LICENSED PREMISES
Any lands or buildings or both whereon a junkyard or automobile
graveyard 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.
PERSON
Any individual, firm, partnership, cooperative, association,
personal representative, corporation, receiver, trustee, assignee
or any other legal entity.
All licenses granted under this chapter and
all premises licensed hereunder shall be subject to the following
regulations. The Township Committee may waive the application of any
of the following regulations if the applicant shows that the enforcement
of the regulation will result in a unique hardship.
A. No part of any premises sought to be licensed shall
be located within 200 feet from any private residence not owned by
the applicant or within 500 feet of any church or school.
B. A licensed premises shall be completely obstructed
from view from the public road. In obstructing the view from the public
road, the licensee shall construct a solid fence or wall, pursuant
to provisions of this chapter, to effectively screen or obstruct visibility
of the licensed premises from any public street or public property
from outside the enclosure.
C. No junk or rubbish or salvage material of any type
shall be maintained outside the enclosure surrounding the licensed
premises as to junkyards or automobile graveyards nor outside of any
junk shop licensed hereunder.
D. No license issued hereunder shall entitle any licensee
to operate under said 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.
E. Material of a combustible and/or flammable nature
shall be inspected pursuant to all applicable fire codes.
F. No materials shall be kept or maintained on the licensed
premises which shall be of such an odorous nature as to be offensive
to adjoining property owners or other inhabitants in the area of the
licensed premises.
G. The licensee shall take all reasonable measures to
keep rats or other vermin from the licensed premises.
H. 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 Township Clerk, furnishing the date and extent of
fire and the cause, if known.
I. No licensee shall pile or stack or place junk above
the level at the height of the fence or wall enclosing a licensed
premises or otherwise in such manner as to create a fire hazard or
to create a place for the harboring of rats, mice or vermin.
J. Auctions and/or the use of loud speakers are prohibited.
K. No licensee shall knowingly buy, sell, receive, dispose
of or conceal or have in his possession any motor vehicle which does
not have documents of legal purchase or from which the manufacturer's
serial number, control number or any other number or identification
mark has been removed, defaced, altered, covered or destroyed with
the apparent purpose of concealing the identity of such vehicle.
L. There shall be no burning of materials on any licensed
premises without permits from all appropriate governmental entities.
M. No licensee shall purchase any goods, articles or
other things whatsoever from any person under the age of 16 years.
N. 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 any law enforcement agency to trace stolen goods.
O. The licensed premises shall be open to inspection
during normal business hours or at any time the premises is open to
the public by the licensee or whenever employees, servants or agents
of the licensee are present and conducting licensed activities upon
the property. The Zoning Officer of the Township of Montville shall
inspect each licensed premises at least once a year and file a report
of such inspection with the Township Clerk.
P. Each license shall apply only to the person to whom
it was issued and shall not be transferable to another person. The
license may not be transferred to another location, unless approved
by the Mayor and Council and then only after all provisions of this
chapter and section have been complied with.
It is unlawful for persons to deposit or leave
any abandoned or unlicensed automobile, truck or other automotive
equipment or any part thereof or any other junk in open fields or
upon any public or private property unless said premises is a licensed
premises under the provisions of this chapter and said placing of
such automobile, truck or other automobile equipment or parts thereof
is placed with the direct permission of the owner of said licensed
premises.
It is unlawful for any licensee to operate any
licensed premises when such operation would be in direct violation
of the Water Pollution Control Act and the Spill Compensation Control
Act and any amendments or supplements thereto.