[HISTORY: Adopted by the Township Council
of the Township of Marlboro 9-23-1982 by Ord. No. 37-82 (Ch. 82 of the 1981
Code). Amendments noted where applicable.]
No person shall establish, operate or maintain
a motor vehicle junkyard business unless he shall first obtain a license
for such yard or business from the Mayor and Council of the Township
of Marlboro.
A.
The Mayor and Council shall grant 11 licenses to persons
for the purpose of establishing, operating or maintaining a motor
vehicle junkyard or business or retail and/or wholesale junkyard.
No further licenses, over and above the amount listed and attached
to this article[1] and identified by block and lot and legally operating
as of August 12, 1982, according to records in the Office of the Assessor,
shall be granted.
[Amended 3-24-1983 by Ord. No. 7-83]
[1]
Editor's Note: A list of properties operating
as active junkyards is on file in the office of the Township Clerk.
B.
It is the policy of the Mayor and the Township Council
to license all legally existing businesses. However, all similar establishments
must comply with all the requirements of this article.
A.
MOTOR VEHICLE AUCTION AND SALVAGE
MOTOR VEHICLE JUNKYARD
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Any business who operates in accordance with a motor vehicle
junkyard license issued pursuant to this chapter but whose primary
business involves the operation of a salvage pool or auto auction
for the sale of total-loss vehicles and heavy equipment on behalf
of insurance companies or charitable organizations; provided, however,
that no dismantling, parting out, crushing or shredding of vehicles
shall be permitted.
[Added 12-18-2014 by Ord. No. 2014-24; amended 10-20-2016 by Ord. No. 2016-15; 7-12-2018 by Ord. No. 2018-15]
Any business or place of storage or deposit, whether in connection
with another business or not, which displays in or upon which there
is displayed to the public view two or more motor vehicles which are
unfit for use for the highway transportation, or used parts of motor
vehicles or old iron, metal, glass, paper, cordage or other waste
or discarded material which has been a part of any motor vehicle,
the sum of which parts or material shall equal in bulk two or more
motor vehicles.
B.
When used herein, "person" shall be held to mean and
include partnerships and corporations and any other legal entity capable
of suing or being sued; the masculine gender shall include the feminine
and neuter genders, and the singular number shall include the plural
number.
Any person desiring to procure a license shall
file with the Business Administrator or his designee a written application,
signed by the applicant or applicants, setting forth:
A.
The names and residences of the applicants if an individual,
partnership or firm, or the names of the principal officers and their
residences if the applicant is an association or corporation.
B.
The length of time such applicant or applicants if
an individual, partnership or firm, or the manager or person in charge
if the applicant is an association or corporation, has or have resided
at his or their present address, his or their places of previous employment,
whether he or them or any of them have been convicted of a felony
or misdemeanor and, if so, what offense, when and in what court.
C.
Whether the applicant or applicants if an individual,
partnership or firm, or the manager or person in charge if the applicant
is an association or corporation, has or have been employed by a junk
dealer or has or have been a junk dealer or dealers.
D.
The premises where said business is to be located
or carried on.
E.
Such other information that may be required by the
Mayor and Council of the Township of Marlboro.
No premises shall be used for establishing, operating or maintaining any junkyard or business as defined in § 212-3A, nor shall any junkyard be operated or situated, within a distance of 500 feet of premises used exclusively for residential purposes or a school, church or other place of public gathering, except that this section shall not apply to any premises entitled to a nonconforming use by reason of law or the judicial decision of this state; provided, however, that no such junkyard shall be located within an area which is less than 5,000 linear feet between the nearest lot line of such proposed junkyard and the nearest lot line of any other junkyard. The phrase "nearest lot line" as used herein shall be understood and construed in the case of irregular lot lines as being the mean or average distance between such lot lines, or in case of lot lines on opposite sides of a street or roadway as meaning the distance between said lines if the same were projected or extended so as to be on the same side of the street or roadway.
Upon the filing of the application as herein
provided, the Mayor shall, after investigation of said application
and the payment to the Township of the license fee herein provided,
in his discretion, issue to the applicant a license.
All licenses shall be numbered in the order
in which they are issued and shall state clearly the location of the
junkyard, the date of issuance and expiration of the license and the
name and address of the licensee. All licenses granted by the Mayor
shall expire on the first day of January next after granting the same,
and all such licenses issued shall be subject to the right of revocation
reserved by the Council, except that the licensee shall be entitled
to a hearing before revocation.
[Amended 6-5-2008 by Ord. No. 2008-17; 2-15-2018 by Ord. No. 2018-5]
Each applicant for such licenses shall pay an
annual license fee of $1,125. No license shall be transferable; and
any holder of such license who permits it to be used by any other
person shall be guilty of a violation of this article, and such license
shall be subject to immediate revocation. For each renewal of such
license, the fee shall be the same as for the original issuance, and
a new bond shall be furnished with each renewal as in the case of
the original issue. A mercantile license will be issued without additional
fee.
Each licensee shall provide a quarterly report to the Chief of Police of the Township of Marlboro detailing the year, model and serial number of each motor vehicle acquired by said licensee during the previous three-month period. Such reports shall be based upon the quarters of January through March, April through June, July through September, and October through December. Said reports shall be received by the Chief of Police of the Township of Marlboro by the 15th calendar day of the first month of the succeeding quarter. Each licensee shall maintain the records required in § 212-28 of this chapter.
No license issued hereunder shall entitle such
licensee to operate thereunder at, in or on any other lot, building
or location than that which is specified in said license.
[Added 4-9-1987 by Ord. No. 11-87; amended 12-18-2014 by Ord. No.
2014-24]
A.
No junkyard
shall operate in any manner, other than the business office directly
connected to the junkyard, except between the hours of 7:00 a.m.,
prevailing time, and 5:30 p.m. prevailing time, except for emergency
deliveries upon advanced notice to the Township Police Department;
however, in no event after 8:00 p.m. Employees may be present in the
office at other times.
B.
Any motor vehicle auction and salvage business as defined by this
chapter shall be permitted on Monday through Friday to take delivery
of vehicles up to 7:00 p.m., provided that they establish a separate
area approved by the Planning Board or Board of Adjustment for off-hour
dropoff of vehicles between the hours of 5:00 p.m. and 7:00 p.m.
All licenses under this article shall at all
times be subject to such reasonable rules as may be made, from time
to time, by the Mayor and Council of the Township of Marlboro for
the proper operation and regulation of the places of business named
in such license.
No junk, old rope, iron, brass, copper, tin,
lead or other metal, or damaged automobiles shall be kept or placed
in front of the fence or in front of the place of business conducted
by the licensee as a junkyard or in or upon any roof, fence or other
object designed to place junk, old rope, iron, brass, copper, tin,
lead or other metal, rags or damaged automobiles in public view.
A.
Solid walls of cement block or poured concrete or
fences at least eight feet above ground level and set back 30 feet
shall be constructed and maintained in good repair at all times. Said
fences shall be chain link fences interwoven with plastic lining so
that the contents of the junkyard, whether the junkyard is a motor
vehicle junkyard or a junkyard operated, established or maintained
by a retail junk dealer, are not visible from the outside of the fence,
and said solid walls or fences shall surround any area in which junk
of any nature is stored. Any such wall or fence will have two gates
and/or doors for the purpose of ingress and egress.
B.
The requirement for interweaving shall apply only
to the sides of fencing facing the front or side, adjacent to residential
zones.
C.
Any person who maintains or operates a motor vehicle
junkyard and/or a wholesale or retail junkyard on the effective date
of this chapter shall have a period of 80 days therefrom within which
to construct or have constructed the wall or fence as prescribed in
this article and shall not be liable to punishment under the provisions
of this article unless the violations shall have occurred after the
expiration of said eighty-day period.
D.
Fences used for screening junkyards shall not be used
for advertising purposes.
[1]
Editor's Note: Former § 212-15, Removal of fuel required,
as amended, was repealed 10-20-2016 by Ord. No. 2016-15.
B.
It shall be unlawful to stack, pile or place parts
or motor vehicles upon said premises in such a manner as to create
a fire hazard or to create a place for the harboring or breeding of
rats, mice, vermin or mosquitoes, nor shall any junk be stacked, piled
or placed or stored so that it shall be visible above the height of
the fence surrounding said premises.
This article shall be enforced by the Zoning
Officer, the Code Enforcement Officer and the Division of Police. [1]
[1]
Editor's Note: Original § 82-18,
When effective; grace period, which immediately followed this section,
was deleted 12-10-2009 by Ord. No. 2009-35.
[Amended 4-9-1987 by Ord. No. 11-87]
Any person who, by himself or by his Clerk, agent or employee, shall own, establish, operate, lease and/or maintain a motor vehicle junkyard or business, as herein defined, without a license as required by this article or who shall violate any of the provisions of this article or who, having had his license revoked, shall continue to establish, operate or maintain a motor vehicle junkyard or business, upon conviction thereof, shall be subject to the maximum allowable fine as provided in § 4-3 of the Code for each day during which such violation shall continue and/or be imprisoned in the county jail for the maximum allowable time, or both, in the discretion of the Magistrate before whom such person is convicted. In default of the payment of any fine imposed hereunder, such person may, in the discretion of the Magistrate, be imprisoned for up to the maximum allowable time. In addition to the penalties herein provided, the license of such person violating the same shall be subject to revocation.
For the purpose of this article, the following
words and terms shall be deemed to have the meanings herein given
to them:
Includes individuals, partnerships, corporations and associations.
A person who goes about the streets soliciting the purchase
of junk or who maintains a store, shop or other place of business
or a truck, cart or other vehicle for the purchase, sale and collection
in small quantities of discarded articles and materials of every description,
commonly called "junk."
A person who buys and sells junk in large quantities and
who maintains a warehouse, yard or other place of business where discarded
articles and materials of every description are purchased or collected
in large quantities and are permitted to accumulate for the purpose
of being sold at wholesale.
No person shall engage in the business of a
retail or wholesale junk dealer except pursuant to and within the
terms of a license granted by the Mayor and Council; provided, however,
that nothing in this article shall apply to persons maintaining a
licensed motor vehicle junk business or motor vehicle junkyard, as
defined in N.J.S.A. 39:11-2, unless such persons are also engaged
in the purchase, sale and collection of discarded articles and materials
other than motor vehicle and motor vehicle parts. A separate license
shall be required for each place of business and for each vehicle
maintained by junk dealers, as hereinafter provided.
The Mayor and Council shall grant licenses to
such and so many persons as it shall think proper, which persons shall
be of good moral character.
Applications for licenses shall be in writing,
signed by an applicant and filed with the Business Administrator,
shall state the name, age and residence of the applicant and purpose
for which the license is to be used, shall state the place where the
licensed business is to be conducted or, in the case such license
is sought for a vehicle, shall contain a detailed description of such
vehicle, and shall be accompanied by the license fee hereinafter prescribed.
[Amended 6-5-2008 by Ord. No. 2008-17]
The license fees for the period of January 1
of each year to January 1 of the following year, both inclusive, or
any portion of such period, shall be as follows:
A.
For each retail junk dealer or places of business,
including one vehicle maintained by such retail junk dealer, $1,000;
and for each additional vehicle maintained by such retailer, $100.
B.
For each wholesale place of business, including one
vehicle maintained by such wholesale junk dealer, $1,000; and for
each additional vehicle maintained by such wholesaler, $100.
The Township Clerk shall issue to every person
to whom a license has been granted by the Mayor and Council a license
certificate, which shall state the purpose for which the license is
granted, the name and business address of the licensee, the number
of the license and the date of its expiration. Said certificate shall
be displayed in a conspicuous place upon the licensed premises at
all times or, in case of a licensed vehicle, in or upon such vehicle
at all times when the vehicle is engaged in the business for which
the license is granted. In addition to such certificate, every licensed
vehicle shall have displayed on the exterior thereof in a conspicuous
place a metal plate to be furnished by the Business Administrator,
bearing the words: "Township of Marlboro Licensed Junk Dealer No.
________________, Expires, _______________, 20___," with the number
of the license and the appropriate date inserted.
Before a retail junk dealer's license shall
be issued to any person, such person shall enter into a bond to the
Mayor and Council of the Township of Marlboro, with good and sufficient
surety to be approved by the Mayor and Council in the penal sum of
$1,000 conditioned for the due observance of all ordinances of the
Township of Marlboro regarding the business of retail junk dealer.
Said bond shall also be approved as to form by the Township Attorney.
No junk dealer shall receive in connection with
his business any articles or materials by way of pledge or pawn, nor
shall be lend or advance any money on the security of such articles
and materials.
No junk dealers shall receive or purchase any
articles or materials from a person under 18 years of age or which
are known by him to have been stolen or converted.
Every retail junk dealer shall keep a book in
which shall be clearly written at the time of each purchase a description
of the article purchased, the name and address of the seller and the
date and hour of the purchase. Said book shall be available for inspection
by any member or agent of the Police Department for a period of one
year after the date of the purchase.
Every junk dealer who shall receive or be in
possession of any articles or materials alleged to have been lost
or stolen shall, upon demand, present them for inspection to any officer
or agent of the Police Department. If any articles or materials shall
be advertised in any newspaper published in the Township of Marlboro
as having been lost or stolen and said article or materials, or any
portion of them, shall then be in, or thereafter come into, the possession
of any junk dealer, said dealer shall forthwith give information thereof
in writing to the Chief of Police, stating from whom the articles
or materials were received or purchased and the time and date of the
receipt or purchase.
No retail junk dealer shall receive or purchase
in connection with his business any articles or materials except between
the hour of 7:00 a.m., prevailing time, and sunset.
No junk, papers or rubbish shall be permitted
to scatter, to drift or to be strewn, either inside or outside the
junkyard, and all such materials shall be secured, fastened and neatly
stacked.
No stacks of junk or piles of dirt or rubbish
shall be permitted outside fenced enclosure.
Sufficient fire extinguisher equipment shall
be maintained in good working order at every junkyard in accordance
with directions of the Fire Marshal of the Township of Marlboro.
No flammable materials shall be stored unless
the Fire Marshal of the Township of Marlboro is notified of the presence
of said materials, and such materials shall be stored in such manner
as the Fire Marshal may require for the purpose of eliminating fire
hazards.
All junkyards shall be subject to the inspection
of the Police Department, Fire Department, Health Department and Business
Administrator and by any personnel charged with the duties of enforcing
the health, safety and police ordinances, regulations and laws affecting
or pertaining to this Township.
Any license issued pursuant to this article
may be suspended or revoked by the Mayor and Council or Municipal
Judge, after reasonable opportunity to the licensee to be heard, for
violation of any of the provisions of this article or any other ordinance
of the Township of Marlboro. Such suspension or revocation may be
either in addition to or instead of the penalties prescribed herein.
No premises shall be used for establishing, operating or maintaining any junkyard or business, as defined in § 212-3 of the Motor Vehicle Junkyard Ordinance,[1] nor shall any junkyard be operated or situated within
a distance of 500 feet of premises used exclusively for residential
purposes or a school, church or other place of public gathering, except
that this section shall not apply to any premises entitled to a nonconforming
use by reason of law or the judicial decisions of this state; provided,
however, that no such junkyard shall be located within an area which
is less than 5,000 linear feet between the nearest lot line of such
proposed junkyard and the nearest lot line of any other junkyard.
The phrase "nearest lot line" as used herein shall be understood and
construed in the case of irregular lot lines as being the mean or
average distance between such lot lines or, in case of lot lines on
opposite sides of a street or roadway, as meaning the distance between
said lines if the same were projected or extended so as to be on the
same side of the street or roadway.
[Amended 4-9-1987 by Ord. No. 11-87]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished as provided in § 4-3 of the Code; and each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.
