[HISTORY: Adopted by the Township Committee of the Township of Blairstown as Sec. 4-3 (Ord. No. 86) of the 1977 Revised General Ordinances. Amendments noted where applicable.]
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 having obtained a license for such purpose as hereinafter provided.
No license shall be issued within 1,000 feet of any residence, motel, church, school or any other public building, or within 250 feet from any public highway.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 or motor vehicles, old bottles, glass, lumber, paper, discarded machinery or parts thereof and any other second hand articles or used materials and merchandise and such other articles or things as commonly come within the classification of junk.
- JUNK DEALER
- Any person, firm, association, partnership, or corporation who buys, acquires, stores, collects, sells, or otherwise deals in junk as hereinabove defined.
- Any lands within the Township on which junk, as hereinabove defined, is placed, collected, stored, or kept.
Any person desiring to obtain a license as herein required shall file with the Township Clerk a written application signed by the applicant or applicants which application shall state:
The name and residence of the applicant, and if a firm or association, the names and addresses of the officers and the registered agent or partners.
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 applicant shall contain the agreement that the applicant accepts the license to be granted upon condition that it may be suspended or revoked at any time by the Township Committee upon proof of a repeated violation.
The Township Committee may restrict the number of 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/her at the time of 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 Committee 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.
All persons receiving such license or licenses shall pay to the Township of Blairstown an annual fee of $25 for each license issued.
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 or fence 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. Where the property is entirely or partly bounded by a natural barrier such as a high bank, the Township Committee may waive the erection of a hedge as to that part of the property bounded by a natural barrier. This chapter 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 Committee.
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 of Police, or any other officer or representative of the Township.
All goods, articles, merchandise, or motor vehicles must be stored and kept within the enclosed fence above described, and not upon the sidewalk or any part thereof.
No licensee or his agent shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicles from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, covered or destroyed for the purpose of concealing the identity of such vehicle.
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 fire hazard, or to create a place for the harboring or breeding of rats, mice or vermin.
Any member of the Township Committee, Board of Health, the Health Officer, the Chief of Police or any authorized agent of the Township shall have the right at any and 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 any other junk in open fields or upon other unfenced private property without first obtaining the permission of the Township Committee and of the owner of such private property, and for such a period of time as may be established by the Township Committee.
No more than two signs of 50 square feet each are permissible and must be erected on the licensed property.
Any person who shall violate a provision of this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, shall severally for each and every such violation and noncompliance, forfeit and pay a penalty as stated in Chapter 1, General Provisions, Article III, General Penalty. The imposition of a penalty for a violation of this chapter shall not excuse the violation, or permit it to continue; such violation shall be remedied within a reasonable time, and each day that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.