Borough of Chesilhurst, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst 8-14-1975 by Ord. No. 75-8. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 285.
Mercantile and business licenses — See Ch. 303.
Solid waste — See Ch. 402.
Abandoned vehicles — See Ch. 456.
Vehicles and traffic — See Ch. 465.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Any old, discarded or unused waste iron or other metal or substance, glass, paper, used lumber, rags, machine parts, accessories, discarded machinery or machines in whole or in part and any material commonly known and generally referred to as "junk" in the ordinary meaning of the word.
JUNKYARD
Any location, place or space, whether covered or uncovered, used for the sale, purchase, exchange, display or storage of scrap or junk materials or articles commonly called "junk," including but not limited to old paper, old cardboard, old metal or metal products, such as old iron, brass, copper, tin, lead and other metals, old rages, old rope, old wire, old bottles, old glasswares, old households fixtures or appliances, old motor vehicles and other abandoned or nonusable vehicles. In any instance where a particular business sells or offers for sale any of such articles both for salvage and/or for the purpose for which such articles were originally manufactured, any location on or from which such business is conducted shall be construed to be a "junkyard."
[Added 5-12-1983 by Ord. No. 83-5]
JUNKYARD KEEPER or JUNK DEALER
Refers to a person who keeps, maintains or operates a junkyard in the Borough.
[Added 5-12-1983 by Ord. No. 83-5]
LOT
Any publicly or privately owned lot or parcel of real property within the Borough of Chesilhurst and any premises, buildings or structures thereon.
MOTOR VEHICLE SALVAGE YARDS
Refers to any location, place or space, whether covered or uncovered, used for the purpose of storing, demolishing, wrecking, salvaging of inoperable motor vehicles and parts thereof, in any instance where a particular business sells or offers for sale any of such articles both for salvage, and/or for the purpose for which such articles were originally manufactured, any location on or from which such business is conducted shall be construed to be a motor vehicle salvage yard.
[Added 5-12-1983 by Ord. No. 83-5]
PERSON
Any person, partnership, firm, association, corporation, company or organization of any kind.
VEHICLE
Any cart, wagon, truck or other vehicle.
[Added 5-12-1983 by Ord. No. 83-5]
A. 
It shall be unlawful for persons to deposit, discard or leave any abandoned motor vehicle or one unfit for immediate use or for sale for highway transportation, or other automotive equipment, or part thereof, or any other junk in any lot within the Borough of Chesilhurst.
B. 
It shall be unlawful for any person to store, keep or place one or more motor vehicles unfit for immediate use or for sale for highway transportation or part thereof or any other junk upon any lot within the Borough of Chesilhurst.
C. 
It shall be unlawful to burn or incinerate any automotive parts or other junk or materials on any lot in the Borough of Chesilhurst. This subsection shall not apply to any licensed incineration of said materials done under the authority of the Borough of Chesilhurst.
D. 
This chapter shall not apply to the following:
(1) 
Any motor vehicle which is licensed, registered, and has a currently valid New Jersey Division of Motor Vehicles inspection sticker;
(2) 
Any automotive parts stored for the purpose of use in repair or replacement of parts in a person's licensed, registered and inspected motor vehicle;
(3) 
Used or second hand cars stored for sale by and on the lot of a licensed used car dealer;
(4) 
Any automotive equipment, new or used, stored within a building on a lot in the Borough of Chesilhurst owned and/or occupied for use as a licensed automotive equipment retail store or a licensed garage or gasoline station where motor vehicles are repaired for respective uses of sale thereof or use in repair and replacement of motor vehicles and parts thereof.
[Added 5-12-1983 by Ord. No. 83-5]
No more than two licenses under this chapter shall be issued and outstanding.
[Added 5-12-1983 by Ord. No. 83-5]
In addition to any other provisions of any other ordinance, no license or renewal thereof shall be granted under this section:
A. 
If the applicant has been a habitual violator of the provision of this chapter, or if the applicant has been convicted of the crime of larceny, or of receiving stolen property. As used in this section, the term "applicant" shall include each partner and each stockholder, director or officer of the corporate applicant; or
B. 
If the premises to be licensed as a junkyard, junk dealer, motor vehicle salvage yard do not conform to the provisions of the Zoning Ordinance[1] of the Borough; or
[1]
Editor's Note: See Ch. 285, Land Development.
C. 
If the storage of junk and/or inoperable motor vehicles at the proposed lands and premises of the applicant would constitute a fire or safety hazard; or
D. 
If the applicant has not complied with the fencing requirements as required by this chapter or other applicable provisions of ordinances of the Borough of Chesilhurst deemed essential for the protection of the health, safety, and welfare of the public; or
E. 
If there is reason to believe that the granting of the license and the operation and conduct of the proposed licensed business will result in violations of the ordinances and of the codes of the Borough of Chesilhurst.
[Added 5-12-1983 by Ord. No. 83-5]
A. 
Every applicant for a license under this chapter shall provide a description of the premises, including a legal description of said lands or premises thereon, accompanied by a map or sketch according to scale and certified by a licensed engineer or architect, showing the premises sought to be licensed, the existing or proposed buildings and fences and their location, the size, height, and entrances of all buildings, the type of construction of buildings and a description of the equipment.
B. 
If the applicant is not the owner of the site where the licensed business is to be conducted, the owner's consent to the conduct of said business shall be endorsed on the application for such license.[1]
[1]
Editor's Note: Original Sec. 2D, Licensee's vehicles; fee; required lettering; affixing of tag; exhibiting vehicle license, added 5-12-1983 by Ord. No. 83-5, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 5-12-1983 by Ord. No. 83-5]
A. 
The license issued hereunder shall contain a description of the lands or premises on which any junkyard, motor vehicle salvage yard operation may be carried on.
B. 
No license issued hereunder shall entitle the licensee to operate thereunder at, in or on any lot, building or location other than that which is specified in said license. A separate license shall be required for each lot, building or location separated by Borough streets, public roads, public alleys or lands not specifically used for the purpose as set forth in this chapter.
C. 
The license issued hereunder shall not be transferable to any other location, nor shall said license be assignable, transferable or divisible in any manner.
[Added 5-12-1983 by Ord. No. 83-5]
No licensee hereunder shall receive in the line of his business any article or thing by way of pledge or pawn, nor shall be advance any sum of money on the security of any such article or thing.
[Added 5-12-1983 by Ord. No. 83-5]
Every keeper of a junkyard licensed under this chapter shall provide and keep a book in which shall be written at the time of each purchase:
A. 
A reasonable description of the article or articles purchased;
B. 
The name and address of the person from whom such purchase was made;
C. 
The date of such purchase;
D. 
The consideration paid therefor; provided, however, that the provisions of this section shall not apply to the purchase of old paper, old rags, old bottles or old newspapers. The said book shall, at all reasonable times, be open to inspection of any officials of the Borough or members of the Police Department of the Borough.
[Added 5-12-1983 by Ord. No. 83-5]
A. 
Any licensee who shall receive or have in his possession any goods, articles or thing which may have been lost or stolen shall immediately make a written report thereof to the office of the Chief of Police, setting forth a description of the article and the name of the person from whom received.
B. 
Upon demand, the licensee shall exhibit such reported article to the Chief of Police or other members of the Police Department of the Borough of Chesilhurst.
[Added 5-12-1983 by Ord. No. 83-5]
No scrap or junk referred to or itemized in § 280-1 of this chapter shall be kept on any sidewalk in the Borough, or in front of the place of business, or in the public road in front of the said premises conducted by the licensee under this chapter.
[Added 5-12-1983 by Ord. No. 83-5]
A. 
Any junkyard, motor vehicle salvage yard which may be conducted on any open lot in the Borough shall have said lot fenced in by a fence at least seven feet high, and so constructed as will keep within its bounds the contents of such lot or open space.
B. 
The fence shall be of uniform noncombustible construction. That portion of such fence which faces any public street, highway, or open lands or buildings not belonging to the licensee shall also be of solid rigid construction preventing a view of the interior of such junkyard, motor vehicle salvage yard. Cyclone fencing existing as of the date of the passage of this section and satisfying the height requirements of Subsection A of this section, may serve as a foundation for the attachment of a uniform material satisfying the requirements for a fence of solid uniform construction prohibiting a view of the interior.
[Added 5-12-1983 by Ord. No. 83-5]
Under no circumstances shall any of the contents of any junkyard or motor vehicle salvage yard be piled or stacked to a height in excess of the height of the fence specified in § 280-11A, unless such pile or stack shall be set back from the closest portion of such fence a distance equal to the height of such pile or stack.
[Added 5-12-1983 by Ord. No. 83-5]
All junkyard or motor vehicle salvage yard premises licensed under this chapter shall be kept free of noxious odors and vermin, insects and rats, shall not be permitted to become overgrown with weeds or other wild vegetation, and shall at all times be kept in such condition as will not endanger the public health.
[Added 5-12-1983 by Ord. No. 83-5]
All bottles shall be washed immediately upon receipt thereof; and shall be stored bottom side up.
[Added 5-12-1983 by Ord. No. 83-5]
No person operating or conducting a junkyard shall receive or purchase in connection with the junkyard business any goods, article or thing from any person whatsoever between the hours of 7:00 p.m. and 7:00 a.m.
[Amended 5-12-1983 by Ord. No. 83-5[1]]
Any member of the Camden County Department of Health and Human Services, the Health Officer of any authorized agent of said Board or Officer, or any member of the Police Department or any member of the governing body shall have the right at any and all reasonable times to inspect any and all lots and premises for the purpose of enforcing this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-12-1983 by Ord. No. 83-5]
A. 
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 for each and every violation or noncompliance be subject, upon conviction, to a fine not exceeding $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any violation must be remedied within five days from the imposition of said penalty. Failure to remedy within the five days shall constitute an additional separate violation, and for each additional five days or part thereof that such violation is permitted to exist after the first five-days' remedying period.
C. 
If there is no remedy exercised within the first five-day period, the Borough is hereby authorized to act so as to remove the violating material(s) at the expense of the violator in addition to any additional penalties imposed by the Municipal Court.