[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 8-14-1975 by Ord. No. 75-8. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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]
Refers to a person who keeps, maintains or operates a junkyard
in the Borough.
[Added 5-12-1983 by Ord. No. 83-5]
Any publicly or privately owned lot or parcel of real property
within the Borough of Chesilhurst and any premises, buildings or structures
thereon.
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]
Any person, partnership, firm, association, corporation,
company or organization of any kind.
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
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.
[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.
[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]
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.
