[HISTORY: Adopted by the Township Committee of the Township
of Alloway 9-12-1957 by Ord. No. 45. Section 72-19 added and § 72-20
amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
For the purpose of this chapter, the following definitions are
hereby established:
Includes 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 of motor vehicles, old bottles, glass,
lumber, paper, discarded machinery or parts thereof and any other
secondhand articles or used materials and merchandise and such other
articles or things as commonly come within the classification of "junk."
This definition shall not include any building containing not more
than one short ton of "junk."
From and after the passage of this chapter, it shall be unlawful
for any person, firm or corporation to maintain, operate or conduct
a junk shop or junkyard in or upon which junk, as hereinabove described,
shall be purchased, sold, stored, repaired, renovated or restored,
within the Township of Alloway, without first having obtained a license
for such purpose as hereinafter provided.
Any person, firm, association, partnership or corporation 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:
A.
The name and residence of the applicant, and, if a firm, association,
partnership or corporation, the names and addresses of the officers
and the registered agent or partners.
B.
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 application shall contain the agreement that the applicant
accepts the license to be granted upon condition that it may be suspended
or revoked for cause at any time by the Township Committee. Any license
issued pursuant to this chapter may be revoked or suspended for cause
by the Township Committee.
A.
After the passage of this chapter, the number of junkyards to be
licensed in the Township of Alloway shall not be more than three.
B.
The Township Committee may impose such reasonable regulations and
rules with regard to said 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
of Alloway 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 conducting of
said business shall be endorsed on the said application.
The license shall authorize the licensee to conduct the said
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 said business
shall be accepted by the Township Clerk, there shall be presented
to him at the time of the making of said application a paid tax bill
by the Tax Collector of the Township of Alloway, indicating that said
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 the
31st day of December next after the granting of the same.
[Amended 12-13-1962 by Ord. No. 72]
All persons, firms or corporations receiving such license or
licenses shall pay to the Township of Alloway an annual fee of $75
for each license issued.
Every person, firm, partnership or corporation to whom such
license may be issued shall, when engaging in business with the Township
of Alloway, be in possession of such license and is hereby required
to have such license on exhibit at all times.
The junkyard shall be located at least 100 feet back from any
county or township road in the said township.
Any places of business already in existence shall comply with
the provisions of this chapter on or before January 1, 1958, and shall
be licensed from and after said date.
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 which may be alleged or specified
to have been stolen or lost shall forthwith upon demand to view the
same present the same to the police or any other officer or representative
of the township.
A licensee may burn junk upon the licensed premises, provided
that he uses a high degree of care and does not create a nuisance
in the neighborhood of the junkyard.
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.
Such premises shall be maintained only so long as the same shall
be fenced on all sides by a fence of at least eight feet in height
and so constructed that the business shall not be visible from the
exterior, and such fence shall be painted white or dark green.
Any member of the Township Committee or the Board of Health
shall have the right at any and all reasonable times to inspect any
or all parts of the licensed premises.
The Township Committee shall have the right to revoke any license
issued under this chapter whenever the holder thereof or any of the
licensee's agents or servants violate any provisions of this
chapter, the laws of the State of New Jersey or any rules or regulations
promulgated as herein provided. Prior to the revocation of a license,
a notice of the contemplated action of the Township Committee shall
be served upon the said licensee, setting forth such charges as may
be the reason for the said proposed revocation and the place, date
and hour when the Township Committee will hear the matter. The licensee
may be represented by counsel at such hearing.
Any person, firm or corporation 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 not to exceed the sum of $500 or be imprisoned in
the Salem County Jail for a period of not more than 90 days, or both.
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 10 days 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.
