[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 6-5 of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater control — See Ch. 258.
Zoning — See Ch. 320.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Any old, discarded or unused waste, iron or other material or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines in whole or in part, unregistered motor vehicles which are unfit for reconditioning or for sale for highway transportation, used parts of motor vehicles, and any material commonly known and generally referred to as "junk" in the ordinary meaning of the word, acquired or collected commercially.
JUNKYARD
Any lot of land or any store, shop or other building within the Town in which or on which junk is placed, collected, stored or kept.
RETAIL JUNK DEALER
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."
WHOLESALE JUNK DEALER
A person who buys and sells junk in large quantities and who maintains a warehouse, yard or other place of business where junk is purchased or collected in large quantities or is 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 Council. A separate license shall be required for each place of business and for each vehicle maintained by junk dealers. The Council shall grant licenses to such and so many persons as it shall think proper, which persons shall be of good moral character.
A. 
An investigation shall be made as provided in § 171-3, except that it shall be performed by the Police Chief, Fire Chief, Construction Official and Zoning Officer. After an investigation is completed, the Clerk shall transmit the application together with any related reports and recommendations for approval or disapproval to the Council. If the Council shall find that all of the terms of this chapter have been complied with and that the issuance of the license will not be detrimental to the health, safety, and welfare of the residents of the Town, the license shall be issued by the Clerk upon resolution being duly passed by the Council and after payment of the license fee.
[Added 11-26-2007 by Ord. No. 2007-27]
B. 
In addition to the information required in § 171-2, the application shall state the place where the licensed business is to be conducted, giving the street frontage and approximate depth of the premises or, in case such license is sought for a vehicle, shall contain a detailed description of such vehicle.
The fee for a license under this chapter shall be as set forth in § 100-3 and shall not be prorated.
The Clerk shall issue to each person to whom a license has been granted by the 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. The certificate shall be displayed in a conspicuous place upon the licensed premises at all times, or in the 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, the words "Town of Newton licensed junk dealer #____________, expires December 31, ____" with the number of the license and 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 Town of Newton with good and sufficient surety to be approved by the Council, in the penal sum of $200 conditioned for the due observance of all ordinances of the Town relating to the business of retail junk dealer. The bond shall also be approved as to form by the Town Attorney.
A. 
No junk dealer shall receive in connection with his business any articles or materials by way of pledge or pawn; nor shall he lend or advance any money on the security of such articles and materials.
B. 
No junk dealer shall receive or purchase any articles or materials or other things whatsoever from any person under the age of 16 years, or which are known to him to have been stolen or converted.
C. 
Each 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. The 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 purchase.
D. 
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 Town as having been lost or stolen, and the articles or materials or any portion of them shall then be in or thereafter come into the possession of any junk dealer, the 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.
E. 
The make, model, engine number and serial number of all motor vehicles received by any junk dealer shall be reported to the Chief of Police within 24 hours after the receipt thereof, and before the same are dismantled or otherwise disposed of.
F. 
All fluids, gasoline, fuel or other explosive materials shall be drained and removed from any motor vehicle within 24 hours after it is purchased or received by any junk dealer; and gasoline, fuel or other explosive material shall either be removed from the premises to a sufficient depth so that the top of the tank shall not be nearer to the surrounding ground level than 2 1/2 feet; and the tank, together with the filling parts and vents, shall not be placed within 20 feet of any building located on the premises or upon any adjacent premises and shall be at least 50 feet from the curbline of any public street. All fluids, gasoline, fuel or other explosive material removed from motor vehicles must be in compliance with NJDEP regulations and NJDEP and Chapter 258, Stormwater Control, of the Code of the Town of Newton.[1]
[1]
Editor's Note: Former Subsection g, which immediately followed this subsection, was repealed 11-26-2007 by Ord. No. 2007-27.
G. 
No junk dealer shall stack, pile or place any junk vehicle or other junk in or upon any junkyard in such a manner as to create a fire or safety hazard, collect significant water, cause seepage of hazardous materials into the ground or create a place for the harboring or breeding of mosquitoes, rats, mice or vermin.
H. 
No junk dealer shall permit any junk to be or remain on any street or sidewalk of the Town or in front of the place of business conducted as a junkyard.
[Amended 11-26-2007 by Ord. No. 2007-27[1]]
The Health Officer, Construction Official, Fire Official, Public Works Director, and Zoning Officer are authorized and directed to make periodic inspections of all licensed junkyards in the Town for the purpose of ascertaining that the business is being conducted on the licensed premises in accordance with the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating the provisions of this chapter shall be punishable as provided in Chapter 1, Article III, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).