[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Allamuchy 7-18-1959 (Ch. 88 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 190.
[Amended 8-15-1959]
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 hereinafter described, shall be purchased, sold, stored,
repaired, renovated or restored within the Township of Allamuchy,
except that no premises shall be licensed as a junkyard within 250
feet of any residence, motel, church, school or any public building
or 150 feet from any public highway without first having obtained
a license for such purpose as hereinafter provided, except also that
this exception shall not apply to junkyards in existence at the time
of passage of this amendment.
For the purpose of this chapter, the following definitions are
hereby established:
Includes rags, scrap iron, shavings, borings, old dope, 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."
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 or association,
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
it.
Each application 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 Council of the Township of
Allamuchy.
The Township Council of the Township of Allamuchy may restrict
the number of licensed premises within the Township and may impose
such reasonable regulations and rules with regard to said business
so to be conducted not contrary to law as the Township Council of
the Township of Allamuchy 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 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 Allamuchy 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 Council of the Township of Allamuchy 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 granting
the same.
All persons, firms or corporations receiving such license or
licenses shall pay to the Township of Allamuchy an annual fee of $100
for each license issued.
Every person, firm, partnership or corporation to whom such
license may be issued shall, when engaging in business within the
Township of Allamuchy, be in possession of such license and is hereby
required to have such license on exhibition at all times.
The property upon which said business shall be conducted shall
be enclosed by a hedge or fence not less than six feet high nor more
than eight feet high. Said hedge shall be kept in a trimmed and neat
condition at all times where the said property is either entirely
or partly bounded by the said natural barrier. This section 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 Council of the Township
of Allamuchy.
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 representative of the Township of Allamuchy.
All goods, articles, merchandise or motor vehicles must be stored
and kept within the enclosed fence above described and not upon the
sidewalk, street or any part thereof.
No licensee or his agent shall knowingly buy, sell, receive,
dispose of, conceal or have in his possession any motor vehicle 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 Council of the Township of Allamuchy,
the Health Officer, the representative of the Township 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.
[Amended 8-15-1959; 4-1-1982]
It shall be unlawful for persons to deposit or leave more than
two unlicensed vehicles, automobiles, trucks 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 Council of Allamuchy and of the owner of such property.
Farmers may store farm machinery, wooden crates, haystacks and used
lumber on their own property for their own use if placed 250 feet
from another residence, motel, church, school or public building and
75 feet from any highway.[1]
[Amended 9-3-1981[1]]
Any person, firm or corporation who shall violate a provision of this chapter shall, upon conviction thereof, be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. 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.
Not more than two signs of 50 square feet each are permissible
and must be erected on the licensed property.
