[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1971 by Ord. No. 30-71 (Ch. 71 of the 1972
Code)]
No person or persons, firm or corporation shall engage in the
business of keeping a junkyard or salvage yard, that is, no person
or persons, firm or corporation shall keep and maintain a yard, space
or place, covered or uncovered, in the Township of Jackson for the
purpose of buying, taking in trade, selling, exchanging or storing
rags, old metals, old bottles, old glassware, old tinware, old iceboxes,
old refrigerators, old paper, old lumber, old building supplies, old
furniture, old plumbing fixtures, old unlicensed automobiles, dismantled
old automobiles or parts thereof, motor vehicle junk or any other
old material commonly called junk or salvage, without being licensed
so to do by the governing body of this municipality; provided, however,
that this shall not prohibit the storage of old material to be used
by the person or persons, firm or corporation storing the same for
manufacturing purposes upon the same subject premises.
For the purposes of this article, the following terms shall
have the meanings indicated:
The items described in § 239-1 heretofore.
Any person, firm association, partnership or corporation
who buys, takes in, sells, exchanges or otherwise acquires junk or
salvage for commercial purposes within the Township of Jackson or
who collects or stores junk or salvage therein, and shall include
any automobile wrecking business, the sale or storage of used auto
parts and the sale or storage of used lumber, used plumbing fixtures
or appliances or other used or secondhand articles.
Any land within the Township of Jackson upon which junk or
salvage is placed, collected, stored, traded in or exchanged or kept
for commercial purposes.
Any open-air plot of ground, yard or parcel of land consisting
of part of one lot, or one or more lots, as set forth in the Tax Map
of the Township of Jackson, and which parts of the lot or lots are
adjacent and contiguous to each other and, if described by metes and
bounds, would have one continuous and uninterrupted boundary line.
A.
No such license shall be issued until the applicant shall have made
and filed with the Township Clerk written application in triplicate
on forms furnished by the Township, and which application shall provide:
(1)
The name and address or residence of the applicant, and if a firm,
association, partnership, limited partnership or corporation, the
names and addresses of the officers, registered offices and registered
officer, if any. In the event the applicant is an association, partnership,
limited partnership or corporation, it shall also list the names and
addresses of all active and inactive members, partners, stockholders
and any person who has or holds any beneficial interest in and to
the capital stock of any such entity or corporation. Where the applicant
is a corporation, a certificate of good standing of the corporation
attested to by the Secretary of State shall also be furnished with
the application. In the event the applicant is an individual, he shall
set forth his interest in the business and list the names and addresses
of any other person or entity that has an interest directly or indirectly
in the business to be conducted upon the subject premises.
(2)
The street address and lot and block numbers on the Township Tax
Map of the premises desired to be licensed.
(3)
If the applicant is not the owner of the site where the business
is to be licensed and conducted, the owner's consent to conduct
the business on his land shall accompany the application.
(4)
Each application shall have attached thereto an accurate sketch or
drawing of the property desired to be licensed, showing the names
and locations of all public highways adjoining the premises, the dimensions
in feet of the said premises, the lot and block numbers on the Tax
Map of said premises and the names and addresses of all real property
owners within 200 feet of the premises sought to be licensed.
(5)
A detailed summary of the nature of the business to be carried on
on the premises.
(6)
A receipted real estate tax bill for the subject premises.
B.
In making his application for a license or renewal, the applicant
shall give written notice to all property owners within 200 feet of
the proposed licensed premises of his intention to apply for such
license. Such notice shall be served either personally or by registered
mail, return receipt requested, at least 10 days before the application
is filed with the Township Clerk. Written proof of such service in
affidavit form shall accompany the application for a license.
A.
The licensed premises shall be subject to official inspection at
any time by the governing body of the municipality, as well as its
agent and employees acting in an official capacity, and by any police
officer or the Health Inspector, members of the local Board of Health,
the local Fire Commissioner and representatives of the local fire
company desiring to make an inspection of the licensed premises.
B.
Every license issued hereunder shall be kept in a conspicuous place
on the licensed premises and shall be procured and made available
for inspection by authorized officials as herein provided.
C.
Prior to the issuance of any license or renewal thereof, the Building
Inspector or his assistant shall inspect the licensed premises as
soon as practicable upon receipt of the application for a license
or renewal thereof, and he shall make his written report to the Township
Committee of approval or disapproval of the operation at the subject
premises, setting forth his reason for any disapproval. The Township
Clerk shall notify the applicant in writing of any disapproval and
transmit the reason thereof to the applicant. Thereafter, the applicant
shall rectify any and all conditions in violation of this article
forthwith, and, upon correction, the applicant shall notify the Township
Clerk and the Building Inspector in writing of the corrections made,
and the Building Inspector or his assistant shall reinspect the premises
as soon as practicable and make his written report to the Township
Committee. No license shall issue unless and until the applicant has
complied with all the requirements of this article and corrected any
deficiency as determined by the Building Inspector or his associate
pursuant to this article.
D.
Upon receipt of the application, the Township Clerk shall forward
a copy of same to the Township Police Department, which shall forthwith
investigate the character and background of the applicant or, if the
applicant is a legal entity, the character and background of the principals,
partners, stockholders or any person holding a beneficial interest
therein, or of a firm or limited partnership holding a benefit in
such entity. The investigation shall be concluded as soon as practicable
and a written report thereof shall be transmitted to the Township
Clerk by the Police Chief or such official as designated by the Chief
of Police.
E.
Upon receipt of written approval from the Building Inspector or his
assistant and from the Police Department and subject to the approval
as required hereunder, the Township Clerk may place the application
on the agenda for consideration by the Township Committee. A license
or renewal thereof may only be granted by the Township Committee at
a public meeting and upon compliance by the applicant with this article
and such other applicable ordinances of Jackson Township.
The licensee shall:
A.
Maintain the licensed premises in a safe manner, and particularly
the premises shall be kept free of rats, weeds, brush, dry leaves,
unbound or loose papers and stagnant water in such quantity as to
be a hazard to the health or well-being of the general public or the
comfort of adjacent or nearby property owners or residents.
B.
Maintain the licensed premises in a sightly manner, with due regard
to the public safety of persons and property in the vicinity in which
the junkyard is located, and particularly the junk shall not be so
piled or placed as to endanger any person upon the licensed premises,
on adjacent property or on any public highway. The junk and debris
on the licensed premises shall be so secured that it may not escape
said premises or be permitted to be promiscuously blown about on the
licensed or other premises.
C.
Not set or permit any outdoor fire on the licensed premises.
D.
Stack, pile or arrange the merchandise and personal property on the
licensed premises in such manner that a fire truck, police car or
first-aid ambulance may have at least one open and unobstructed driveway
to and across each licensed premises, with appropriate open space
for turnaround or other means of entrance and exit in all cases. The
licensee shall not stack junk or salvage material, including automobiles,
higher than six feet.
E.
Be a citizen of the United States of America if the licensee is a
natural person or persons. If the licensee is a corporation, it shall
be a corporation of New Jersey or be duly licensed to do business
in New Jersey, have a principal office in this state and have a registered
agent in charge thereof upon whom process of service can be made.
F.
Construct a solid fence at least seven feet high so that the contents
of any junk- or salvage yard are entirely enclosed on all sides. Said
fence shall be sightly and shall not be constructed from materials
of different quality, types or dimensions and shall be maintained
and painted so as not to detract from the surroundings. Said fence
shall be kept in good repair at all times and shall have no openings
through which persons or animals may enter, except for doors or gates
necessary for ingress and egress to said junkyard, which said doors
or gates shall be kept closed at all times except when actually needed
for ingress or egress. The doors or gates herein described shall not
exceed 15 feet in width, and there shall be no more than two such
openings. Where the topography, natural growth of timber or other
considerations create a natural barrier which accomplishes the purposes
of this section in whole or in part, the fencing requirements hereunder
may be reduced by the Township Committee at the time of the granting
of the annual license; provided, however, that such natural barrier
conforms with the purposes of this section.
[Amended 4-26-1977 by Ord. No. 11-77]
G.
Make certain that each entrance and exit to the licensed premises
is well-marked as such by appropriate signs and permit automobiles
to enter and leave the licensed premises only at established entrances
and exits, respectively. The purposes of the provisions of this subsection
are to prevent cars from promiscuously or surreptitiously entering
and leaving the licensed premises, thus preventing interference with
traffic upon the adjacent public highway and lessening the likelihood
of accidents and injuries, and to permit observation of the licensee's
operation by those municipal officials who are charged hereunder.
No damaged or disabled vehicle, junk or salvage materials shall be
parked, stored or placed outside the limits of this fence. Said fence
shall be constructed by each licensee within six months from the date
of adoption of this article and shall otherwise comply with all zoning
requirements respecting setbacks and side yard requirements for structures.
H.
Not purchase anything from a person under the age of 18 years, unless
accompanied by his or her parent, guardian or person standing in the
place and stead of parent or guardian to such minor.
I.
Not make or permit excessive noise on the licensed premises so as
to unreasonably disturb adjacent or nearby residents in the quiet
enjoyment of their properties or so as to be detrimental to the health
and well-being of the residents in the immediate vicinity of the licensed
premises. No motor vehicle or junk or salvage shall be stored, bought,
sold, exchanged, traded in or dismantled within 500 feet of any dwelling
house, place of residence, church, school, auditorium, place of public
gathering or like place, except such dwelling house as may be situated
on the licensed premises.
J.
Take precaution to safeguard all inflammable, combustible or explosive
materials from fire, and no licensee shall stack, pile or place junk
upon the licensed premises in such manner as to create a fire hazard.
In addition, all gasoline, fuel or other explosive material shall
be drained and removed from any motor vehicle within eight hours after
it is received on any premises licensed as a junkyard, conducted by
a junk dealer, located in the Township of Jackson, and said gasoline,
fuel or other explosive material shall be either removed from said
premises or kept in a leakproof tank buried on said premises at a
point not closer than 100 feet from any dwelling house and to a sufficient
depth so that the top of the tank shall not be nearer to the ground
level than 2 1/2 feet, which tank shall be located within the
permissible portion of the premises, as hereinafter set forth in this
article, at which said business is conducted.
K.
Not conduct his business in any junkyard or salvage yard as defined
in this article at any point on said premises which shall be located
nearer than 150 feet from any street or highway nor nearer than 50
feet to any of the side lines of said premises where said side lines
are more than 150 feet from any street or highway which does not run
parallel with or along the front of said premises; provided, however,
that these setback provisions shall not apply to junkyards already
in existence and operating prior to the adoption of this article.
[Amended 12-5-1972 by Ord. No. 34-72]
Every licensee shall be required to keep a written book or record in bound form at the licensed premises. Said book or record shall contain a legible daily record of the description of all articles purchased, the name and address of the person from whom each was purchased and the price paid. Said book or record shall be open to inspection at any reasonable time requested by any of the persons or officials named in or referred to in § 239-4 hereof.
A.
Such application shall be accompanied by cash or a certified check,
payable to the order of the Township of Jackson, in a sum equal to
the entire annual license fee, which is hereby fixed at the sum of
$350. In the event the license is refused, said fee, less $150 to
defray and cover the cost of inspections and processing the application,
shall be returned to the applicant. If the application for the original
license is for part of the licensed year only, the fee shall be prorated
on a monthly basis, but in no event shall it be less than $200.
B.
The license fee imposed herein is expressly declared to be imposed
for regulation and for revenue.
All licenses issued pursuant to the provisions of this article
shall expire at 12:00 midnight on December 31. An application for
renewal shall be filed with the Township Clerk on or before November
1 of the year of expiration.
A.
A separate license shall be obtained for each separate location at
which the business of the licensee is conducted and the license shall
authorize the licensee to conduct the said business only at the place
specified in the license.
B.
No license shall be transferable from one location to another unless
and until:
(1)
The latter location complies with this article.
(2)
Written application has been made for such transfer, which application
shall show the same general items as to the applicant and the premises
as are required for the original license.
(3)
A transfer fee of $250 has been paid to the Township of Jackson.
(5)
The landowner's consent to the license, such as is required by § 239-3A(3), where the applicant is not the owner of the land site for the license, shall also accompany the application for transfer.
(6)
The license has been endorsed by the Township Clerk of the Township
of Jackson after adoption of a resolution by the Mayor and Township
Committee approving the same, which approval shall be granted upon
the licensee's satisfying all of the requirements of this article
as to the new location, and with the further provision that the licensee
is not at the time of the application in violation of any provision
of this article.
No license shall be granted for or transferred to any land site
or premises where such business is forbidden by any legal ordinance.
No transfer of license from one person or entity to another
person or entity shall be made except upon written application signed
by the person or entity desiring to secure the transfer and bearing
the written consent of the then licensee. Such application shall be
accompanied by a transfer fee of $250. The proposed transferee shall
be capable of qualifying as an original licensee and shall file an
application as provided for in this article.
A.
No license shall be issued to or be outstanding in the name of any
person convicted of a crime involving moral turpitude, breaking and
entering, robbery, larceny or receiving stolen goods. In the event
the applicant or licensee is a limited partnership, firm or corporation,
no license shall be issued or be outstanding where any principal of
the entity or stockholder of such corporation would not qualify individually
for a license pursuant to this subsection.
B.
No person convicted of any of the foregoing crimes shall be employed
by any licensee without prior approval of the Township Committee.
Prior to such approval being given, the Jackson Township Committee
shall request the Jackson Township Police Chief to make an investigation
regarding such person, and the Chief shall file his reports and recommendations
with the Township Committee within 30 days of receipt of such written
request.
Any person, firm, association, partnership or corporation, or
agent, servant or employee thereof, who shall violate any provision
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $500 or imprisonment in the county jail for
a term not to exceed 90 days, or both.
In connection with the violation of this article, each day such
violation shall be continued shall be deemed and taken to be a separate
and distinct offense and violation thereof.
A.
Whenever the authorized Jackson Township official shall determine
that there are reasonable grounds to believe that there has been a
violation of any provision of this article or of any rule or regulation
adopted pursuant thereto, he shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided,
and said official shall also notify the Township Clerk and the Township
Committee of such alleged violation in writing.
(1)
Such
notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent, provided that such notice
shall be deemed to be properly served upon such owner or agent if
a copy thereof is served upon him personally, or if a copy thereof
is sent by certified mail to his last known address, or if a copy
thereof is posted in a conspicuous place in or about the junkyard
or salvage yard affected by the notice or if he is served with such
notice by any other method authorized or required under the laws of
the state.
(2)
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article and with
rules and regulations adopted thereto. Any person affected by any
notice which has been issued in connection with the enforcement of
any of the provisions of this article or any rule or regulation adopted
pursuant thereto may request and shall be granted a hearing on the
matter before the Township Committee, provided that such person shall
file in the office of the Township Clerk a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor
within seven days after the day the notice was served. Upon receipt
of such petition, the Township Clerk shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than seven days after the
day on which the petition was filed, provided that, upon application
of the petitioner, the Township Committee may postpone the date of
the hearing for a reasonable time beyond such seven-day period if,
in its judgment, the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing, the Township Committee
shall sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this article and the rules and regulations
adopted pursuant thereto have been complied with. If the Township
Committee sustains or modifies such notice, it shall be deemed to
be an order, which, at the discretion of the Township Committee, may
operate as a revocation of a junkyard or salvage license. Any notice
served pursuant to this article shall automatically become an order
if a written petition for a hearing is not filed in the office of
the Township Clerk within seven days after such notice is served.
The proceedings at such hearing, including the findings and decision
of the Township Committee, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Township
Clerk. Such record shall also include a copy of every notice or order
issued in connection with the matter. Any person aggrieved by the
decision of the Township Committee may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of this state.
B.
Whenever the authorized official of the Township of Jackson shall
find that an emergency exists which requires immediate action to protect
the public health or safety, he may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency.
Notwithstanding the other provisions of this article, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately but, upon filing a petition with
the Township Clerk, shall be afforded a hearing within 72 hours of
the receipt by the Clerk of such petition. After such hearing, depending
upon its findings as to whether the provisions of this article and
the rules and regulations adopted pursuant thereto have been complied
with, the Township Committee shall continue such order in effect,
modify it or revoke it.
[Amended 11-23-1987 by Ord. No. 39-87; 5-13-1991 by Ord. No. 18-91]
There shall be no more than four junkyard or salvage yard licenses
issued in and for the Township of Jackson.
[Adopted 9-21-1954 (Ch. 104 of the 1972 Code)]
No person shall, after the effective date of this article, begin
or continue to deal in secondhand motor vehicles and parts thereof
in this Township unless and until a license for each such dealer is
procured pursuant hereto.
No license shall be considered or issued hereunder to any such
dealer unless and until:
A.
A written, signed application is made by such dealer on forms therefor
to be provided by the Township. Said forms shall make provision for
applicant to furnish information giving the area, dimensions, location,
road frontage, name and address of owner of land where business is
proposed to be conducted, name and address of applicant, consent of
owner of said lands for the conduct of such business thereon, the
precise location on premises where business will be located and conducted,
reference to deed by which owner acquired said land and its recordation
when recorded, and showing all dwellings within 500 feet of proposed
site on which business shall be conducted. Said applicant shall also
state in his application whether he has ever been convicted of crime,
and if so, when, where, nature of crime and penalty imposed.
B.
A fee of $25 is paid to the Township. Said fee shall be an annual
fee for each license granted. If application is rejected, $10 of said
$25 shall be retained by the Township to cover its charge for investigating
application, and the remaining $15 shall be returned by the Township
to applicant.
No such dealer shall be granted a license where the premises
on which he intends to conduct his business shall be within 500 feet
of any public highway, unless and until a tight, nontransparent fence
six feet in height shall be constructed and maintained between said
business site and highway. Said fence may have opening or openings
for ingress or egress, which opening or openings shall be made of
same or comparable material as fence.
No more than four such licenses shall be in effect at the same time. If any side or rear line of any such premises on which a dealer is to operate his business shall be within 75 feet of the property line of another person, such side or rear line and the motor vehicles and parts on the licensed premises shall be shielded from view by similar fence as provided for in § 239-19 or by evergreen trees or otherwise.
[Amended 4-13-1976 by Ord. No. 18-76]
Licenses shall be issued by the Township Clerk for such secondhand
vehicle dealers as shall hereafter be approved for such licenses by
the Township Committee. Such licenses shall be issued on an annual
basis with a term commencing as of April 1 and terminating as of March
31 following.
The licensee shall conduct his business with minimum noise,
consistent with efficient operation of his business. The purpose of
this provision is to prevent, so far as practical, annoyance from
noise by dealer in the operation of his business to adjacent residents.
Licensee shall at all times keep the premises on which he conducts
his business in such manner that same shall not constitute a fire
hazard or menace.
As used in this article, the following terms shall have the
meanings indicated:
Includes an individual, individuals, partnership and corporation.
Nothing herein shall be construed to conflict with any state
law regarding automobile or motor vehicle junkyards.
[Amended 12-5-1972 by Ord. No. 34-72]
Any person convicted of a violation of this article shall, upon
conviction, be subjected to a penalty of a fine not exceeding $500
or imprisonment in the Common Jail of the County of Ocean for a term
not exceeding 90 days, or both, in the discretion of the Judge before
whom said conviction is had.
