[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin 1-13-1986 by Ord. No. 34-1985 (Ch. 76 of the 1976
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch.
280.
Public health nuisances — See Ch.
357.
It shall be unlawful for any person, firm or corporation to
keep, maintain or operate what is commonly known as "junkyard," covered
or uncovered, place or space, in the Township of Berlin, for the purpose
of buying, selling, exchanging or storing rags, old iron, brass, copper,
tin, lead or other metals, old rope, old bottles, old glassware, old
paper, old motor vehicles and other abandoned or nonusable vehicles,
without obtaining a license therefor in accordance with the provisions
of this chapter.
[Amended 4-29-2019 by Ord. No. 2019-3]
The Township Council of the Township of Berlin shall from time to time, on application, issue a license to any person as a junk dealer or to keep what is commonly known as a "junkyard" for the purpose of buying, selling, exchanging and/or storing all or any of said articles. Such license may be revoked at the option of the Township Council of the Township of Berlin for good cause shown on complaint, after due notice thereof and a hearing thereon. Any such license may be transferred from person to person without the payment of a further fee only upon the expressed approval of such transfer by resolution of the Township Council of the Township of Berlin. All such licenses shall expire on December 31 of each year. Such licenses may be issued for a portion of any calendar year after July 1 in any such year on payment of 1/2 of said license fee. The fee(s) payable hereunder shall be as set forth in Chapter
156, Fees.
Planning Board approval is required for all junkyards with appropriate
buffer strips as deemed necessary by the Planning Board. No license
can be issued without Planning Board approval.
No license issued hereunder shall entitle such licensee to operate
thereunder at, in or on any other lot, building or location than that
which is specified in such license. Junkyards shall only be permitted
in designated areas of the Township's Industrial Zone due to the nature
of the business and to protect the health, safety and welfare of the
residents and other land uses.
No licensee hereunder shall receive in the line of his, her
or its business any article or thing by way of pledge or pawn, nor
shall he, she or it advance any sum of money on the security of any
such article or thing.
No licensee hereunder shall purchase any goods, articles or
other things whatsoever from any person under the age of 15 years.
Any licensee hereunder who shall receive or be in possession
of any goods, articles or things which may have been or are lost or
stolen shall forthwith, on demand to view the same, present the same
to the Township Council of the Township of Berlin or such official
of the Township of Berlin delegated by it, or to the sanitary inspectors
of the Health Department of the Township of Berlin, or to the police
authorities in or having jurisdiction in the Township of Berlin.
[Amended 4-29-2019 by Ord. No. 2019-3]
Every person so licensed hereunder shall be entitled to keep two carts, wagons, trucks or vehicles for the purpose of collecting the junk articles above mentioned in the Township of Berlin; provided, however, that if said person so licensed as aforesaid desires to keep more than two carts, wagons, trucks, or vehicles, the licensee shall first apply to the Township Council of the Township of Berlin for such privilege and shall pay the sum as set forth in Chapter
156, Fees, for each additional cart, wagon, truck or vehicle; provided also that any licensee using any such cart shall be prohibited from any curbside pickup or interfering with the provisions of Chapter
280, Article
III, Recycling. All such collection vehicles shall have painted on the outside of such cart, wagon, truck or vehicle the full name of the licensee, the street and number, in plain letters which shall be not less than 2 1/2 inches in length.
Every person engaged in drawing or driving any cart, wagon,
truck or vehicle for the purpose of collecting rags, old iron, brass,
copper, tin, lead and other metals, old rope, old bottles, old glassware,
old paper, old motor vehicles and other abandoned or nonusable vehicles
shall at all times carry with him when so engaged the license issued
for said cart, wagon, truck or vehicle and shall exhibit the same
on demand to any sanitary inspector of the Health Department or to
any police officer of the Township of Berlin.
No rags, old iron, brass, copper, tin, lead or other metals,
old rope, old bottles, old glassware, old paper, old motor vehicles
or other abandoned or nonusable vehicles shall be kept on any sidewalk
in the Township of Berlin for pickup by any junkyard dealer or in
front of the place of business conducted by the licensee as a junkyard.
All bottles shall be washed immediately upon receipt of same
and shall be stored bottom-side up. All broken glass, before being
stored on any premises in the Township of Berlin for commercial purposes,
shall be washed and shall be kept clean and free of dirt, flies and
vermin at all times.
A. Height, gates, and setbacks. All junkyards shall be enclosed on all
sides by a fence or wall not less than seven feet above ground level,
except that such portions of the yard as face the street or highway
shall be enclosed by a solid wall or solid fence of the aforesaid
height. Any such wall or fence must have or contain gates and doors,
as part of said wall, for the purpose of ingress and egress. Any solid
wall or solid fence of any junkyard facing any street, road or highway
shall be set back at least 100 feet therefrom and at least 10 feet
from any side property line.
B. Height of junk piles. No junk shall be placed in piles or otherwise
stored so as to extend over or above the height of any fence contained
around said junkyard.
All such licensed premises shall be kept free of noxious odors
and vermin, insects and rats and shall at all times be kept in such
condition as will not endanger the public health.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to a fine not exceeding
$500 or to imprisonment for any term not exceeding 90 days, or both.