[Ord. 162, 5/4/1953, § 1]
No person or persons, association, partnership, firm or corporation
shall hereafter in the Township of Elizabeth, keep, conduct, maintain
any building, structure, yard or place for keeping, storing, or piling
in commercial quantities, whether temporarily or continually or for
the buying or selling at retail or wholesale or dealing in any old,
used or second hand, material of any kind including cloth, rags, clothing,
paper, rubbish, bottles, rubber, iron, brass, copper, or other metal,
furniture, used motor vehicles, or other parts thereof, or other articles
which from its worn condition renders it practically useless for the
purpose for which it was made and which is commonly classed as junk,
whether with a fixed place of business or as an itinerant peddler
without first having obtained and paid for a license as hereinafter
provided. One carrying on the aforesaid business shall be referred
to herein as a junk dealer.
[Ord. 162, 5/4/1953, § 2]
Every applicant for a license to engage in the business of junk
dealing shall file with the Township Secretary a written application
upon a form prepared and provided by the Township, signed by the applicant
or applicants. Said application shall state:
1. The names and addresses of the applicants, if any individual, partnerships
or firm or the names of the principal officers and their residence
if the applicant is an association or corporation.
2. The length of time such applicant or applicants, if an individual,
firm or partnership, or the manager or person in charge of the applicant
is a firm or corporation, has or have resided in the Township of Elizabeth,
his or their places of previous employment, whether married or single,
whether he or they or any of them have been convicted of a felony
or misdemeanor and if so what offense, when and in what court.
3. Whether the applicant or applicants or officers or managers of applicants
had been employed by a junk dealer or had been junk dealers.
4. The detailed nature of the business to be conducted and the kind
of materials to be collected, bought, sold or otherwise handled.
5. The premises where such business is to be located or carried on.
Each application shall contain an agreement that the applicant
accepts the license if granted upon the condition that it may be suspended
for cause at any time by the Order of the Board of Township Commissioners.
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[Ord. 162, 5/4/1953, § 3]
Every application for a license to engage in the business of
junk dealing shall be signed and acknowledged before a notary public
or other officer authorized to administer oaths in the Township of
Elizabeth.
Every application shall be accompanied by a bond to the Township
of Elizabeth approved as to form by the Township Solicitor in the
penal sum of $500.00 with a surety or sureties, or collateral security
approved by the Board conditioned for the due observance during the
term of the license of all laws, ordinances, rules and regulations
which are now in force or may hereafter be adopted by duly constituted
authorities applicable to junk dealing.
[Ord. 162, 5/4/1953, § 4]
The Secretary shall report such applications to the Ordinance
Officer, who shall inspect or cause to be inspected such premises
to determine whether it complies with all laws, ordinances, rules
and regulations. Said premises and all structures therein shall be
so situated and constructed that the business of junk dealing may
be carried on in a sanitary manner, shall contain no fire hazards
and shall be arranged so that thorough inspection may be made at any
time by the proper health, fire, buildings and police authorities.
Each of the premises upon which the business of junk dealing
is to be carried on shall be enclosed by a proper fence or other structure
not less than seven feet (7') in height, constructed so that
no dust or other material may pass through. Said enclosure shall be
maintained in good condition at all times. No articles shall be piled
so as to protrude above said enclosure.
[Ord. 162, 5/4/1953, § 5]
Upon the filing of the applicant and due compliance with the
several provisions of this Part, the Secretary shall, upon payment
of the license fee, issue to the applicant a license to engage in
business as provided in § 401. No license shall be refused
except for a specified reason. All licenses shall be numbered in the
order in which issued and shall state clearly the location of the
junk business, the date of issuance and expiration of the license
and the name and address of the licensee.
[Ord. 162, 5/4/1953, § 6; as amended by Ord. 561,
6/1/1987]
Every junk dealer shall pay an annual license fee, in accordance
with the fee schedule established by resolution of the Board of Commissioners.
[Ord. 162, 5/4/1953, § 7]
Every holder of a junk dealing license shall at all times keep
said license posted while in force in a conspicuous place on the premises
described in the application for such license. It shall be unlawful
for any person to post it upon the premises other than those mentioned
in the application or knowingly to deface or destroy any such license.
[Ord. 162, 5/4/1953, § 9; as amended by Ord. 561,
6/1/1987; and by Ord. 577, 8/1/1988, § 2M]
Any person, firm or corporation who shall violate any provision
of this Part 4 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000.00; and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this Part 4 continues
shall constitute a separate offense.