[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 78 of the 1994 Code of Ordinances. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Old or secondhand metal, bottles, glassware, hardware, paper, lumber, plumbing fixtures, dismantled or inoperable machinery or any other thing which is no longer used or usable for its intended purpose but which has value because of the parts or materials it contains, or four or more unregistered motor vehicles, which, in the opinion of the Superintendent of the Division of Inspections or his designee, are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or material shall, in the opinion of the Superintendent of the Division of Inspections or his designee, be equal in bulk to four or more motor vehicles.
- JUNK DEALER
- Any person who acquires, stores or collects junk for commercial purposes within the Township.
- Any place where junk is collected or stored, regardless of whether the place is covered or uncovered and regardless of whether it is located within any building or structure.
- MOTOR VEHICLE JUNK BUSINESS or MOTOR VEHICLE JUNKYARD
- Any business and any place of storage or deposit adjacent to or visible from a state highway, which displays, or in or upon which there are displayed, to the public view, two or more unregistered motor vehicles which, in the opinion of the Commissioner, are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been part of a motor vehicle, the sum of which parts or material shall, in the opinion of the Commissioner, be equal in bulk to two or more motor vehicles.
No person shall engage in business as a junk dealer or operate a junkyard within the Township without first obtaining a license to do so. The fee for a license under this chapter shall be as set forth in Chapter 215, Fees, of the Township Code, per year, and a separate license shall be required for each location at which the licensee conducts business.
Every person not licensed as a junk dealer but who intends using or authorizing the use of any cart, wagon, truck or vehicle in the Township for the collection, purchase or sale of any articles of junk shall make application to the Township Clerk and receive a license for that purpose and pay the sum as set forth in Chapter 215, Fees, of the Township Code, for each and every such cart, wagon, truck or vehicle.
In addition to the information required by § 285-2, an application for a license under this chapter shall be accompanied by the following: a plot plan in triplicate, drawn to scale, showing the dimensions of the premises, the location of all fences and screening and any other information which may appropriately be required for the effective enforcement of this chapter.
Editor's Note: Former § 78-4, pertaining to bonds, which immediately followed this section, was repealed 12-5-2012 by Ord. No. 12-053.
Where any person desires to obtain a permit from the Commissioner of Motor Vehicles for a motor vehicle junkyard in accordance with N.J.S.A. 39:11-1 et seq., such person shall deposit with the Township Clerk such fees as are provided for in the Act and comply with all provisions therein. Upon obtaining a permit under the Act from the Commissioner of Motor Vehicles, such person may obtain a Township license upon payment of a license fee as set forth in Chapter 215, Fees, of the Township Code; provided, however, that, in case such person shall desire to operate in any manner different from the operation permitted by the state permit, such person shall, in addition to the requirements set forth in N.J.S.A. 39:11-1 et seq., take out a regular Township license and pay the license fee provided in § 277-2A.
If the applicant for a license under this chapter is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall be endorsed on the application.
[Amended 12-5-2012 by Ord. No. 12-053]
In addition to the investigation provided for by § 285-4, the Department of Community Planning and Compliance shall inspect the premises for which a license under this chapter is desired, to determine whether the premises comply with the provisions of this chapter. The Department shall report the results of its investigation to the Municipal Clerk. No license shall be issued unless the report of the Department of Community Planning and Compliance is favorable.
[Amended 12-5-2012 by Ord. No. 12-053]
Upon receiving the report of the Department of Community Planning and Compliance, the Township Council shall set a date for a hearing upon the application for a license under this chapter and notify the applicant. After hearing all the evidence, the Township Council shall grant the license unless it is satisfied by a fair preponderance of the evidence that granting the license would unreasonably affect the public health, safety and welfare.
On an application for the renewal of an existing license, no hearing shall be required unless a formal complaint has been filed against the licensee alleging a violation of this chapter or other unlawful conduct.
Any application seeking enlargement of the licensed premises shall be regarded as an application for a new license.
The applicant for a license under this chapter shall, at least five days prior to the time appointed for hearing on the application, give personal notice to all property owners within 200 feet of the property lines of the proposed junkyard or junk shop. The notice shall be given either by handing a copy thereof to the property owners, or by leaving a copy at the usual place of abode of the property owners if the owners are the occupants of the property affected by the application or are residents of the Township.
If the owners are nonresidents of the Township, the notice may be given by sending written notice by registered mail to the last known address of the property owner as shown by the most recent tax lists of the Township. Where the owners are partnerships, service upon any partner as outlined in this subsection shall be sufficient, and, where the owners are corporations, service upon any officer as set forth in this subsection shall be sufficient.
The applicant shall, by affidavit, present satisfactory proof to the Township Council, at least three days prior to the hearing, that the notices have been duly served. Upon the hearing, any person may appear in person or by agent or by attorney.
All junkyards shall be enclosed by a solid wall or fence at least eight feet in height and so constructed that the interior of the junkyard will not be visible from a public street. The wall or fence shall be painted white, dark green or some similar color and shall be kept in good repair. It shall contain no more than two entrances or exits, each not less than 15 feet and not more than 20 feet wide. In place of a wall or fence, a junkyard may be enclosed by a planting of dense evergreen screening, provided that the screening is sufficient to prevent the interior of the junkyard from being visible from a public street. If such screening is used, the junkyard shall also be enclosed by a cyclone or similar type of chain-link fence erected inside the screening and sufficient to prevent unauthorized persons from gaining entrance.
Every person licensed under this chapter shall comply with the following regulations:
Fire prevention. Adequate precaution shall be taken in every junkyard to prevent fire from breaking out or spreading. No junk shall be stored within 15 feet of any frame building or within 10 feet of any fireproof building, and no explosives or extremely flammable materials shall be stored in a junkyard.
Open burning. The burning of junk or refuse material in the open air is prohibited.
Storage generally. Junk shall be stored in a manner that will permit customers of the junkyard and other persons to move about easily and without risking injury. No junk shall be stored within 10 feet of any sidewalk, and no junk shall be stored in such a manner that it may be easily dislodged or caused to fall.
Pest control. No licensee shall permit rodents, vermin or insects, or conditions likely to attract them, or any other unhealthy or unsanitary conditions to exist on the licensed premises.
Purchases from minors. No junk shall be purchased from any person under the age of 18 years.
Purchase or possession of vehicle with altered serial number or other identification. No licensee or agent or employee of a licensee shall purchase or have in his possession any motor vehicle or part of a motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, altered, concealed or destroyed. Any licensee or agent or employee of a licensee to whom such a motor vehicle or part is offered shall immediately report that fact to the Township Police Division.
Prohibited areas for storage of goods. No goods, articles, merchandise or motor vehicle shall be placed by the licensee on the sidewalk or any part thereof, or on or above the fence, or between the fence or any building and the sidewalk, nor shall the licensee use the street or any part thereof for the storage, repair or sale of goods, articles, merchandise or motor vehicles.
Payment of taxes. No license shall be granted or renewed if the applicant is indebted to the Township for taxes or if there are due any taxes upon the premises for which the license is sought.
Record of purchases. Every licensee shall provide and keep a book in which shall be written at the time of each purchase a description of the articles so purchased, the name and residence of the person from whom such purchase was made, and the date of such purchase. Such book shall at all reasonable times be open to inspection by the Chief of Police or any person who shall be duly authorized in writing for that purpose by him, who shall exhibit such written authority to such licensee.
Vehicles. Every person licensed shall be entitled to keep one cart, wagon, truck or vehicle for the purpose of collecting the junk articles in the Township; provided, however, that, if the person so licensed desires to keep more than one cart, wagon, truck or vehicle, the licensee shall apply to the Township Clerk, who shall authorize the vehicle to be used, and the licensee shall cause to be painted on the outside of such cart, wagon, truck or vehicle the name of the licensee at length and the street and number of the licensee's place of business in plain letters. The letters shall be not less than 2 1/2 inches in length, and the licensee shall also attach to one side of every such cart, wagon, truck or other vehicle a metal tag bearing the number of the vehicle.
Inspections. All licensed premises shall be open to inspection at any reasonable time by the Building Inspector, the Health Officer, any member of the Township Council, any member of the Police Division or any other duly authorized municipal official for the purpose of ascertaining whether the provisions of this chapter and other applicable laws and ordinances are being complied with.