[HISTORY: Adopted by the Township Council of the Township
of Hamilton as Ch. 78 of the 1994 Code of Ordinances. Amendments noted
where applicable.]
[Amended 4-7-2020 by Ord.
No. 20-015]
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 Construction 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 Construction
Inspections or his designee, be equal in bulk to four or more motor
vehicles.
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.
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.
A.
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.
B.
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.[1]
[1]
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; 4-7-2020 by Ord. No. 20-015]
In addition to the investigation provided for by § 285-4, the Department of Community and Economic Development 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 and Economic Development is favorable.
[Amended 12-5-2012 by Ord. No. 12-053; 4-7-2020 by Ord. No. 20-015]
A.
Upon receiving the report of the Department of Community and Economic
Development, 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.
B.
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.
C.
Any application seeking enlargement of the licensed premises shall
be regarded as an application for a new license.
A.
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.
B.
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.
C.
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:
A.
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.
B.
Open burning. The burning of junk or refuse material in the open
air is prohibited.
C.
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.
D.
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.
E.
Purchases from minors. No junk shall be purchased from any person
under the age of 18 years.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
