[HISTORY: Adopted by the Township Committee of the Township of Morris as indicated in article histories. Amendments noted where applicable.]
Article I Automobile Junkyards
[Adopted 3-24-2004 by Ord. No. 1-04 (Ch. 42, Art. I, of the 1969 Code)]
The following definitions shall apply in the interpretation and enforcement of this article:
- AUTOMOBILE JUNKYARD
- An area or location utilized for the dismantling of motor vehicles, the separation of parts of motor vehicles and the resale of used but serviceable parts of motor vehicles resulting from the operation of the junkyard.
- BUSINESS PREMISES or PREMISES
- The area of a junkyard in a junk dealer's license or application for license, as provided for in this article.
- The annual authority issued by the Township of Morris for a one-year period ending on June 30 of each year authorizing the continued operation of the junkyard, issued to any person, firm, partnership, association, incorporation, company or organization of any kind.
It shall be unlawful for any person to use any open-air plot of ground, yard or parcel of land or building for the purpose of purchasing, selling, exchanging or storing the materials described herein under the definition of "automobile junkyard" in § 310-1 above, without first possessing a license therefor.
Any person desiring to obtain or renew a license to engage in the automobile junkyard business shall make a separate application each year, in writing, to the Municipal Clerk for the granting of a separate and distinct license for each location where the business is being maintained and operated.
The application shall consist of a survey or plot plan upon which shall be specifically and clearly denoted the parcel of land sought to be used and the area of said parcel upon which the junkyard operation is proposed to be conducted. The survey or plot plan shall show the respective areas of the parcel to be used for different operations, i.e., dismantling, sale, office, customer parking, elimination, sanitary facilities, storage and the like. The map or plot plan shall also give the lot dimensions and the approximate dimensions of the areas within the premises used for the various aspects of the automobile junkyard. The plot plan shall also specifically contain, together with such additional details as may be required by the Fire Department of the Township of Morris, the designated areas for the recovery of motor vehicle fluids, including but not limited to antifreeze, oil, gasoline and gear oil.
Upon the receipt of an application for an automobile junkyard license, the Municipal Clerk shall furnish copies to the Chief of the Fire Department of the Township of Morris, the Health Department, the Zoning Office and the Police Department of the Township of Morris.
The appropriate representative of each department shall approve the application only in the event that the automobile junkyard is being operated in conformity with the requirements of the applicable codes and requirements of this article.
The licensee must furnish proof of all applicable New Jersey DEP and federal EPA permits, and that the terms and conditions of the same have been complied with.
All persons receiving a license to operate an automobile junkyard shall pay to the Township of Morris an annual license fee in the amount of $250 for each license. The license shall be plainly displayed on the business premises.
Any license or renewal license issued hereunder shall be effective as of the date of issuance or July 1 of the year of issuance, whichever is later, and shall expire on June 30 at 12:00 midnight. Application for renewal license shall be made not later than May 1 of the year of issue.
It shall be a condition of any license issued pursuant to this article for any automobile junkyard that is conducted on an open-air plot of ground, yard or parcel of land that the premises shall be enclosed by a solid surface wall or fence. The fence shall be not less than seven feet nor more than eight feet in height from the ground, substantially and continually constructed, straight and true and plumb to the ground. The fence shall be opaque and shall be such that persons outside the premises shall not be able to see through the fence to the automobile junkyard. The fence may contain such gate or gates as are necessary; however, the gates shall also be designed to be opaque. The fence shall at all times be maintained in good condition, properly painted, and shall not be used for purposes of display or storage of any of the materials offered for dismantling or sale in the automobile junkyard. Junk shall not be hung, suspended or attached to the fence. Junk shall not be piled or placed so as to be visible above the fence. Any and all advertisements placed or printed on the fence shall be confined solely to the advertisement of the licensee's business and shall be only such as either presently exist or otherwise approved by the approving authority and in accordance with Chapter 95, Article VI, Signs, of the Code of the Township of Morris. The finished side ("good side") of the fence shall face outward from the premises.
The following general regulations shall apply to all junk dealers licensed in accordance with the provisions of this article:
Storage outside fence prohibited. None of the secondhand materials, the purchase, sale, exchange or storage of which is regulated herein, shall be kept on any sidewalk, street or right-of-way of the Township or outside the fence required to be erected pursuant to § 310-7 or in front of the place of business licensed hereunder.
Collections of water. No person shall permit any of the secondhand materials, the purchase, sale, exchange or storage of which is regulated herein, to be placed on the licensed premises in such a manner as to cause pools of water, stagnant water or other liquid to collect and remain in and about the premises for a period longer than seven days.
Collection of insects, larvae, pupae. No person shall permit any of the secondhand materials, the purchase, sale, exchange or storage of which is regulated herein, to be placed on the licensed premises in such a manner as to cause mosquito larvae or pupae to collect and remain in and about the premises. No person shall maintain or allow to be maintained any condition which is beneficial to or engenders the breeding of flies, mosquitoes or vermin.
Fire hazards prohibited. No person shall stack, pile or place any of the secondhand materials on the licensed premises in such a manner as to create a fire hazard.
Junk shall be stored in piles in accordance with the provisions of § 310-7 and contained in such a manner as to permit easy access to all such junk and all parts of the business premises for firefighting purposes.
Open burning of garbage. No person shall cause, suffer, allow or permit the disposal of any of the secondhand materials, the purchase, sale, exchange or storage of which is regulated herein, by open burning.
Health violations prohibited. No person shall maintain or permit to be maintained any of the secondhand materials on the licensed premises in such a manner as to create a nuisance as defined by the Health Code of the Township of Morris.
No space not covered by the license shall be used in the licensed business.
Weeds and vegetation on the premises, other than trees and ornamental shrubs or hedges, shall be kept at a height of not more than six inches.
No garbage or other waste liable to give off a foul odor to attract vermin shall be kept on the premises unless kept in watertight, rodentproof containers, nor shall any refuse of any kind be kept on the premises for more than 48 hours unless such refuse is junk herein and is in use in the licensed business.
No activity shall be conducted in connection with the licensed premises on Sunday.
Where the topography permits, the storage of the regulated materials and any containers or structures used in the operation of the junkyard shall be located so as to minimize the visibility of the same from surrounding properties.
Where a violation of this article or the regulations hereunder is found to exist, a written notice from the department head of the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections shall be served upon the licensee.
The notice provided for in § 310-9 shall specify the violation or violations committed; what must be done to correct the same; a reasonable period of time, not to exceed 30 days, within which to correct or abate the violation; the right of the person served to request a hearing; and that the notice shall become an order of the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections in 10 days after service, unless a hearing is requested pursuant to § 310-12.
Notice may be served personally upon the licensee or by mail addressed to the licensee at the business premises, by certified mail, return receipt requested.
Within 10 days of the date of service of a notice, the notice shall constitute a final order unless the licensee requests a hearing thereon and serves a written request within the ten-day period in person or by mail of the appropriate department in charge of code enforcement, zoning, health inspections, or fire inspections. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The appropriate department in charge of code enforcement, zoning, health inspections or fire inspections, upon receipt of the request, shall, within 30 days therefrom and upon five days' notice to the licensee, set the matter down for hearing. Any licensee exercising his right of a hearing pursuant to this provision who, without just cause, fails to appear or fails to have his representation appear on the date the matter is set down for hearing shall forfeit his right of a hearing, and the notice shall become an order to correct the violations within the time specified.
At any hearing provided hereunder, the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to the matter to be determined by it, and to enforce any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The appropriate department in charge of code enforcement, zoning, health inspections or fire inspections shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
The appropriate department in charge of code enforcement, zoning, health inspections or fire inspections may extend the time for correction or abatement of the violation for an additional period of time not to exceed 30 days, except where major capital improvement or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
Where the violation or condition existing on the premises is of such a nature as to constitute a threat to life and limb unless abated without delay, the director of the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections may either abate the condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections shall abate the condition immediately thereafter.
Where abatement of a violation or condition existing on the licensed premises so as to conform to municipal ordinances or state law applicable thereto requires expending Township moneys therefor, the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections shall present a report of work proposed to be done to accomplish the foregoing to the Committee with an estimate of the cost thereof along with a summary of the proceedings undertaken by the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearing and orders of the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections with reference therein, and costs of emergency abatement of conditions constituting an immediate threat to life and limb. The Committee may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the state. The appropriate department in charge of code enforcement, zoning, health inspections or fire inspections may thereafter proceed to have the work performed in accordance with the resolution at Township expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Committee. After review of the same, the Committee may approve the expense and costs, whereupon the same shall become a lien against the said premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be filed with the Tax Collector of the Township, who shall be responsible for the collection thereof, and a copy of this report and resolution shall be sent by certified mail to the owner.
Violations of any provisions of this article may be prosecuted without notice by the filing of a complaint by the appropriate department in charge of code enforcement, zoning, health inspections or fire inspections, or its designees, in the Municipal Court when the licensee has failed to comply with any regulation issued pursuant to § 310-23 or any order issued pursuant to §§ 310-10, 310-12, 310-13 and 310-15.
A license may be revoked or suspended by the Township Committee of the Township of Morris after notice and hearing for any of the following causes:
Fraud or misrepresentation in any application for a license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
A violation of any section or subsection of this article.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
Conduct of the licensed activity, whether by the licensee or his agents or employees, in any unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Whenever a license has been issued immediately on application, pending the results of investigation, it may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
Notice of a hearing for the revocation or suspension of a license or denial of a renewal of a license shall be given in writing by the Township Clerk. The notice shall specifically set forth the grounds on which the proposed revocation, suspension or denial is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at the business premises or at the last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee of the Township of Morris shall revoke, suspend or fail to renew the license if it is satisfied by the preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Committee may issue another license to a person whose license has been revoked, suspended or denied, if after the hearing it is satisfied by clear and convincing evidence that the acts which lead to the revocation, suspension or denial will not occur again; otherwise, no person whose license has been revoked, suspended or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
A violation of any section or subsection of this article or any order issued pursuant thereto shall, upon conviction thereof, be punishable as provided in § 1-3, General penalty, of this Code for each violation committed hereunder. Each violation of a section or subsection of this article or order issued pursuant thereto shall constitute a separate and distinct violation independent of any other section or subsection. Each day's failure to comply with any such section, subsection or order shall constitute a separate violation.
All licenses issued pursuant to this article shall at all times be subject to such reasonable rules and regulations as the Township Committee may from time to time determine to be necessary and proper in the best interest of the citizens of the Township. It is further declared that any violation of such rules and regulations as are made by the Township Committee shall constitute a violation of this article.
No license shall be granted to any person who does not now maintain and operate the type of business to be licensed hereunder, except in such areas where the same may be permitted under Chapter 95, Zoning.