[HISTORY: Adopted by the Township Committee of the Township of Middletown 8-4-1997 by Ord. No. 97-2479 as Ch. 160 of the 1996 Township Code. Amendments noted where applicable.]
Motor vehicle junkyards — See Ch. 307.
As used in this chapter, the following terms shall have the meanings indicated:
- JUNK DEALER
- A person who deals in buying and selling old iron or other metals, glass, paper, cordage or other waste or discarded material.
The purpose of this chapter is to prevent unfair competition and dishonest business practices by the regulation of junk dealers as defined in § 303-1.
It shall be unlawful for any person to engage in the business of junk dealer within the Township without first applying for and securing a license as hereinafter provided.
Any person desiring a license shall file with the Township Clerk an application containing the following information:
The applicant's name, home and business address and local address, if any.
The place or places of residence of the applicant for the preceding three years.
The physical description of the applicant, setting forth the applicant's age, sex, height, weight, complexion, color of hair and eyes and any other distinguishing physical characteristics.
The name, address and principal or registered office in this state, if any, of the person, firm, organization or corporation for or through whom or under whose auspices the applicant is authorized to conduct such activity; or a statement that the applicant is engaged in such activity solely in his own behalf, if such is the case.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of municipal ordinance involving moral turpitude and, if the applicant has been so convicted, the nature of the offense or offenses and the penalty or penalties imposed therefor.
If the applicant is not engaged in the proposed activity solely in his own behalf, there must be attached to the application a letter of authorization from the person, firm, organization or corporation for or through whom or under whose auspices the applicant seeks a license to conduct such activity.
Three photographs of the applicant, which shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner, taken within 60 days of the filing of the application.
One set of fingerprints of each applicant.
The license and registration number of the vehicle being used.
Applications for partners shall be signed by all of the partners, with the foregoing provisions of this section answered in detail as to each said partner. Applications of corporations shall have attached thereto statements in accordance with the foregoing provisions of this section relating to each and every employee, agent or servant who shall engage in any of the activities authorized by this chapter, which shall be signed by each such agent, servant or employee.
Following the filing of the application, the Chief of Police shall cause such investigation of the applicant's business responsibility and moral character to be made as he deems necessary for the protection of the public good.
If, as a result of such investigation, the applicant's moral character and business responsibility are found to be satisfactory, the Chief of Police shall endorse his approval for a license to be formally issued by the Township Clerk upon payment of the license fee.
If, as a result of such investigation, the applicant's moral character or business responsibility is found to be unsatisfactory, the license shall not be issued.
The applicant's moral character and business responsibility shall be deemed unsatisfactory only where the investigation of the Chief of Police discloses something tangible by the way of conviction for a crime involving moral turpitude, a determination of previous fraudulent acts or conduct, concrete evidence of bad character or false information contained in the application for a license.
[Amended 8-4-1997 by Ord. No. 97-2479]
All yearly licenses issued under this chapter shall terminate on December 31 next following the issuance of the same.
Each license issued shall be consecutively numbered. The license shall contain blank spaces for writing in the name of the licensee and the amount of the fee paid.
The license issued shall not authorize any person, except the designated person named in said license, to engage in the business thereunder. Said license shall not be transferable from the person to whom issued to any other person.
Every person holding a license issued under this chapter shall be required to carry the license with him while engaged in the business licensed.
There shall be kept in the office of the Township Clerk the necessary books for recording the time the application for license is received, whether new or renewal, type of license, name of licensee, regular number of blank form, when the application was approved by the Chief of Police, the amount of fee received therefor and the date when the license was issued.
The Township Clerk shall file a report monthly with the Township Committee showing the number of licenses granted and the amount of fees received therefor. The report shall state the number of licenses suspended or revoked and the reasons for such suspension or revocation. The Township Clerk shall compile a summary of the licenses granted under this chapter during a single year and report such at the final meeting of the Township Committee.
Any license issued hereunder may be suspended by the Township Clerk for any infraction or violation of the terms of the license, or any of the Township ordinances or state and federal statute, or falsification in applying for a license. The suspension shall become effective immediately and shall state that opportunity for a hearing will be given at a time, within 16 days from date of notice, before the Township Committee, which, upon a finding of such violation, may revoke the license, and, in event of failure of the licensee to appear, the license shall automatically be revoked and canceled.
Upon the expiration of any license issued under the provisions of this chapter, the holder thereof shall surrender the same to the Township Clerk within 24 hours. Upon notice of the cancellation or revocation of any license issued under the provisions of this chapter, the holder shall surrender the same to the Township Clerk within 24 hours after notice of such cancellation.
The holder shall have such permit in his possession at all times and shall exhibit the same at any time upon request by a police officer of the Township or by any purchaser or prospective purchaser.
The holder shall not enter in or upon any house, building or other structure or any land or property, without the prior consent of the owner or occupant thereof, where there is placed or posted on the premises in a conspicuous position at or near the usual means of ingress a sign or other form of notice stating or indicating that the owner or occupant thereof forbids or otherwise does not desire persons engaged in such or similar activity to enter upon the premises.
In those areas within the Township that licensees may be permitted to operate and conduct their business operations as provided herein, no such licensee shall be permitted to vend, sell or expose for sale or solicit orders for the sale of any wares, goods or merchandise subsequent to 8:00 p.m.