[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.]
GENERAL REFERENCES
Motor vehicle junkyards — See Ch. 307.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A.
Any person desiring a license shall file with the Township Clerk
an application containing the following information:
(1)
The applicant's name, home and business address and local address,
if any.
(2)
The place or places of residence of the applicant for the preceding
three years.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
One set of fingerprints of each applicant.
(9)
The license and registration number of the vehicle being used.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
