All secondhand metal dealers licensed pursuant to this chapter
shall conduct the licensed business in accordance with all requirements
of the Code of the Township of Haddon. Notwithstanding any other provision
of the Code which is applicable to said businesses, it shall be unlawful
for secondhand metal businesses and/or dealers in secondhand metals
to fail to comply with the following:
A.
Hours of operation. The hours of operation of all secondhand metal
businesses licensed by this chapter shall be limited to the hours
of 8:00 a.m. through 5:00 p.m. Monday through Friday, 8:00 a.m. through
3:00 p.m. on Saturday, and 9:00 a.m. through 3:00 p.m. on Sunday.
[Amended 7-26-2016 by Ord. No. 1360]
C.
Resale holding requirement.
(1)
All secondhand metals and/or items comprised, in whole or in part,
of any secondhand metal or combination thereof which are received
by a secondhand metal business or dealer of secondhand metals shall
be retained by said business or dealer for a period not less than
48 hours from the date and time of said transaction (the "resale hold
period").
(2)
During the resale hold period, no secondhand metals or any other
item governed by this chapter shall be destroyed, broken, modified
or otherwise changed from the condition which it was in at the time
of the transaction.
(3)
During the resale hold period, all items purchased shall be stored
and/or kept in a separate and distinct pile, bundle or package, and
the licensee shall place upon each such pile, bundle or package a
tag bearing the name and address of the seller, the date and time
of the transaction and the weight thereof at the time of the transaction.
D.
Report and surrender of stolen or lost goods.
(1)
Every secondhand business dealer or dealer in secondhand goods licensed
pursuant to this chapter, and any employee, servant, agent or representative
thereof, who shall receive or be in possession of any goods, articles,
objects, merchandise, products or materials governed by this chapter
which may have been stolen or lost or are alleged to have been stolen
or lost shall forthwith, upon demand to view the same, present the
same to any member of the Haddon Township Police Department or any
other officer or representative of the Township.
(2)
Any person duly licensed pursuant to this chapter is under a duty
to report to, and shall immediately report to, the Chief of Police
the receipt of any goods, articles, objects, merchandise, products
or materials that were delivered under circumstances that would cause
a reasonable person to believe they were probably stolen or otherwise
inappropriately obtained.
(3)
No dealer in secondhand metals or person operating a secondhand metal
business shall knowingly buy, sell, receive, dispose of, conceal or
have in his possession any goods, articles, objects, merchandise,
products or materials of any kind, shape or form from which the manufacturer's
serial number, identification number or other identifying number or
mark has been removed, defaced, covered, altered or destroyed for
the purpose of concealing or misrepresenting the identity of such
goods, articles, objects, merchandise, products or materials. In the
event a dealer is offered for purchase any such altered or defaced
materials, said dealer shall immediately notify the Chief of Police
of such offer.
E.
Inspections. The licensed premises and the records maintained by
the licensee pursuant to this chapter shall be available for inspection,
and copying as may be the case, by any member of the Haddon Township
Police Department and any other officer or representative of the Township
at any time during the hours of operation of the licensed business,
with or without notice, and shall be opened to all such persons of
authority upon demand by any such person for access thereto and presentation
of his or her proper identification.
F.
Limitation on operations.
(1)
No secondhand metal business or any person operating or conducting the business of a secondhand metal dealer, nor any employee, servant, agent or representative thereof, shall receive or purchase any goods, articles, objects, merchandise, products or materials of any kind, shape or form, or anything whatsoever, from any person under 18 years of age as set forth on a valid government-issued photo identification pursuant to § 156-11B(3) of this chapter.
(2)
No dealer in secondhand metals shall hold a license to carry on the
business of a pawnbroker, and no person operating a secondhand metal
business shall receive during the course of conducting such business
any goods, articles, objects, merchandise, products or materials of
any kind, shape or form by way of pledge or pawn, nor shall any such
dealer in secondhand metals loan or advance any sum of money on the
security of any such good, article, object, merchandise, product or
material.
(3)
No secondhand metal dealer shall engage in the business of or conduct
or operate a junkyard as such term is defined in N.J.S.A. 27:5E-3.
G.
The operation of a secondhand metal business shall not result in
any continuous, irritating or noxious odor detectable off site from
the facility in any location or on any other property used for residential,
commercial or institutional purposes or used for any other purposes
by the general public.
H.
No secondhand metal business shall commence or continue operations
without first obtaining all approvals required by any federal, state
or local agency with jurisdiction over the licensed premises or the
business licensed by this chapter. The owner and/or operator of any
business licensed by this chapter shall ensure that said licensed
business shall, at all times, maintain in good standing all required
approvals, licenses and/or permits necessary to operate such business
in accordance withal such federal, state and local laws and regulations.
Every secondhand metal business and/or dealer in secondhand
metals licensed pursuant to this chapter shall comply with the following
recordkeeping requirements:
A.
A clearly legible record of every purchase and/or sale of any secondhand metal shall be recorded in a book kept for said purpose, which book shall be maintained on the licensed premises at all times. The records required to be kept shall include all information required in § 156-11B below, shall be uploaded daily into the designated Internet-based database and/or service designated by the Chief of Police pursuant to § 156-11C below, and shall be maintained by the licensee for a period of not less than one year from the date of the transaction.
B.
The record required to be kept or maintained for every purchase or
sale of any secondhand metal shall include the following information:
(1)
The date of the transaction for which the record is being kept.
(2)
The full name, current address, date of birth and driver's license
number of each person from whom any secondhand metal is purchased
or to whom any secondhand metal is sold.
(3)
A clearly readable copy of each such person's government-issued
photo identification and a clear photograph of such person taken by
the licensee at the time of the transaction. The licensee shall take
such photograph in a manner that allows for clear facial recognition
of the person that is being photographed.
(4)
A clearly readable copy of the registration card and a clearly legible
photograph of the license plate of each vehicle used to transport
any item being sold to and/or purchased by the secondhand metal business
or dealer in secondhand metals.
(5)
A full and detailed description of each item purchased or sold, including
but not limited to any distinctive and/or identifiable wording, markings
or numbers written or contained on said item, and a statement identifying
whether the transaction represented a purchase or a sale of said item.
The use of abbreviations when describing an item pursuant to this
section shall be strictly prohibited.
(6)
A clear photograph of each item purchased or sold, which photograph
shall be taken at the time said item is on the scale and shall be
taken so as to provide a clear and unobstructed view of the entire
item.
(7)
The weight (in ounces or pounds) of each item purchased or sold.
(8)
The total price paid or received and the price per ounce or price
per pound paid or received for each item purchased and/or sold.
(9)
The signature of the person from whom any secondhand metal is purchased
or to whom any secondhand metal is sold.
C.
All information required by this § 156-11 shall be uploaded accurately and in its totality each day at the close of business into a reputable Internet-based database and/or service selected by the Chief of Police. Upon receipt of an application for a license pursuant to this chapter, the applicant will be advised of the fees, if any, associated with the use of such Internet-based service. The failure of any secondhand metal business or dealer in secondhand metals to pay any required fees and/or maintain and use said Internet-based reporting shall be cause for revocation of any license issued, pursuant to § 156-14 of this chapter.
D.
Nothing herein shall be construed as a waiver of the licensee's
obligation to comply with any and all other applicable federal, state
or local law or regulation governing secondhand metal dealers, including
but not limited to reporting to the Township of all materials recycled
in accordance with N.J.A.C. 7:26A.
Every dealer in secondhand metal licensed pursuant to this chapter
shall maintain the licensed premises in accordance with the following
standards:
A.
All goods, articles, objects, merchandise, products or materials
of any kind, shape or form shall be arranged in an orderly manner,
with all similar things located together so as to facilitate inspection
by the proper authorities.
B.
All goods, articles, objects, merchandise, products or materials
of any kind, shape or form shall be stored inside a building on the
licensed premises. Outside storage of any such materials, whether
temporary or permanent, is strictly prohibited.
C.
No goods, articles, objects, merchandise, products or materials of
any kind, shape or form shall be placed, whether temporarily or permanently,
upon the sidewalk or street that traverses, abuts or adjoins the licensed
premises or between any street or sidewalk and any building, structure
or fence on the licensed premises.
D.
It shall be unlawful to stack, pile or place any goods, articles,
objects, merchandise, products or materials of any kind, shape or
form in such manner as to create a fire hazard or to create a place
for the harboring or breeding of rats, mice or vermin of any kind.
E.
It shall be unlawful for any licensee or his agent, servant, employee
or representative, in the carrying on of the trade or business of
dealing in secondhand metals, to burn or maintain or cause to be burned
or maintained any fire on the licensed premises for any reason or
purpose, including but not limited to the burning of any secondhand
metals or any other goods, articles, objects, merchandise, products
or materials of any kind.
F.
No materials or wastes shall be deposited on the licensed premises
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of drinking water or recreation, or which
will destroy aquatic life, be allowed to enter any stream or watercourse.
G.
The licensed premises shall at all times be kept in such condition
as will not endanger the public health.
