For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
JUNK
Includes rags, scrap iron, shavings, borings, old rope, old iron, old brass, old copper, old tin, old lead, any old or used bottles of any type, old or used glass or glassware, used or secondhand building materials, including used lumber, old rubber or old used rubber tires or old tinware, plumbing parts, aluminum siding, leaders, gutters, copper wiring, electrical metals, other drain pipes, automobiles no longer operable, fixtures and/or any substance composed of metal as defined by Webster's Dictionary.
[Amended 1-15-1996 by Ord. No. 16-96]
JUNK SHOP OR JUNKYARD
Any premises or yard set aside for the purpose of storing, purchasing or selling, repairing or renovating junk.
[Amended 5-18-1982 by Ord. No. 16-82]
No person shall maintain, operate or conduct a junk shop or junkyard in or upon which junk is purchased, sold, stored, repaired, renovated or restored within the city without first having obtained a license therefor from the Director of Finance as approved in this Article.
A. 
Every applicant for a license to engage in a junk shop or junkyard business shall file with the Director of the Finance Department a written application signed by the applicant, which application shall state the following:
(1) 
The name and residence of the applicant and, if a firm or corporation, the name and address of the offices and the registered agent or partners.
(2) 
The length of time that the applicant or, if the applicant is a firm or corporation, the length of time that the manager or person in charge has been a resident of the city, if such is the case; his place of previous employment; and if the applicant has been convicted of a crime and, if so, when, what offense and in what court.
(3) 
The detailed nature of the business to be conducted.
(4) 
The place where the business is to be located and carried on.
B. 
Each application shall contain an agreement that the applicant accepts the license to be granted upon the condition that it may be suspended or revoked, for cause, at any time by the City Council.
C. 
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of such business shall be endorsed on the application.
A. 
No person shall be licensed as the operator of a junk shop or junkyard unless he is a citizen of the United States.
B. 
No license shall in any event be issued unless the applicant has obtained from the Planning Board a certificate of approval of the location to be used therefor.
C. 
No license shall be issued unless the applicant has obtained the approval of the Police Department, Fire Department and Health and Welfare Department.
D. 
No new license shall be issued for the carrying on of the trade or business of a junk shop or junkyard within the city unless the junk shop or junkyard proposed to be licensed is located within an industrial or business district as designated on the Building Zone Map[1] of the city.
[1]
Editor's Note: See Ch. 210, Zoning and Land Development.
E. 
No new license shall be issued under this Article for a junkyard proposed to be located within one thousand (1,000) feet of any existing junkyard.
[Amended 5-18-1982 by Ord. No. 16-82]
If the application complies with the requirements of this Article and any other ordinances of the city, the Director of Finance shall issue a license upon the payment of the license fee provided therefor.
A. 
The City Council may restrict the number of licensed premises under this Article within the city and may impose such reasonable regulations and rules with regard to such business to be conducted not contrary to law as the City Council may deem necessary and proper for the good government, order, protection of persons and property and for the preservation of public health, safety and welfare of the city and its inhabitants and as may be necessary to carry into effect the powers and duties conferred and imposed upon the city by law.
B. 
The licensee, by accepting a license under this Article, shall agree to comply with all of the terms and conditions set forth in this Article.
[Amended 12-19-72 by Ord. No. 109-72; 5-18-1982 by Ord. No. 16-82]
The annual fee to be paid for a license under this Article shall be as provided in Chapter 88, Fees, which sum shall be payable at the time of the issuance of the license. The license shall be for a term of one (1) year from the first day of January in each year, unless suspended or revoked prior to that time for cause, by the City Council.
A. 
A license issued pursuant to this Article shall authorize the licensee to conduct the business at the place specified in the license, and such license shall not be assignable or transferable in any manner.
B. 
No location change shall be allowed unless the provisions of this Article as to approval are satisfied.
All licenses granted pursuant to this Article may be revoked or suspended at any time by the City Council if the licensee, his servant, agent or employee fails to conform to the terms of this Article or for the violation of any of the provisions of this Article or any of the rules and regulations made by the City Council pertaining to the maintenance and operation of junk shops or junkyards.
No licensee to whom a license has been issued to operate and maintain a junk shop or junkyard or his servant, agent or employee shall receive in the line of business, while maintaining, operating or conducting a junk shop or junkyard, any article or thing by way of pledge or pawn, nor shall the licensee or his servant, agent or employee loan or advance any sum of money on the security of any such article or thing.
Every licensee of a junk shop or junkyard shall have and keep a sign on the outside and in front of his shop or place of business, on which shall be plainly set forth in conspicuous letters the name of the licensee and the nature of the licensed business.[1]
[1]
Editor's Note: For sign regulations, see Ch. 210, Zoning and Land Development.
Every vehicle, auto, automobile truck, wagon or conveyance used by any licensee under this Article in the carrying on of his trade or business of maintaining and operating a junk shop or junkyard shall be marked with his name, the street number of his place of business and the number of his license in plain letters and figures at least six (6) inches square.
Any licensee under this Article or his agent or servant who shall receive or be in possession of any goods, articles or things which may have been stolen or lost or alleged or supposed to have been stolen or lost shall forthwith, upon demand to view the same, present the same to any member of the Police Department or any other officer or representative of the city.
All licensed premises shall be subject to inspection at all times by the members of the Police Department and other representatives of the city.
No goods, articles or merchandise described in this Article as junk shall be placed by a licensee under this Article on the sidewalk, or any part thereof, nor shall the licensee use the street or any part thereof for the storage, repair or sale of such goods, articles or merchandise.
It shall be unlawful for any licensee under this Article or his agent, servant or employee, in the carrying on of the trade or business of a junk shop or junkyard, to cause to be burned or maintained a fire for the purpose of burning, within the confines of the junkyard, any article, goods or things described in this Article and commonly known as "junk," provided that this provision shall not prohibit the use of acetylene torches in reconditioning or salvaging any old motor vehicles or parts thereof.
The Director of the Finance Department shall keep a register of the names of all persons licensed to operate a junk shop or junkyard under this Article, together with the number of the license issued, the date of issuance thereof and the location of the licensed premises.
[Added 10-15-1996 by Ord. No. 16-96]
Every licensee shall maintain sequentially numbered records for not less than one (1) year containing the following information:
A. 
The name and address of the person or persons from whom any item listed herein is purchased from or sold to.
B. 
The date of the transaction.
C. 
A description of the object purchased or sold.
D. 
The price paid for the object.
E. 
The signature of the person from whom the object is obtained or to whom it is sold.
F. 
A description of at least one form of photo identification examined by the licensee presented by any person from whom an object is purchased.
G. 
No licensee shall purchase any objects subject to this Ordinance from any minor unless such minor is accompanied by a parent or guardian who specifically consents in writing to this transaction and complies with Subsections E and F above.
[Added 10-15-1996 by Ord. No. 16-96]
A. 
No licensee shall sell, transfer, melt down or otherwise dispose of any object subject to this chapter not described in Subsection B or C below until twelve (12) hours have elapsed from the date and time the item came into the possession of the licensee.
B. 
No licensee shall sell, transfer, melt down or otherwise dispose of copper or brass until the fifth business day of the week in which an object of copper or brass is purchased.
C. 
There will be no waiting period before the resale of iron.
[Added 10-15-1996 by Ord. No. 16-96]
The licensee must permit upon request from any officer of the City of Orange Township who provides official identification an inspection of this registry by the Orange Police Department at any time requested and to permit copies to be made of this registry when requested.
A. 
The regulation of junk shops and junkyards as provided in this Article shall be under the control of the Police Department, and the enforcing of the provisions of this Article shall be under the control and supervision of the Police Department.
B. 
The City Council is hereby authorized and empowered to establish from time to time such rules and regulations as may be necessary and reasonable for the proper maintenance and operation of such junk shops or junkyards and for the issuance of licenses therefor.
[Added 5-18-1982 by Ord. No. 16-82; amended 10-15-1996 by Ord. No. 16-96]
Anyone who violates any of the provisions of this Article shall, upon conviction thereof, before the Municipal Court of the City of Orange Township, be subject to a fine not exceeding one thousand dollars ($1,000.), or imprisonment in a county jail for a term not exceeding ninety (90) days or both, in the discretion of a Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.