[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 8-6-37 as Ord. No. 4-37.]
It shall be hereafter unlawful for any person, firm, association,
partnership or corporation to operate or maintain a junk shop or junkyard,
or to deal in junk at any place within the limits of the Borough of
Waldwick, in any manner contrary to the provisions of this ordinance
and without first having obtained a license for such purpose, as hereinafter
provided.
For the purpose of this ordinance, the following definitions
are hereby established.
Any waste material or discarded material or old iron or other
metal or substance, glass, paper, machine parts, accessories, discarded
machinery or discarded machines, in whole or in part, and any material
commonly and generally known as "junk", in the ordinary meaning of
the word, acquired and/or collected.
Any lot of land within the Borough of Waldwick on which "junk"
is placed, collected, stored or kept.
Any building within the Borough of Waldwick in which "junk"
is stored.
Any person, firm, association, partnership or corporation
who buys or otherwise acquires "junk" for commercial purposes within
the limits of the Borough of Waldwick, and/or who collects and stores
"junk" therein.
Any person, firm, association, partnership or corporation desiring
to obtain a license as herein required shall:
A.
Make application in writing to the Borough Clerk, setting forth the
name, address and the premises at which it is proposed to establish
a junk shop or junkyard, including a full description of such premises
and whether the applicant owns the premises or leases them, together
with the deed or lease thereon, together with a description of the
building and the classes of materials which it is proposed to store
therein.
B.
Such application shall be accompanied by cash in a sum equaling the
whole annual license fee, which shall be returned by the Borough Clerk
in the event the license is refused.
C.
The applicant shall file a copy of said application with the Building
Inspector and the Chief of the Borough Fire Department.
Upon receiving the copies of said application, the Building
Inspector and the Chief of the Borough Fire Department shall make
an inspection of the premises sought to be licensed, and within ten
(10) days after receipt of said application, shall make written report
of the circumstances thereof to the Borough Clerk. Said report shall
state, among other things, the conclusion of such official as to whether
the storing of junk at or in the proposed premises would constitute
a hazardous condition.
If the Building Inspector, the Chief of the Borough Fire Department,
or both, shall determine that the operation of a junkyard or junk
shop at the premises proposed would constitute a hazard, or the Borough
Clerk shall find the application irregular, the Borough Clerk shall
not issue a license but shall report his refusal to do so to the Mayor
and Council and notify the applicant, who upon said notification may
apply for a hearing on such application before the Mayor and Council.
If there is no objection to the issuance of the license, the Borough
Clerk shall issue it as hereafter provided.
At such hearing the Mayor and Council shall have evidence of
the facts, and within thirty (30) days after such hearing shall determine
whether to sustain the Clerk's refusal to issue a license or
whether to reverse it. If reversed, the Clerk shall issue said license,
subject to the other provisions hereof.
(See Chapter 48:56-7.)
No license shall be issued to any person not a citizen of the
United States nor to any person convicted of the crime of larceny
or receiving stolen goods, or other crime involving moral turpitude,
nor to any person owing a tax or fee to the Borough of Waldwick, nor
for any lot or building owing tax to the Borough of Waldwick, and
no license shall be issued until the applicant has posted a bond with
the Borough Clerk, with good surety and in the sum of one thousand
dollars ($1,000), conditioned upon the faithful compliance with all
the regulations herein and the lawful conduct of said business, and
conditioned further upon a guarantee to make daily report to the Police
Department of the Borough of Waldwick as to purchases made, from whom,
and with such further information as the chief officer of the Police
Department shall require.
Any person, firm, association, partnership or corporation violating
any of the provisions hereof shall, upon conviction before any authority,
be punished by a fine of not more than fifty dollars ($50), by imprisonment
in the county jail for not more than thirty (30) days, or by both
such fine and imprisonment.
All ordinances and parts of ordinances inconsistent with the
provisions hereof are hereby repealed.
This ordinance shall take effect when passed and published as
required by law.
