[HISTORY: Art. I adopted by the Common Council (now the Council)
of the City of Perth Amboy 9-16-18 as Ord. No. 977. Art. II adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy 6-16-37 as Ord.
No. C-236. Sections 266-4, 266-5, 266-7, 266-16,
266-21 and 266-25 amended at time of adoption of Code; see Ch. 1.
General Provisions. Other amendments noted where applicable.]
[Adopted 9-16-18 as Ord. No. 977]
No person shall keep what are called junk shops, junkyards,
junk carts, wagons, boats or other vehicles or vessels for use in
carrying on the business of dealing in junk, rags, bones, old rope,
old iron, old automobiles, brass, copper, tin, lead and other old
metals, old bottles, old glass, old tinware or any other secondhand
articles within the corporate limits of the City of Perth Amboy without
a license previously obtained for such purpose.
Every person dealing in junk such as described in § 266-1 shall obtain a license for the keeping of a junk shop or junkyard for storage and a separate license also for each cart, wagon, boat or other vehicle or vessel.
No person shall be licensed as a keeper of a junk shop, junkyard,
junk wagon, vehicle or boat unless he shall be a citizen of the United
States.
[Amended 9-28-2011 by Ord. No. 1607-2011]
The fee for a license or permit to keep a junk shop or junkyard either for the purchase, sale or storage of junk thereat in the City of Perth Amboy shall be two hundred dollars ($200) as provided in Chapter 227, Fire Prevention, § 227-4. A background check is required for the applicant. The applicant shall be responsible for the cost. The background check is good for three (3) years.
[Amended 9-28-2011 by Ord. No. 1607-2011]
The fee for a license to keep, use and drive any vehicle or boat in the City of Perth Amboy for the purchase, sale and collection of such articles as mentioned in § 266-1 shall be two hundred dollars ($200) as provided in Chapter 275, Licensed Occupations, § 275-2, and such license shall be issued as other licenses are issued in the City of Perth Amboy. A background check is required for the applicant. The applicant shall be responsible for the cost. The background check is good for three (3) years.
No license for a junk shop or junkyard shall entitle any person
to keep such shop or yard in any place other than that which is mentioned
and specified in such license.
[Amended 4-3-73 by Ord. No. 15-73[1]]
No license shall be granted under this Article unless the applicant
therefor shall present to the City Clerk an application in writing
verified by his oath or affirmation made before the City Clerk or
some person authorized to administer oaths, setting forth that such
applicant is above the age of eighteen (18) years and is a citizen
of the United States, and the applicant shall present with the application
aforesaid statements, signed by at least six (6) freeholders, residents
of the City of Perth Amboy, which shall set forth that they are acquainted
with the said applicant and know of their own knowledge that said
applicant is a person of good moral character.
No keeper of a junk shop, junkyard, junk cart, wagon, vehicle
or boat shall receive in the line of his or her business any article
or thing by way of pledge or pawn.
A.
Every keeper of a junk shop, junkyard, junk cart, wagon, vehicle
or boat shall provide and keep a book in which shall be plainly written
and recorded at the time of each purchase a description of the article
or articles so purchased, the name and residence of the person or
persons from whom such purchase was made and the day and hour of such
purchase.
B.
The said book shall at all reasonable times be open to the inspection
of the Mayor, the members of the City Council, the Chief of Police,
any police officer, Municipal Attorney, and each of them, or to any
person authorized in writing for the purpose by the Mayor and the
Council.
C.
It shall not be necessary for any person licensed to keep a junk
shop, junkyard, junk cart, wagon, vehicle or boat to keep a record
of the purchase of rags or paper where the price paid is one dollar
($1) or less.
No keeper of a junk shop, junkyard, junk cart, wagon, vehicle
or boat shall receive or purchase any goods, article or thing whatsoever
from any minor, apprentice or servant without satisfactory proof of
the owner's consent to such sale.
[Amended 4-3-73 by Ord. No. 15-73]
No keeper of a junk shop, junkyard, junk cart, wagon, vehicle
or boat shall purchase or receive by way of such business any goods,
articles or things whatsoever between the setting of the sun and the
hour of 7:00 a.m. the following morning, or purchase or receive in
the line of such business any goods, articles or things whatsoever
from any person under the age of eighteen (18) years.
[Amended 4-3-73 by Ord. No. 15-73]
Every person employed by any licensee under this Article to
draw, drive or propel any vehicle, cart, wagon, boat or vessel or
to handle or do business at a junk shop or junkyard for such licensee
shall not be less than eighteen (18) years of age.
If any goods, articles or things shall be advertised in any
newspapers published or circulated in Perth Amboy as having been lost
or stolen, and if the said goods, articles or things or any such answering
to the description of the goods, articles or things so advertised
or any part or portion thereof shall then be or thereafter come into
the possession of any keeper of a junk shop, junkyard, junk cart,
wagon, vehicle or boat, he shall forthwith give information thereof
in writing to the Police Department or the Judge of the Municipal
Court and shall also state from whom and when the same were received.
Every keeper of a junk shop or dealer in junk who shall receive
or be in possession of any goods, articles or things which may have
been stolen shall forthwith on a demand to view the same present the
same to the Mayor, Judge of the Municipal Court, any member of the
Council, Municipal Attorney, Chief of Police, any police officer or
any person authorized in writing for the purpose by the Mayor and
the Council.
Every person so engaged, drawing, driving or propelling any cart, wagon, boat or vehicle or vessel for the purpose of collecting such articles as specified in § 266-1 shall at all times carry with him or her, when so engaged, the license or duplicate thereof by which said conveyance is authorized to be kept and shall exhibit the same upon demand to the Mayor, any member of the City Council, Chief of Police, any police officer or any person authorized in writing for the purpose by the Mayor and the Council.
No more than one (1) junk shop or junkyard license shall be
granted to any one (1) person, but one (1) or more cart, wagon, vehicle
or boat licenses can be had by applying to the City Clerk, who is
empowered upon favorable endorsement of the application by the members
of the Council to issue duplicates of the original license upon the
payment of an additional sum of fifty dollars ($50) for each duplicate.
Said duplicates shall remain in force until the expiration of the
original license and can be renewed with the original license in the
same manner.
Every person so licensed, before using such cart, wagon, vehicle
or boat, or other person causing same to be used, shall cause to be
painted on the outside of such cart, wagon, vehicle or boat, in plain
letters, his name at length, street number of his place of business
and the number of his license.
No person having a junk cart, wagon, vehicle or boat license in any city, borough or township other than the City of Perth Amboy shall be permitted to store or keep any articles mentioned in § 266-1 within the corporate limits of the City of Perth Amboy without first obtaining a proper junk shop or junkyard license for such storage.
The word "person" in this Article shall include persons, copartnerships
and incorporated companies.
[Amended 8-1-34 by Ord. No. C-163]
All licenses under this Article shall be issued as of the calendar
year and shall be effective for such period of time unless sooner
suspended or revoked by the governing body of the City of Perth Amboy
for reasonable cause, after five (5) days' notice to such licensee
and a hearing upon such charges. In case of a license issued on or
after August 1 of each year hereafter, only one-half (1/2) of the
fees shall be paid for the remaining part of the calendar year.
Any person violating any section of this Article or refusing
or neglecting to comply with any provision of any section of this
Article shall be punishable by a fine not to exceed five hundred dollars
($500) or by imprisonment for not more than ninety (90) days, or both.
In addition, the license of the offender may be revoked at the discretion
of the Council.
[Adopted 6-16-37 as Ord. No. C-236]
From and after the adoption of this Article it shall be unlawful
for any person engaged in the keeping of a junk shop, junkyard, secondhand
automobile place of business or any establishment in the City of Perth
Amboy for the purchase, collection, storage or sale of junk, rags,
bones, old rope, old iron, old automobiles, brass, copper, tin, lead
and other old metals, old bottles and glass, old tinware or other
secondhand articles, to resell, ship, deliver or transfer possession
of the same for a period of forty-eight (48) hours after taking possession
of the same, unless and until a notice in writing is served upon the
Chief of Police of the City of Perth Amboy, giving a detailed description
of all such goods and chattels and the place or premises where same
are located, and a certificate is received from the Chief of Police
or his subordinate designated by him for that purpose, certifying
that the said goods and chattels have been inspected.
It shall be unlawful to maintain a junk shop, junkyard or place
of business for storing dismantled secondhand automobiles or a place
for the purchase, collection or sale of junk, rags, bones, old rope,
old iron, old automobiles, brass, copper, tin, lead and other old
metals, old bottles and glass, old tinware or other secondhand articles
unless the premises facing the public highway is fenced-in with a
solid board or metal fence to the height of not less than eight (8)
feet.
The term "person" as used in this Article shall be construed
to mean the singular or plural, as the case demands, and shall include
individuals, corporations, companies, societies and associations.
When construing and enforcing the provisions of this Article, the
act, omission or failure of any employee, officer, agent or other
person acting for or employed by any individual, corporation, company,
society or association within the scope of his employment or office
shall in every case also be deemed to be the act, omission or failure
of such individual, corporation, company, society or association as
well as of the person.
Any person violating any of the provisions of this Article shall
be subject to a fine of not more than five hundred dollars ($500)
or ninety (90) days in jail, or both, in the discretion of the court.
Every day that any violation shall take place shall be considered
a separate and distinct offense.
