It shall be unlawful hereafter for any person, firm, association, partnership or corporation to keep or maintain a junkyard or junk shop or deal in junk, or to maintain a place for the storage of damaged or wrecked automobiles, whether same shall be merely stored on the premises or stored on the premises for future sale of parts or of the entire automobile or whether same shall be stored for the purpose of selling said parts of automobiles or automobiles for junk or scrap metal, in any place within the limits of the Borough of Woodlynne, Camden County and State of New Jersey, without first having obtained a license for such purpose, as hereafter provided, and in any manner contrary to the provisions of this chapter.
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 4-5-1969 by Ord. No. 1969-4(Ch. 66 of the 1976 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following definitions are hereby established:
The violation of any of the provisions of this chapter, any false statement contained in the application for license, failure to pay any license fee when due or any conviction of the applicant during the term for which the license was issued for the violation of any criminal statute or law of the State of New Jersey, any of the states in the United States or the United States Government.
Any old, discarded or unused waste material of any type that has outlived its usefulness for its original purpose, including iron, metals, glass, paper, rags, clothes, machines and all other materials commonly or generally known as "junk," in the ordinary meaning of the word, acquired or collected for commercial purposes, including specifically, automobiles, motor vehicles or parts thereof or accessories thereof, discarded automobiles and automobile bodies, whether same are stored for some future disposal, whether same are stored for sale of the automobiles or parts thereof or whether same are sold.
Any person, firm, association, partnership or corporation that deals in junk for commercial purposes or that buys or otherwise acquires, collects or stores junk for commercial purposes within the Borough of Woodlynne, Camden County, New Jersey, in the manner provided in this chapter.
Any building within the Borough of Woodlynne in which junk is stored, placed, sold or purchased for commercial purposes, within the provisions of this chapter.
Any lands or parcels thereof on which junk is collected, placed or stored for commercial purposes or for any remuneration whatever.
Any land or building, or both, whereon a junkyard is maintained under license hereunder, or any junk shop which is licensed or any premises for which a license is issued to a junk dealer under the provisions of this chapter.
A.
All applicants desiring a license for the maintenance of a junkyard, a junk shop or as a junk dealer shall first file a written application, signed by the applicant, with the Clerk of the Borough of Woodlynne, and furnish the information requested on the forms to be provided by the Clerk.
C.
The Borough Clerk shall present any application, together with the fee accompanying the same, to the Borough of Woodlynne at its next meeting. In the event the license applied for shall be denied, the fee accompanying the license shall be returned, less, however, the sum of 10%, to cover the cost of investigation of the applicant.
D.
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 the business described in the application shall be endorsed, in writing, on the application or otherwise annexed thereto.
A.
The Borough of Woodlynne may consider the application for license at the meeting for which said application, proofs and fees are presented or it may set a date for a hearing to be held on said application at some reasonable time thereafter; which hearing, however, shall not be later than one month from the date of the Borough of Woodlynne meeting considering the same. At the hearing, any objectors to the license may be heard and may present evidence, as well as the applicant and those in support of the license.
B.
If a date for hearing on the application for license is set, the Borough of Woodlynne may investigate the applicant and the matters set forth in the application through its own officers, employees or representatives; and the Borough of Woodlynne may investigate and consider, as part of its determination for the issuance of a license, any unreasonable depreciation of surrounding property of adjoining owners which might ensue from the establishment or maintenance of such a business at the location designated in the application, the proximity of residences, schools, churches and public highways and the suitability of the applicant to receive the license, which shall include his arrest or conviction for criminal acts. Public convenience and necessity and social and aesthetic desirability will also be taken into consideration in such determination.
C.
After considering all the evidence with respect to the application, the Borough of Woodlynne may deny the license to the applicant for good cause revealed by the facts or evidence; and if any application for license is denied, the Borough of Woodlynne shall state, in writing, the reasons for the denial forming the good cause found by the Borough of Woodlynne denying license to the applicant.
The Borough of Woodlynne, after investigating and considering any application for license hereunder or after hearing on the same, shall, if the application subscribes to the provisions in this chapter, authorize the Borough of Woodlynne Clerk to issue a license to the applicant, which license shall be effective from the date of issuance to 12:00 midnight of the last day of December of the year in which issued.
The license, when issued by the Borough, shall be displayed in a conspicuous place upon the licensed premises at all times.
All licenses granted under this chapter and all premises licensed hereunder shall be subject to the following regulations:
A.
No part of any premises licensed shall be located within 200 feet of any public road or street or within 300 feet of the boundary line of any adjoining property owner.
B.
No part of any premises sought to be licensed shall be located within 500 feet from any private residence not owned by the applicant, or any church or school.
C.
Fences; exits and entrances.
(1)
A junkyard shall be enclosed by a solid board fence or other fence made of other solid, nontransparent material, eight feet high from the ground and built in such a manner as to obstruct visibility of the junkyard from any public street or public property. The fence or enclosure shall be suitably painted and shall be maintained in good condition at all times. There shall be no advertisement allowed or any description or writing on the fence, except the owner's name and description, and writing shall not exceed an area of six square feet. Such fence shall be constructed in compliance with this section within three months of the granting of any license under the provisions of this chapter.
(2)
The premises, area or piece or parcel of land licensed and used as a junkyard shall have not more than two entrances and two exits, each of which shall not exceed 15 feet in width, and such entrances and exits thereto and therefrom shall be enclosed by a gate or gates which shall be secured, closed and locked when unattended so as to preclude any entrance to the enclosure whenever the enclosure may be unattended. Such gate or gates shall be built of solid board or other solid, nontransparent material, which shall be at least seven feet and not more than eight feet in height.
D.
No junk, rubbish or salvage material of any type shall be maintained outside the enclosure surrounding the licensed premises of any junkyard or outside of any junk shop licensed hereunder.
E.
No license issued hereunder shall entitle any licensee to operate under said license at, in or on any lot, building or location or any part thereof other than that specified in the license, and no license shall be assignable or transferable to any other person or party whatever.
F.
Burning of materials is prohibited by state law and shall not be allowed in any junkyard, except that this shall not prohibit the use of acetylene torches in salvaging or repairing any goods, motor vehicles or other chattels on the premises or parts thereof. In the event that fires of accidental nature occur on the licensed premises in such numbers or such periods of time as to create a fire hazard to other properties or inhabitants of the Borough of Woodlynne, or otherwise occur so consistently or in such number as to become a nuisance to the Fire Department of Woodlynne, the Borough may revoke the license granted, after due hearing and notice thereof, because of the hazardous nature or conduct of the business.
[Amended 10-14-1976 by Ord. No. 1976-11]
G.
No materials of any explosive nature shall be maintained or demolished on any licensed premises.
H.
No materials shall be kept or maintained on the licensed premises, which materials shall be of such odorous nature as to be offensive to adjoining property owners or other inhabitants in the area of the licensed premises.
I.
The licensee shall take all reasonable measures to keep rats or other vermin from the licensed premises.
J.
The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times and shall also establish fire protection according to standards recommended by the National Board of Fire Underwriters for such premises. The licensee shall also report all fires to the Chief or the Borough Combustible Inspector furnishing the date, extent of the fire and cause, if known.
K.
No licensee hereunder shall purchase any goods, articles or other materials whatever from any person under the age of 17 years.
L.
No licensee shall pile, stack or place junk above the level at the height of the fence enclosing a junkyard, or otherwise in such manner as to create a fire hazard or to create a place for the harboring of rats, mice or vermin.
M.
The business of the licensee shall be operated in such manner as not to cause unreasonably loud noises that are either so consistent or so audible as to be a nuisance to other property owners or inhabitants in the neighborhood.
N.
No licensee shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, covered or destroyed with the apparent purpose of concealing the identity of such vehicle.
O.
All junk dealers shall keep books in which records are maintained of all purchases by the junk dealer, and the books shall be open to inspection by any law enforcement agency in order to enable the law enforcement agency to trace stolen goods.
A.
Any license issued by the Borough may be renewed each year thereafter by furnishing notice of intention to renew said license, in writing, with the Borough Clerk, at least 30 days prior to the first of the year, and upon payment of the annual license fee as provided in Chapter 295, Fees. No hearing shall be required for the issuance of any renewal license unless objections are filed, in writing, with the Borough Clerk, by any inhabitant or taxpayer of the Borough of Woodlynne against the renewal of said license. In the event written objection is filed before renewal as herein provided, the Borough shall set a date for hearing and proceed to hear the objection and all evidence for and against the issuance of such license not later than 15 days from the beginning of the renewal license, or to deny the same if the evidence presented indicates sufficient cause by virtue of prior violations of this chapter by the licensee.
[Amended 10-14-1976 by Ord. No. 1976-11]
B.
The Borough Clerk may authorize a temporary permit for such licensee until the hearing has been completed and a determination made, so that the business of a licensee may not be suspended or interfered with unreasonably by filing of any written objections.
No licensee shall conduct any processing operations or purchases or sales of material on the licensed premises after 8:00 p.m. and prior to 8:00 a.m. of the following day on weekdays or at any time on legal holidays, designated as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
The Borough may revoke any license granted at any time during the period for which the license was issued, on the Borough's own action or on the objection of any taxpayer or inhabitant of the Borough of Woodlynne, for good cause shown after a hearing provided to the licensee following complaint, in writing, and at least seven days' notice to the licensee setting forth the grounds of complaint.
The licensed premises shall be open to inspection by the Board of Health of the Borough of Woodlynne at any reasonable time of day or night upon the proper authorization of such inspection by the Health Officer or the Board of Health of the Borough.
A.
The annual fee for each license issued hereunder shall be as provided in Chapter 295, Fees, and shall be prorated where the license shall not have been issued on January 1 of the year; and any period of a month 15 days and over shall constitute a full month, and any period less than 15 days shall constitute a half month for the purpose of prorating the annual fee.
[Amended 10-14-1976 by Ord. No. 1976-11]
B.
Payment of said fees shall accompany filing of all applications for licenses or for any intention to renew thereafter. In the event the license shall be revoked for good cause shown or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
C.
Where the owner of any motor vehicle junkyard has to obtain a permit from the Commissioner of Motor Vehicles, in accordance with N.J.S.A. 39:11-3, and the Borough Council has approved the granting of such license, the license fee to be paid to the Borough shall be as provided in Chapter 295, Fees, and the license shall be issued on January 1, and said license shall expire on December 31 in the year in which it was issued.
[Amended 10-14-1976 by Ord. No. 1976-11]
A.
Any person or corporation violating, refusing or neglecting to comply with any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both.
[Amended 10-14-1976 by Ord. No. 1976-11]
B.
A continuance of a violation or a noncompliance with the provisions of this chapter shall be deemed a nuisance, and the Borough Council shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties prescribed herein.