[R.O. 1966; R.O. 1966 C.S. § 8:8-1; 6 S+FL, 9-2-1992; Ord. 6 S+FD, 11-16-1992]
a.
No person shall use, exercise or carry on the business or trade of
a keeper of a junk shop, junkyard or metal processing facility without
being licensed for that purpose by the Manager, Division of Tax Abatements/Special
Taxes in the Department of Finance.
b.
Operators of junk shops, junkyards and metal processing facilities
who purchase used cars for the purpose of wrecking, storing or selling
parts thereof shall be required to obtain a limited used motor vehicle
sales lot license for purchasing used motor vehicles.
[R.O. 1966 C.S. § 8:8-2; Ord. 6 S+FA, 2-3-1988]
Shall mean a place in which is conducted the business of
purchasing, selling, or storing junk salvaged materials, old metals,
rubber, paper, rags, rope, bags, empty used bottles, used plastic
or metal drums, in large or small quantities, including the storage
for the sale of parts thereof or for salvage value. This shall also
include premises used for the wrecking of motor vehicles and storing
and selling of parts thereof.
Shall mean a place in which is conducted the business of
buying, selling or storing scrap iron or steel or other metals, or
in which these materials are processed in any manner, including but
not limited to smelting, baling or shredding.
[R.O. 1966 § 8:8-3; R.O. 1966 C.S. § 8:8-3; Ord. 6 S+FA, 2-3-1988 § 2]
a.
No person shall be licensed as a keeper of a junk shop, junkyard
or metal processing facility unless he shall be a citizen of the United
States or a corporation registered with the Secretary of State of
the State of New Jersey.
b.
No pawnbroker shall, during the continuance of his license as such,
receive or hold a license to carry on the business or trade of keeper
of a junk shop, junkyard or metal processing facility.
c.
No person, corporation, partnership or other business organization
shall be licensed as a keeper of a junk shop, junkyard or metal processing
facility if such person, a shareholder of such corporation, a partner
of such partnership or any person with a beneficial interest in any
such other business organization, has been convicted of a crime involving
moral turpitude.
d.
No person shall be licensed as a junkyard or metal processing facility
where automobile engines or automobile parts or plastic or metal drums
are stored, unless a sanitary drain approved by the Director of the
Department of Engineering for the City of Newark has been installed
for the discharge of any liquid waste to a public waste water facility
and unless all activities at the site including storage shall take
place on an impervious surface.
e.
No person shall be licensed as a junkyard or metal processing facility
where drums are stored unless the drums are so closed as to prevent
any discharge and are so sealed as to prevent any leak.
[R.O. 1966; R.O. 1966 C.S. § 8:8-4]
a.
Every license granted to a keeper of a junk shop, junkyard or metal
processing facility shall designate the place in which the licensee
shall be authorized to carry on such business. The licensee shall
not carry on such business at any place other than the one designated
in such license unless he complies with paragraph b of this section.
b.
In case a licensee shall remove his place of business from the place
designated in the license, he shall immediately give notice thereof
to the Manager, Division of Tax Abatement/Special Taxes, who, upon
approval thereof, shall endorse the new place of business upon the
license.
[R.O. 1966; R.O. 1966 C.S. § 8:8-5; Ord. 6 S+FD, 11-16-1992; Ord. 6 S+FW, 5-5-1999 § 1; Ord. 6 PSF-D, 8-3-2016 § 6; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
The fee for a junk shop, junkyard or metal processing facility license
issued under this Article shall be $3,000.
1.
The biennial fee for a metal processing facility license issued under
this Article shall be $3,000.
b.
The license fee shall be payable biennially upon the presentation
of the application and shall be returned less the sum of $100 in the
event such license is not granted.
c.
All licenses issued, and renewals thereof, under this Article shall
expire biennially on April 30th after its date of issuance. If any
applicant obtains an initial license pursuant to this section after
the renewal date or in between a biennial cycle, the applicant will
pay a pro-rated application fee. The applicant's license will thereafter
expire on April 30th in accordance with the biennial licensing cycle.
The Division of Tax Abatements/Special Taxes shall establish administrative
rules and/or regulations pertaining to scheduling for the issuance
of a junk shop, junkyard or metal processing facility license.
[R.O. 1966; R.O. 1966 C.S. § 8:8-6]
Every person to whom a license shall be granted as the keeper
of a junk shop, junkyard or metal processing facility shall file a
surety bond with the Manager, Division of Tax Abatement/Special Taxes,
with good and sufficient surety approved by the Department of Law,
in the penal sum of final $500 and conditioned for the due observance
of all the provisions of this Article during the continuance of the
license.
[R.O. 1966; R.O. 1966 C.S. § 8:8-7; Ord. 6 S+FE, 8-4-2004 § 3]
a.
Every person operating or conducting a licensed junk shop, junkyard
or metal processing facility shall have and keep a sign on the outside
and in front of his shop, or other place used by him for carrying
on such business, on which shall be plainly set forth in conspicuous
letters his name and his licensed business.
b.
The purpose of fences and screening walls is to eliminate the visual
impact of the junkyard contents by obscuring it from view outside
the premises.
c.
The perimeter of each facility shall be fully enclosed by opaque,
freestanding fencing or screen walls. Minimum height of this enclosure
shall be 10 feet and not to exceed a height of 12 feet. Such fencing
or screening walls shall be constructed at least 10 feet within the
inside of the front, side and rear lot lines and shall be constructed
in such a manner that no outdoor storage or salvage operations shall
be visible from an adjacent property, street or highway.
d.
Storage, either temporary or permanent, between such fence or wall
and any property line is expressly prohibited.
e.
No junk or material shall be piled against the fence or screening
wall nor shall the owner and/or operator of the facility store any
junk or materials within the facility at a height greater than the
height of the surrounding fence or screening wall.
f.
All opaque fences and screening walls shall be made of wood, metal
or other materials commonly used in the building trade, and shall
be of such type as necessary to provide obscurement. Fences and screening
walls shall be designed to withstand a minimum wind load of 20 pounds
per square foot and shall be of a permanent nature. All materials
used for finishing fences or screening walls shall be opaque which
will blend with the natural surroundings. Fences or screening wall
or the maintenance of the fence or screening wall will not create
or contribute to the creation of a safety hazard or endanger public
safety, nor will it interfere with the public's use of any right-of-way.
No such fence or screening wall shall be used for advertising signs
or other displays, which are visible from the public rights-of-way.
g.
An owner or operator of such a facility shall maintain the fence
or screening wall in a condition equal to the original installation
of the fence or screening wall. Maintenance shall include, but not
be limited to, the renewal of the surface treatment with stains, paints,
or other appropriate materials when needed and the replacement of
panels, sections, members or support structures of the fence or screening
wall when needed.
h.
In order to insure fire protection, a fifteen-foot wide, unobstructed
firebreak completely surrounding the junkyard property within and
adjacent to the fenced or screened wall perimeter of the property
shall be required.
i.
No such fencing shall be erected within 1,000 feet of the nearest
property line of a residential property, church, school, hospital,
public building or public assembly.
[1]
Editor's Note: Pursuant to Section 4 of Ordinance 6 S+FE,
8-4-2004, each existing facility shall be afforded the period of one
year from the effective date of this ordinance to operate their facilities
in compliance herewith.
[R.O. 1966; R.O. 1966 C.S. § 8:8-8; Ord. 6 S+FE, 8-4-2004 § 1]
a.
Every licensed keeper of a junk shop, junkyard or metal processing
facility shall be authorized to maintain such junk shop, junkyard
or metal processing facility for the purchase and sale of junk, rags,
old rope, old iron, brass, copper, tin, lead, and other old metal,
old bottles, old glass, or old tinware, or any other material commonly
designated as junk.
b.
The storage of rags, paper, and similar combustible waste shall not
be closer than 100 feet to any property line unless enclosed in a
masonry building of not less than four hour fire-restrictive construction.
c.
The bulk storage of oil, petroleum and similar inflammable liquids
and chemicals when stored underground in tank shall not be closer
to any property line than the greatest depth to the bottom of such
tanks or above the ground in tanks located 150 feet from any property
line.
d.
The density of motor vehicles on said property shall not exceed one
vehicle for each 200 square feet of land or floor area. Provided however,
the owner of any such property which has a greater density of vehicle
thereon upon the effective date of this subsection shall not be required
to move the same but shall not be permitted, however, to place any
more vehicles thereon until such time as it can be done without exceeding
said density of one vehicle per each 200 square feet.
e.
All gasoline, oil, anti-freeze, air conditioning coolant, transmission
fluid, and other fluids shall be drained and removed from any unregistered
motor vehicle or other object to be junked or wrecked and located
on the property.
f.
The material and junk located on the property shall be so arranged
that reasonable inspections or access on all parts of the property
can be had at any time by the proper fire, health, police, and building
authorities.
g.
Water shall not be permitted to accumulate in the materials and junk
until it becomes vile or stagnant, and weeds and rank vegetation shall
not be permitted on said property. The property shall be kept free
of vermin, rodents, reptiles, and animals of all kinds, other than
properly licensed dogs and cats.
h.
No materials or wastes shall be deposited upon a lot 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 water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
i.
All such facilities shall conduct their business operations in compliance
with the Federal Clean Water Act, 33 U.S.C. 1251 et seq., and the
New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.,
and the regulations promulgated thereto, specifically the Code of
Federal Regulations (including 40 C.F.R. 122-125, 130-131, and 133)
and the New Jersey Administrative Code (N.J.A.C.) 7:14A, all of which
empower the New Jersey Department of Environmental Protection to regulate
the discharge of pollutants, including pollutants in stormwater, into
the waters of the State of New Jersey. In accordance with the foregoing
statutory and regulatory authorities, all facilities shall possess
either a basic industrial stormwater general permit, scrap metal facilities
stormwater general permit, industrial stormwater individual permit
or an interim industrial stormwater individual permit when so required
by the New Jersey Department of Environmental Protection.
[1]
Editor's Note: Pursuant to Section 4 of Ordinance 6 S+FE,
8-4-2004, each existing facility shall be afforded the period of one
year from the effective date of this ordinance to operate their facilities
in compliance herewith.
[R.O. 1966; R.O. 1966 C.S. § 8:8-9]
No licensee under this Article shall keep, use, operate or drive a cart or wagon or other vehicle for the purchase and sale of junk, as defined in Section 8:8-8, unless each vehicle so kept, used, operated or driven by him shall be marked with his name and address of his place of business, in plain letters and at least three inches in height.
|
CROSS REFERENCE: For additional provisions concerning vehicles,
see Article 2, Junk Peddlers, this chapter.
|
[R.O. 1966; R.O. 1966 C.S. § 8:8.10]
a.
No person operating or conducting a junk shop, junkyard or metal
processing facility shall receive in the line of his business any
article or thing, by way of pledge or pawn, nor shall be loan or advance
any sum of money on the security of any such article or thing.
b.
No keeper of a junk shop, junkyard or metal processing facility shall,
during the continuance of his license as such, receive or hold a license
to carry on the business of a pawnbroker.
[R.O. 1966; R.O. 1966 C.S. § 8:8-11]
No person operating or conducting a junk shop, junkyard or metal
processing facility nor his agents, servants or employees shall receive
or purchase any goods, articles or things whatsoever, from any minor
under 18 years of age.
[R.O. 1966 § 8:8-12; R.O. 1966 C.S. § 8:8-12; Ord. 6 S+FE, 8-4-2004 § 2; Ord. 6PSF-A(S), 1-7-2016]
a.
If any goods, articles or things shall be advertised in any daily
newspaper printed and published in the City as having been lost or
stolen and if the goods, articles or things answering to the description
of the goods, articles or things so advertised or any part or portion
thereof, shall be or thereafter come into the possession of any keeper
of junk shop, junkyard or metal processing facility, he shall forthwith
give information thereof in writing to the Division of Police and
shall also state from whom the same was received.
b.
Every person operating or conducting a junk shop, junkyard or metal
processing facility who shall receive or be in possession of any goods,
articles or things which may have been lost or stolen, or alleged
or supposed to have been lost or stolen, shall forthwith, on demand
to view same, exhibit the same to the Manager, Division of Tax Abatements/Special
Taxes, Chief of Police or any judge of the City or any Police Officer
who may be authorized by any of the above mentioned officers or judges
to make such demand.
c.
Every person operating or conducting a junk shop, junkyard or metal
processing facility shall obtain a bill of sale or other proof of
ownership for any goods, articles or things purchased from the person
from whom such purchase was made and shall forthwith, on demand to
view the same, exhibit the same to the Manager, Division of Tax Abatements/Special
Taxes, Chief of Police or any judge of the City, or any Police Officer
who may be authorized by any of the above mentioned officers or judges
to make such demand.
d.
No person shall knowingly buy, sell receive, dispose of, conceal
or have in his possession any motor vehicle, part or accessory from
which the manufacturer's serial number or any other number or identification
mark has been removed, defaced, covered, altered or destroyed for
the purpose of concealing or misrepresenting the identity of such
vehicle, part or accessory. Every person to whom is offered for sale,
storage or wreckage any motor vehicle, part or accessory from which
has been removed, defaced, covered, altered or destroyed the manufacturer's
serial number, or any other number or identification mark, shall immediately
notify the Chief of Police of such offer.
[1]
Editor's Note: Pursuant to Section 4 of Ordinance 6 S+FE,
8-4-2004, each existing facility shall be afforded the period of one
year from the effective date of this ordinance to operate their facilities
in compliance herewith.
[R.O. 1966; R.O. 1966 C.S. § 8:8-13]
No person operating or conducting a junk shop, junkyard or metal
processing facility shall receive or purchase in the way of his business
any goods, articles or things from any person between the hours of
6:00 p.m. and 7:00 a.m.
[R.O. 1966; R.O. 1966 C.S. § 8:8-14]
Every keeper of a junk shop, junkyard or metal processing facility
shall provide and keep a book in which shall be clearly written at
the time of each purchase, a description of the article purchased,
the name and residence of the person from whom such purchase was made
and the day and hour of such purchase. If the article purchased is
a motor vehicle, he shall record its identification number.
The book shall, at all reasonable times, be open to the inspection
by:
a.
The police;
b.
Inspectors of the Division of Tax Abatements/Special Taxes;
c.
Any person who shall be duly authorized in writing for that purpose
by the Manager, Division of Tax Abatements/Special Taxes and who shall
exhibit such written authority to such keeper of a junk shop, junkyard
or metal processing facility.
[R.O. 1966; R.O. 1966 C.S. § 8:8-15]
Any license issued under the provisions of this Article may
be suspended or revoked, after due notice and hearing, by the Manager,
Division of Tax Abatements/Special Taxes for any violation of the
provisions of this Article or for other sufficient cause. Conviction
for possession of stolen property pursuant to the provisions of N.J.S.
2C:20-7 shall be a sufficient cause for revocation and suspension
of any license issued under the provisions of this Article.
[R.O. 1966; R.O. 1966 C.S. § 8:8-15.1]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
|
CROSS REFERENCE: For ordinances pertaining to junk shops, see
Article 1 of this chapter.
|
[R.O. 1966 C.S. § 8:8-16]
As used in this Article:
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean any person who travels or intends traveling by
foot or who uses or intends using or authorizing the use of any vehicle
in the City for the purpose of engaging in the business of buying
or selling or collecting old rope, old bottles, old iron, brass, tin,
copper, lead, steel, rags, glass, paper or other metals or any discarded
materials of any kind, and not having a fixed place of business within
the City for the aforesaid purposes.
Shall mean any horse driven cart or wagon, truck or other
self-propelled vehicle.
[R.O. 1966 § 8:8-17]
No person shall engage in the business of junk dealer without
first obtaining a license therefor from the Director.
[R.O. 1966; R.O. 1966 C.S. § 8:8-18; Ord. 6 PSF-D, 8-3-2016 § 6]
[R.O. 1966 § 8:8-19]
a.
Every person licensed as a junk dealer, whether on foot or using
a vehicle, shall, upon the procurement of the license, obtain from
the Director, a license plate. In the case of a person licensed as
a junk dealer with vehicle, a license plate shall be issued for each
such licensed vehicle, which shall be securely affixed by the licensee
to and remain on one side of the vehicle so licensed. In the case
of the junk dealer on foot, the license plate shall be carried by
the licensee. The plate, to be furnished by the City, shall indicate:
(1) the number of the issued license; and (2) the time during which
the license will be in force.
b.
No person shall mutilate, disfigure, loan, sell or otherwise dispose
of any license plate issued pursuant to paragraph a of this section.
[R.O. 1966 § 8:8-20]
Any license issued under this Article may be suspended or revoked
for due cause by the Director after notice and hearing.
[R.O. 1966 § 8:8-21]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
