[HISTORY: Adopted by the Township Committee (now the Township Council) of the Township of Saddle River (now the Township of Saddle Brook) 3-23-1953 as Ord. No. 373. Section 114-19 amended and original Section 22 deleted at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation operating an existing junkyard or junk shop to keep, maintain or operate what is commonly known as a "junk shop" or "junkyard" or to purchase, sell, store or deal in junk, as hereinafter defined, at any place within the limits of the Township of Saddle Brook without first having obtained a license therefor in accordance with the provisions of this chapter.
For the purpose of this chapter, the following definitions are hereby established:
- Any waste material or discarded material, old lumber or material obtained from dismantled buildings, or old iron or other metal or substances, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, unregistered motor vehicles which are unfit for reconditioning for sale for highway transportation, used parts of motor vehicles and any material commonly and generally known as "junk," in the ordinary meaning of the word, acquired or collected commercially.
- JUNK DEALER
- Any person, firm, association, partnership or corporation who buys or otherwise acquires junk for commercial purposes within the limits of the Township of Saddle Brook, or who collects and stores junk therein.
- JUNK SHOP
- Any building within the Township of Saddle Brook in which junk is stored.
- Any lot of land within the Township of Saddle Brook on which junk is placed, collected, stored or kept.
Every person, firm or corporation applying for a license to engage in said business shall file with the Township Clerk a written application signed by the applicant or applicants, which application shall state:
The name and residence of the applicant, and if a firm or corporation, the names and addresses of the officers and the registered agent or partners.
The length of time that the applicant or applicants, or if the applicant is a firm or corporation, the length of time that the manager or the person in charge, has been a resident of the township, if such is the case; his or their place of previous employment; and whether the applicant or applicants have been convicted of a crime, and if so, when, what offense and in what court.
The detailed nature of the business conducted.
The place where the business is to be located and carried on.
Such application shall be accompanied by cash in a sum equaling the whole license fee, which shall be returned in the event that the license is refused.
The applicant shall, at least ten (10) days prior to the time appointed for hearing on said application, give personal notice to all property owners within five hundred (500) feet of the property lines of such junkyard or junk shop. Such notice shall be given either by handing a copy thereof to the said property owners or by leaving a copy thereof at the usual place of abode of said property owners with a member of the family fourteen (14) years of age or over, if said owners are the occupants of the property affected by such application or are residents of the Township of Saddle Brook, and, in addition thereto, by mailing a written notice thereof by registered mail to the residence of the property owner.
Whenever said owners are nonresidents of said township, such notice may be given by sending written notice thereof by registered mail to the last known address of the property owner or owners as shown by the most recent tax lists of said township. Where the owners are partnerships, service upon any partner as outlined above shall be sufficient, and where the owners are corporations, service upon any officer as above set forth shall be sufficient.
The applicant shall, by affidavit, present satisfactory proof to the Township Council, at least five (5) days prior to the hearing, that said notices have been duly served as aforesaid.
Upon the hearing, any party may appear in person or by agent or by attorney.
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 Township Council.
If the applicant is not the owner of the site where the said business is to be conducted, the owner's consent to the conduct of said business shall be endorsed on the application.
The license shall authorize the licensee to conduct the said business at the place specified in the license and shall not be transferable to another location nor assignable or transferable in any manner.
Every person so licensed hereunder shall be entitled to keep one (1) cart, wagon, truck or vehicle for the purpose of collecting the junk articles above mentioned in the Township of Saddle Brook; provided, however, that if said person so licensed as aforesaid desires to keep more than one (1) cart, wagon, truck or vehicle, the licensee shall first apply to the Township Clerk for such a privilege and shall pay the sum of fifty dollars ($50.) for each additional wagon, truck or vehicle; provided, also, that any licensee using any such cart, wagon, truck or vehicle or who shall authorize the same to be used shall cause to be painted on the outside of such cart, wagon, truck or vehicle the name of the licensee at length and the street and number of the licensee's place of business in plain letters. Said letters shall be not less than two and one-half (2 1/2) inches in length, and said licensee shall also attach to one (1) side of every such cart, wagon, truck or other vehicle a metal tag bearing the number of such license, which tags shall be furnished by the township.
Every person, firm or corporation not licensed hereunder as a junk dealer but who intends to use or authorize the use of any cart, wagon, truck or vehicle in the Township of Saddle Brook for the collection, purchase or sale of any articles of junk above mentioned shall, before so doing, make application to the Township Clerk and receive a license for said purpose and pay the sum of fifty dollars ($50.) for each and every such cart, wagon, truck or vehicle.
Every person engaged in drawing or driving any cart, wagon, truck or vehicle for the purpose of collecting junk, old rope, old iron, brass, copper, tin, lead or other metals, rags, old bottles and such like shall at all times carry with him when so engaged the license issued for said cart, wagon, truck or vehicle whereby such conveyance is authorized, and shall exhibit the same on demand to any police officer of the Township of Saddle Brook, New Jersey.
Each lot or any part thereof so licensed as a junkyard shall be enclosed, in the manner herein provided, by a fence not less than eight (8) feet in height. Said fence shall be constructed of such suitable and durable material, along all or such of the boundaries of the said junkyard and in such manner as the governing body shall determine to be in the interests of health, safety and the general welfare of the community. Such fence shall be set back at least twenty (20) feet from any street or highway upon which the premises abut. If a greater fence setback shall be required by the provisions of any other ordinance, the more restrictive provisions shall control.
Editor's Note: See Ch. 89, Fences.
No licensee hereunder shall purchase any goods, articles, merchandise or motor vehicles or motor vehicle parts from any person under the age of eighteen (18) years.
Every licensee shall provide and keep a book in which shall be written at the time of each purchase a description of the article so purchased, the name and residence of the person or persons, firm or corporation from whom such purchase was made and the date of such purchase. The said book shall be at all reasonable times open to inspection by the Chief of Police or any person who shall be duly authorized in writing for that purpose, who shall exhibit such written authority to such licensee.
The make, model, engine number and serial number of all motor vehicles or dismantled engines purchased or received by any licensee shall be reported to the Chief of Police of the Township of Saddle Brook within twenty-four (24) hours after the receipt thereof and before the same are dismantled or the identification marks removed or obliterated or before the same are disposed of.
All licensed premises shall be subject to inspection at all times by the members of the Police Department and other representatives of the township.
No goods, articles, merchandise or motor vehicles shall be placed by the said licensee on the sidewalk or any part thereof or on or above the fence or between the said fence or any building and the sidewalk, nor shall the said licensee use the street or any part thereof for the storage, repair or sale of said goods, articles, merchandise or motor vehicles.
No licensee or his agent 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 for the purpose of concealing the identity of such vehicle.
No license shall be granted if the applicant is indebted to the township for taxes or is not a citizen of the United States, nor to any person convicted of the crime of larceny or receiving stolen goods, or if there are due any taxes upon the premises for which the license is sought.
The annual license fee to be paid for a junkyard license shall be the sum of one thousand dollars ($1,000.) and for a junk shop license shall be one hundred dollars ($100.), and such licenses shall be effective from the date of issue to December 31 of the year in which said licenses are issued; and all persons, firms or corporations, upon the expiration of any license granted hereunder, shall make application to the Township Council for a license to conduct said business for the ensuing year, as provided for in this chapter.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.
Where any person, firm or corporation desires to obtain a license from the Commissioner of Motor Vehicles for a motor vehicle junkyard in accordance with Chapter 55 of P.L. 1930 and any amendments thereof and supplements thereto, such person, firm or corporation shall deposit with the Township of Saddle Brook such fees as are provided for in said Act and comply with all provisions therein contained; provided, however, that nothing in this chapter shall be construed as exempting any person, firm or corporation licensed hereunder, whether or not said licensee is also licensed by the state, from paying the annual license fee provided for by § 114-19.
Editor's Note: See N.J.S.A. 39:11-1 et seq.
All licenses under this chapter shall at all times be subject to such reasonable rules as may be made by resolution from time to time by the Township Council of the Township of Saddle Brook, New Jersey, for the proper operation and regulation of the places of business named in such licenses.
Any person or persons, firm or corporation violating any of the provisions of this chapter shall, on conviction thereof, pay a fine not exceeding two hundred dollars ($200.) for each violation or be imprisoned for a period not exceeding thirty (30) days, or both.