[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 by Ord. No. 373.[1] Amendments noted where applicable.]
[1]
Editor's Note: Original Section 22 was repealed 3-26-1987 by Ord. No. 945.
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.
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.
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.
A.
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:
(1)
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.
(2)
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.
(3)
The detailed nature of the business conducted.
(4)
The place where the business is to be located and
carried on.
B.
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.
A.
The applicant shall, at least 10 days prior to the
time appointed for hearing on said application, give personal notice
to all property owners within 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 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.
B.
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.
C.
The applicant shall, by affidavit, present satisfactory
proof to the Township Council, at least five days prior to the hearing,
that said notices have been duly served as aforesaid.
D.
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 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 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 cart, wagon, truck or vehicle,
the licensee shall first apply to the Township Clerk for such a privilege
and shall pay the sum of $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 2 1/2 inches in length, and said licensee shall
also attach to one 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 $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 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 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.[1]
No licensee hereunder shall purchase any goods,
articles, merchandise or motor vehicles or motor vehicle parts from
any person under the age of 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 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.
[Amended 3-26-1987 by Ord. No. 945]
The annual license fee to be paid for a junkyard
license shall be the sum of $1,000 and for a junk shop license shall
be $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.
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,[1] 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.
[1]
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 $200 for each violation or be imprisoned
for a period not exceeding 30 days, or both.
