[HISTORY: Adopted by the Township Council
of the Township of Old Bridge as Sec. 5-7 of the 1973 Revised General
Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An area, covered or uncovered, used for the purpose of buying,
selling, exchanging or storing old or secondhand metals, bottles,
glassware, tinware, paper, lumber, plumbing fixtures, dismantled or
inoperable automobiles or any other thing which is no longer used
or usable for its intended purpose but which may have value because
of the parts or materials it contains.
No person shall operate a junkyard in the Township
without having first obtained a license from the Clerk and paid the
required license fee.
There shall be charged and collected for the license an annual fee as set forth in § 347-4. The license shall expire at the end of each calendar year. The license fee shall be payable to the Township Clerk for each year or part thereof.
In addition to the information required by § 247-2, the application for a license under this chapter shall be accompanied by a plot plan in triplicate and drawn to scale showing the dimensions of the premises, the location of all fences and screening and any other information which may appropriately be required for the effective enforcement of this chapter.
The application shall be accompanied by a bond
to the Township in the penal sum of $1,000, with a surety or sureties
or collateral security approved by the Mayor and Council, conditioned
for the due observance during the term of the license of all laws,
ordinances, rules and regulations in force or thereafter adopted by
the duly constituted authorities of the Township applicable to junkyards
or junkyard business.
No license shall in any event be issued unless
the applicant has obtained a certificate of occupancy of the location
to be used therefor.
In addition to the investigation provided for by § 247-2, the Construction Official shall inspect the premises for which a license is desired to determine whether it complies with the provisions of this chapter. He shall report the results of his investigation to the Clerk. No license shall be issued unless the Construction Official's report is favorable. In addition, no license shall be issued until the Administrator has verified that the junkyard sought to be licensed is a legal nonconforming use.
Each licensed place or premises shall at all
times be entirely surrounded or fenced by a fence extending from the
ground to a height not greater than eight feet. It shall be of cinder
block or other masonry construction firmly supported on adequate concrete
footing. The fence shall not be used for advertising purposes either
by the operator of the business or by any other person, except that
there may be affixed to the fence a sign not larger than 60 inches
by 20 inches, setting forth the name of the business.
A.
Adequate precautions shall be taken in every junkyard
to prevent fire from breaking out or spreading. In particular, no
explosive or extremely inflammable material shall be stored in a junkyard.
B.
No material shall be treated, separated or prepared
by burning the same by means of fire unless such burning shall be
by a mechanically controlled method approved by the Fire Official,
provided that the Fire Official may from time to time grant special
permits to allow burning by fire without any mechanical control thereof
at such places and times and with such precautions as may be deemed
safe to life and property in the neighborhood.
[Amended 1-3-1989 by Ord. No. 70-88]
C.
Junk shall be stored and stacked so as to permit customers
of the junkyard and other persons to move about easily and without
risking injury.
D.
No material shall be stored or deposited on any licensed
premises to a height greater than the height of the fence required
to be constructed around such premises.
E.
It shall be unlawful to hammer or pound any metals,
or other materials on the premises, between the hours of 8:00 p.m.
and 7:00 a.m. on weekdays, or at any time on Sundays.
F.
No automobiles, parts thereof or other junk or material
shall be stacked, placed or kept within 20 feet of the inside sidewalk
line of any street.
G.
It shall be unlawful for any licensee to permit any
of the materials regulated herein to be placed upon the licensed premises
in such a manner as to permit rainwater to collect and remain in and
about the premises for a period longer than 24 hours.
H.
No operator of a junkyard shall permit rodents or
conditions likely to attract rodents, or any other unhealthy or unsanitary
conditions, to exist on the premises.
No license issued hereunder shall entitle the
licensee to operate thereunder, at, in or on any other lot, building
or location than that which is specified in the license.
The Construction Official may inspect any junkyard
at any reasonable time to ascertain whether the provisions of this
chapter are being complied with.
The licensed place or premises shall at all
times comply with all necessary police or fire regulations imposed
by the Police and Fire Departments of the Township in order to prevent
conflagration and the storage and disposition of stolen property.
The business and the place and premises where conducted shall be subject
to reasonable inspection by police and fire authorities of the Township.
It shall be the duty of the Fire Official and the Chief of Police
to immediately report in writing to the Administrator any violation
of any regulation imposed by their respective departments. The report
shall set out the specific regulation violated and the nature of the
violation.
Each licensee shall keep a daily record, in
ink or indelible pencil and in the English language, of all motor
vehicles or parts thereof purchased, including an accurate description
of the person from whom purchased; a complete description of the purchase
which shall include the name of the motor, body, axle, coil, starter,
carburetor, magneto, steering gear, radiator and manufacturer's number
and any other serial number; the style of the body, model, color and
license number thereof; and the day and hour of the purchase and the
price paid. Such record shall at all reasonable times be open for
inspection to any member of the Police Department of the Township
or to any person duly authorized by the Administrator.
[Added 3-23-2015 by Ord.
No. 2015-06]
A.
ACCEPTABLE IDENTIFICATION
DEALER
ITINERANT BUSINESS
MUNICIPAL CLERK
PUBLIC
REPORTABLE TRANSACTION
SCRAP METAL
SCRAP METAL BUSINESS
SELLER
TRANSIENT BUYER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another
US state, a valid United States passport, or other verifiable US government-issued
identification, which will be recorded on the receipt retained by
the dealer and subsequently forwarded to the local police department
on request.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
a scrap metal business involving the buying and/or selling of scrap
metal as defined herein, including itinerant businesses, and transient
buyers as defined herein.
Any scrap metal dealer who conducts business intermittently
within the municipality or at varying locations.
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and who is duly appointed as municipal clerk of the Township
of Old Bridge.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which scrap metal is purchased or pawned.
Used, discarded, or previously owned items that consist predominantly
of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel,
or alloys.
A commercial establishment, which, as one of its principal
business purposes, purchases scrap metal for purposes of resale or
processing including transient buyers of scrap metal and itinerant
businesses, as defined herein.
A member of the public who sells scrap metal to a dealer.
An operator of a scrap metal business, as defined herein,
who has not been in the scrap metal business continuously for at least
six months at any address in the municipality where the dealer is
required to register or who intends to close out or discontinue the
scrap metal business within six months.
B.
License requirements for dealers. No person, partnership, limited liability company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in § 247-14H.
C.
Application process for dealers; approval or denial.
(1)
Upon receipt of an application completed pursuant to this chapter,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this chapter for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
(a)
The experience of the applicant in the business of purchase
and sale of scrap metal, although nothing in this section shall be
construed to warrant denial of a license solely on the basis of lack
of experience;
(b)
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
(c)
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
(d)
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by § 247-14E(4) of this chapter will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required under § 247-14E(1).
(2)
The Chief of Police shall complete any investigation pursuant to
this chapter within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
(3)
The Chief of Police shall, upon completion of the investigation,
recommend grant or denial of the license to the Municipal Clerk, who
shall grant or deny the license. Any recommendation of the Chief of
Police shall be in writing and, in the case of a recommendation of
denial, shall state fully and specifically the reasons for said recommendation.
If the Municipal Clerk accepts the recommendation of the Chief of
Police to deny any license, the applicant shall be notified in writing
within 10 days of such denial and the Clerk shall forward to the applicant
a statement of the reason or reasons for such denial.
(4)
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in § 247-14D, the retention and inspection requirements of § 247-14E, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by § 247-14F of this chapter.
(5)
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a scrap metal business. Notice must be filed with
the municipal clerk of Old Bridge Township.
(6)
No license shall be assignable by the dealer.
D.
Identification of seller; recordkeeping requirements for dealers.
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
(1)
Require of each member of the public selling scrap metal acceptable identification as defined above in § 247-14A.
(2)
Require each seller to execute a "declaration of ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
(3)
Record and issue to each person selling scrap metal on a sequentially
numbered receipt:
(a)
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
(b)
The name, address, date of birth, and telephone number of the
seller or sellers;
(c)
A photographed recording of the seller in a format acceptable
to the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
(d)
A photographed recording of the seller's presented acceptable identification, as set forth in § 247-14A, in a format acceptable to the Chief of Police;
(e)
A photographed recording of all items sold in a format acceptable
to the Chief of Police;
(f)
The receipt number;
(g)
A full description of the item(s) purchased, including but not
limited to the manufacturer, type, amount, form, model, any identifying
marks, numbers, dates, sizes, shapes, initials, monograms, and serial
numbers;
(h)
The price paid for the item(s);
(i)
The make, model and license plate of the motor vehicle delivering
the scrap metal;
(j)
The time and date of the transaction,
(4)
The information outlined in Subsection D(3) above must additionally be documented through the use of an electronic database software system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this chapter and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection D(6) below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase. The information entered must contain all pertinent information outlined in Subsection D(3) above.
(5)
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection D(3) above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in § 247-14E.
(6)
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the police department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in § 247-14E. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where records and articles will be stored.
(7)
For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle and the license plate of the motor vehicle must be recorded as provided in Subsection D(3) above.
(8)
No scrap metal business shall, except as provided in Subsection D(9) below, purchase:
(a)
Any metal marked with identification of a telephone, cable,
electric, water, other public utility, or other government entity;
(b)
Any utility access or water meter cover;
(c)
Any street light pole or fixture;
(d)
Any road or bridge guard rail;
(e)
Any highway or street sign, traffic directional or control sign,
or light signal;
(f)
Any metal beer keg that is clearly marked as being the property
of the beer manufacturer;
(g)
Any historical marker, grave marker, or burial vase;
(h)
Any central air conditioner evaporator coils or condensers or
catalytic converters that are not attached to a vehicle; or
(i)
Any metal bleachers or benches.
(9)
The provisions of Subsection D(8) shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
E.
Retention; suspension and revocation; other restrictions.
(1)
All scrap metal purchased by a dealer in a reportable transaction are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in § 247-14D. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased scrap metal is being held.
(2)
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by § 247-14D(2) upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
(3)
It shall be an affirmative defense to any prosecution or administrative
proceeding brought against a dealer for a violation of this section
if retention for the time period required would have resulted in serious
and substantial economic losses to the dealer, or the probability
of such losses was significant due to rapid and highly fluctuating
market conditions, provided that the persons so charged shall prove
the existence of the market conditions giving rise to the aforesaid
defense by a preponderance of the evidence. Market conditions, in
order to be a defense hereunder, must be such that financial analysts
would characterize trading as at or approaching a level or occurrence
so as to clearly distinguish trading conditions from normal variations
in market movement in response to economic news or other events.
(4)
In addition to all other reporting requirements, every dealer shall maintain for at least eight years a written record of all purchases of scrap metal in the manner prescribed in § 247-14D(3).
(5)
No dealer shall purchase any item covered by this chapter from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or his/her designee or business
designee identifying the individual from whom such purchase is to
be made and the item to be purchased.
(6)
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to § 247-14H of this chapter.
(a)
Grounds for suspension. The following shall constitute grounds
for suspension: violation of any provisions of this chapter, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
(b)
Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal, pursuant to Subsection E(8). A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal in the municipality until reinstatement.
(c)
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection E(8).
(7)
Revocation. A license issued under this chapter may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under § 247-14H.
(a)
Grounds for revocation. The following shall constitute grounds
for revocation: a third violation under this chapter; a second violation
under this chapter less than one year after an earlier violation under
this chapter; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any regulations or local ordinances
within this or any jurisdiction.
(b)
Procedure for revocation. Upon a determination that appropriate
grounds exist and that a revocation is warranted, the Chief of Police
or the Chief's designee shall so report to the Municipal Clerk
in writing. A temporary suspension will immediately and automatically
issue, if one is not already in effect, pending the outcome of the
charge. A three-person panel, appointed by the Chief of Police, shall
review the stated grounds for revocation and the panel shall issue
an appropriate disposition of either suspension, revocation, or reinstatement.
If the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating a scrap metal business within the municipality.
(8)
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days with
the Township of Old Bridge Municipal Clerk of receiving written notice
of revocation or suspension of license.
(9)
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
F.
Bond. Each dealer covered under this chapter shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A:9-139, and shall be in the penal sum of $10,000, conditioned for
the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this chapter, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the Township
of Old Bridge, be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this chapter."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
Said bond must be irrevocable for the entire one-year period plus
30 days.
G.
Fees; period of license validity. A nonrefundable fee for initial application and license for an operator of a scrap metal business, as covered under this chapter, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer will be required to pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by § 247-14D(4) of this chapter. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
H.
Violations and penalties. Violation of any provision of this chapter by any dealer shall, upon conviction thereof, be punished by a fine not in excess of $2,000 but no less than $250 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in § 247-14E(6) and (7) above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in § 247-14E(7). The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
I.
Time limit for conformance. Any person, partnership, limited liability
company, corporation, or other entity engaging in the scrap metal
business shall conform to the provisions of this chapter within 90
days following the effective date of this chapter.
