[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 10-5-1977 by Ord. No. 1256. Amendments noted where applicable.]
No person or persons, firm or corporation shall
engage in the business of keeping a junkyard or salvage yard, that
is, no person or persons, firm or corporation shall keep and maintain
a yard, space or place, covered or uncovered, in the Town of West
New York for the purpose of buying, taking in trade, selling, exchanging
or storing rags, old metals, old bottles, old glassware, old tinware,
old iceboxes, old refrigerators, old paper, old lumber, old building
supplies, old furniture, old plumbing fixtures, old unlicensed automobiles,
dismantled old automobiles or parts thereof, motor vehicle junk or
any other old material commonly called junk or salvage, without being
licensed so to do by the governing body of this municipality; provided,
however, that this shall not prohibit the storage of old material
to be used by the person or persons, firm or corporation storing the
same for manufacturing purposes upon the same subject premises.
As used in this chapter, the following terms
shall have the meanings indicated:
The items described in § 227-1 heretofore.
Any person, firm association, partnership or corporation
who buys, takes in, sells, exchanges or otherwise acquires junk or
salvage for commercial purposes within the Town of West New York or
who collects or stores junk or salvage therein, and shall include
any automobile wrecking business, the sale or storage of used auto
parts and the sale or storage of used lumber, used plumbing fixtures
or appliances or other used or secondhand articles.
Any land within the Town of West New York upon which junk
or salvage is placed, collected, stored, traded in or exchanged or
kept for commercial purposes.
Any open-air plot of ground, yard or parcel of land consisting
of part of one lot, or one or more lots, as set forth in the Tax Map
of the Town of West New York, and which parts of the lot or lots are
adjacent and contiguous to each other and, if described by metes and
bounds, would have one continuous and uninterrupted boundary line.
A.
No such license shall be issued until the applicant
shall have made and filed with the Town Clerk written application
in triplicate on forms furnished by the town, and which application
shall provide:
(1)
The name and address or residence of the applicant,
and if a firm, association, partnership, limited partnership or corporation,
the names and addresses of the officers, registered offices and registered
officer, if any. In the event the applicant is an association, partnership,
limited partnership or corporation, it shall also list the names and
addresses of all active and inactive members, partners, stockholders
and any person who has or holds any beneficial interest in and to
the capital stock of any such entity or corporation. Where the applicant
is a corporation, a certificate of good standing of the corporation
attested to by the Secretary of State shall also be furnished with
the application. In the event the applicant is an individual, he shall
set forth his interest in the business and list the names and addresses
of any other person or entity that has an interest directly or indirectly
in the business to be conducted upon the subject premises.
(2)
The street address and lot and block numbers on the
Town Tax Map of the premises desired to be licensed.
(3)
If the applicant is not the owner of the site where
the business is to be licensed and conducted, the owner's consent
to conduct the business on his land shall accompany the application.
(4)
Each application shall have attached thereto an accurate
sketch or drawing of the property desired to be licensed, showing
the names and locations of all public highways adjoining the premises,
the dimensions in feet of the said premises, the lot and block numbers
on the Tax Map of said premises and the names and addresses of all
real property owners within 200 feet of the premises sought to be
licensed.
(5)
A detailed summary of the nature of the business to
be carried on on the premises.
(6)
A receipted real estate tax bill for the subject premises.
B.
In making his application for a license or renewal,
the applicant shall give written notice to all property owners within
200 feet of the proposed licensed premises of his intention to apply
for such license. Such notice shall be served either personally or
by registered mail, return receipt requested, at least 10 days before
the application is filed with the Town Clerk. Written proof of such
service in affidavit form shall accompany the application for a license.
A.
The licensed premises shall be subject to official
inspection at any time by the governing body of the municipality,
as well as its agent and employees acting in an official capacity,
and by any police officer or the Health Officer, the local Fire Commissioner
and representatives of the local fire company desiring to make an
inspection of the licensed premises.
B.
Every license issued hereunder shall be kept in a
conspicuous place on the licensed premises and shall be procured and
made available for inspection by authorized officials as herein provided.
C.
Prior to the issuance of any license or renewal thereof,
the Building Inspector or his assistant shall inspect the licensed
premises as soon as practicable upon receipt of the application for
a license or renewal thereof, and he shall make his written report
to the Board of Commissioners of approval or disapproval of the operation
at the subject premises, setting forth his reason for any disapproval.
The Town Clerk shall notify the applicant in writing of any disapproval
and transmit the reason therefor to the applicant. Thereafter, the
applicant shall rectify any and all conditions in violation of this
chapter forthwith, and, upon correction, the applicant shall notify
the Town Clerk and the Building Inspector in writing of the corrections
made, and the Building Inspector or his assistant shall reinspect
the premises as soon as practicable and make his written report to
the Board of Commissioners. No license shall issue unless and until
the applicant has complied with all the requirements of this chapter
and corrected any deficiency as determined by the Building Inspector
or his associate pursuant to this chapter.
D.
Upon receipt of the application, the Town Clerk shall
forward a copy of same to the Town Police Department, which shall
forthwith investigate the character and background of the applicant
or, if the applicant is a legal entity, the character and background
of the principals, is partners, stockholders or any person holding
a beneficial interest therein, or of a firm or limited partnership
holding a benefit in such entity. The investigation shall be concluded
as soon as practicable and a written report thereof shall be transmitted
to the Town Clerk by the Police Chief or such official as designated
by the Chief of Police.
E.
Upon receipt of written approval from the Building
Inspector or his assistant and from the Police Department and subject
to the approval as required hereunder, the Town Clerk may place the
application on the agenda for consideration by the Board of Commissioners.
A license or renewal thereof may only be granted by the Board of Commissioners
at a public meeting and upon compliance by the applicant with this
chapter and such other applicable ordinances of the Town of West New
York.
The licensee shall:
A.
Maintain the licensed premises in a safe manner, and
particularly the premises shall be kept free of rats, weeds, brush,
dry leaves, unbound or loose papers and stagnant water in such quantity
as to be a hazard to the health or well-being of the general public
or the comfort of adjacent or nearby property owners or residents.
B.
Maintain the licensed premises in a sightly manner,
with due regard to the public safety of persons and property in the
vicinity in which the junkyard is located, and particularly the junk
shall not be so piled or placed as to endanger any person upon the
licensed premises, on adjacent property or on any public highway.
The junk and debris on the licensed premises shall be so secured that
it may not escape said premises or be permitted to be promiscuously
blown about on the licensed or other premises.
C.
Not set or permit any outdoor fire on the licensed
premises.
D.
Stack, pile or arrange the merchandise and personal
property on the licensed premises in such manner that a fire truck,
police car or first-aid ambulance may have at least one open and unobstructed
driveway to and across each licensed premises, with appropriate open
space for turnaround or other means of entrance and exit in all cases.
The licensee shall not stack junk or salvage material, including automobiles,
higher than six feet.
E.
Be a citizen of the United States of America if the
licensee is a natural person or persons. If the licensee is a corporation,
it shall be a corporation of New Jersey or be duly licensed to do
business in New Jersey, have a principal office in this state and
a registered agent in charge thereof upon whom process of service
can be made.
F.
Construct a solid fence at least seven feet high so
that the contents of any junk or salvage yard are entirely enclosed
on all sides. Said fence shall be sightly and shall not be constructed
from materials of different quality, types or dimensions and shall
be maintained and painted so as not to detract from the surroundings.
Said fence shall be kept in good repair at all times and shall have
no openings through which persons or animals may enter, except for
doors or gates necessary for ingress and egress to said junkyard,
which said doors or gates shall be kept closed at all times except
when actually needed for ingress or egress. The doors or gates herein
described shall not exceed 15 feet in width, and there shall be no
more than two such openings.
G.
Make certain that each entrance and exit to the licensed
premises is well marked as such by appropriate signs, and permit automobiles
to enter and leave the licensed premises only at established entrances
and exits respectively. The purposes of the provisions of this subsection
are to prevent cars from promiscuously or surreptitiously entering
and leaving the licensed premises, thus preventing interference with
traffic upon the adjacent public highway and lessening the likelihood
of accidents and injuries, and to permit observation of the licensee's
operation by those municipal officials who are charged hereunder.
No damaged or disabled vehicle, junk or salvage materials shall be
parked, stored or placed outside the limits of this fence. Said fence
shall be constructed by each licensee within six months from the date
of adoption of this chapter and shall otherwise comply with all zoning
requirements respecting setbacks and side yard requirements for structures.
H.
Not purchase anything from a person under the age
of 18 years, unless accompanied by his or her parent, guardian or
person standing in the place and stead of parent or guardian to such
minor.
I.
Not make or permit excessive noise on the licensed
premises so as to unreasonably disturb adjacent or nearby residents
in the quiet enjoyment of their properties or so as to be detrimental
to the health and well-being of the residents in the immediate vicinity
of the licensed premises. No motor vehicle or junk or salvage shall
be stored, bought, sold, exchanged, traded in or dismantled within
500 feet of any dwelling house, place of residence, church, school,
auditorium, place of public gathering or like place, except such dwelling
house as may be situated on the licensed premises.
J.
Take precaution to safeguard all inflammable, combustible
or explosive materials from fire, and no licensee shall stack, pile
or place junk upon the licensed premises in such manner as to create
a fire hazard, and, in addition, all gasoline, fuel or other explosive
material shall be drained and removed from any motor vehicle within
eight hours after it is received on any premises licensed as a junkyard,
conducted by a junk dealer, located in the Town of West New York,
and said gasoline, fuel or other explosive material shall be either
removed from said premises or kept in a leakproof tank buried on said
premises at a point not closer than 100 feet from any dwelling house
and to a sufficient depth so that the top of the tank shall not be
nearer to the ground level than 2 1/2 feet, and which tank shall
be located within the permissible portion of the premises, as hereinafter
set forth in this chapter, at which said business is conducted.
K.
Not conduct his business in any junkyard or salvage
yard as defined in this chapter at any point on said premises which
shall be located nearer than 150 feet from any street or highway nor
nearer than 50 feet to any of the side lines of said premises where
said side lines are more than 150 feet from any street or highway
which does not run parallel with or along the front of said premises;
provided, however, that these setback provisions shall not apply to
junkyards already in existence and operating prior to the adoption
of this chapter.
Every licensee shall be required to keep a written book or record in bound form at the licensed premises. Said book or record shall contain a legible daily record of the description of all articles purchased, the name and address of the person from whom each was purchased and the price paid. Said book or record shall be open to inspection at any reasonable time requested by any of the persons or officials named in or referred to in § 227-4 hereof.
All licenses issued pursuant to the provisions
of this chapter shall expire at 12:00 midnight on December 31. An
application for renewal shall be filed with the Town Clerk on or before
November 1 of the year of expiration.
A.
A separate license shall be obtained for each separate
location at which the business of the licensee is conducted, and the
license shall authorize the licensee to conduct the said business
only at the place specified in the license.
B.
No license shall be transferable from one location
to another unless and until:
(1)
The latter location complies with this chapter.
(2)
Written application has been made for such transfer,
which application shall show the same general items as to the applicant
and the premises as are required for the original license.
(3)
A transfer fee of $250 has been paid to the Town of
West New York.
(5)
The landowner's consent to the license, such as is required by § 227-3A(3) where the applicant is not the owner of the land site for the license, shall also accompany the application for transfer.
(6)
The license has been endorsed by the Town Clerk of
the Town of West New York after adoption of a resolution by the Board
of Commissioners approving the same, which approval shall be granted
upon the licensee's satisfying all of the requirements of this chapter
as to the new location, and with the further provision that the licensee
is not at the time of the application in violation of any provision
of this chapter.
No license shall be granted for or transferred
to any land site or premises where such business is forbidden by any
legal ordinance.
No transfer of license from one person or entity
to another person or entity shall be made except upon written application
signed by the person or entity desiring to secure the transfer and
bearing the written consent of the then licensee. Such application
shall be accompanied by a transfer fee of $250. The proposed transferee
shall be capable of qualifying as an original licensee and shall file
an application as provided for in this chapter.
A.
No license shall be issued to or be outstanding in
the name of any person convicted of a crime involving moral turpitude,
breaking and entering, robbery, larceny or receiving stolen goods.
In the event the applicant or licensee is a limited partnership, firm
or corporation, no license shall be issued or be outstanding where
any principal of the entity or stockholder of such corporation would
not qualify individually for a license pursuant to this subsection.
B.
No person convicted of any of the foregoing crimes
shall be employed by any licensee without prior approval of the Board
of Commissioners. Prior to such approval being given, the Board of
Commissioners shall request the Police Chief to make an investigation
regarding such person, and the Chief shall file his reports and recommendations
with the Board of Commissioners within 30 days of receipt of such
written request.
In connection with the violation of this chapter,
each day such violation shall be continued shall be deemed and taken
to be a separate and distinct offense and violation thereof.
A.
Whenever the authorized West New York Town official
shall determine that there are reasonable grounds to believe that
there has been a violation of any provision of this chapter or of
any rule or regulation adopted pursuant thereto, he shall give notice
of such alleged violation to the person or persons responsible therefor
as hereinafter provided, and said official shall also notify the Town
Clerk and the Board of Commissioners of such alleged violation in
writing. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
Be served upon the owner or his agent, provided that
such notice shall be deemed to be properly served upon such owner
or agent if a copy thereof is served upon him personally, or if a
copy thereof is sent by certified mail to his last known address,
or if a copy thereof is posted in a conspicuous place in or about
the junkyard or salvage yard affected by the notice or if he is served
with such notice by any other method authorized or required under
the laws of the state.
B.
Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted thereto. Any person
affected by any notice which has been issued in connection with the
enforcement of any of the provisions of this chapter or any rule or
regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Board of Commissioners, provided
that such person shall file in the office of the Town Clerk a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor within seven days after the day the notice
was served. Upon receipt of such petition, the Town Clerk shall set
a time and place for such hearing and shall give the petitioner written
notice thereof. At such hearing, the petitioner shall be given an
opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than seven
days after the day on which the petition was filed, provided that
upon application of the petitioner, the Board of Commissioners may
postpone the date of the hearing for a reasonable time beyond such
seven-day period if in its judgment the petitioner has submitted a
good and sufficient reason for such postponement. After such hearing
the Board of Commissioners shall sustain, modify or withdraw the notice,
depending upon its findings as to whether the provisions of this chapter
and the rules and regulations adopted pursuant thereto have been complied
with. If the Board of Commissioners sustains or modifies such notice,
it shall be deemed to be an order, which, at the discretion of the
Board of Commissioners, may operate as a revocation of a junkyard
or salvage license. Any notice served pursuant to this chapter shall
automatically become an order if a written petition for a hearing
is not filed in the office of the Town Clerk within seven days after
such notice is served. The proceedings at such hearing, including
the findings and decision of the Board of Commissioners, shall be
summarized, reduced to writing and entered as a matter of public record
in the office of the Town Clerk. Such record shall also include a
copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Board of Commissioners
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
C.
Whenever the authorized official of the Town of West
New York shall find that an emergency exists which requires immediate
action to protect the public health or safety, he may, without notice
or hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately, but upon filing
a petition with the Town Clerk, shall be afforded a hearing within
72 hours of the receipt by the Clerk of such petition. After such
hearing, depending upon its findings as to whether the provisions
of this chapter and the rules and regulations adopted pursuant thereto
have been complied with, the Board of Commissioners shall continue
such order in effect, modify it or revoke it.
There shall be no more than four junkyard or
salvage yard licenses issued in and for the Town of West New York.
