[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 12, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
The purpose of this chapter is to raise revenue and to regulate the business referred to in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- MOTOR VEHICLE JUNK DEALER
- A person who establishes and maintains or intends to establish and maintain, within the City as a business, a yard, space or place for the exclusive purpose of buying and dismantling of used automobiles and of buying and selling used automobile parts.
[Amended 5-25-2004 by Ord. No. 04-041]
No person shall conduct or engage in the business of motor vehicle junk dealer without first obtaining a license thereof issued by the Licensing Division after approval thereof by the Municipal Council, in accordance with the provisions of this chapter.
No motor vehicle junk dealer license shall be granted after the effective date of this section, unless and until the number of such licenses issued and outstanding shall be less than four. When the number of such licenses issued and outstanding shall be less than four, additional licenses may be granted, but only in sufficient numbers so that the total number of motor vehicle junk dealer licenses issued and outstanding will equal but not exceed four.
An application for a motor vehicle junk dealer license shall be made by the applicant, in writing, addressed to the Council on forms approved by the Council and furnished to the applicant at the office of the Licensing Division. The application shall be filed with the Licensing Division and shall be accompanied by the required license fee.
[Amended 4-19-1983 by Ord. No. 83-031]
Upon the filing of the application accompanied by the prescribed license fee, the Council shall fix a reasonable time for a public hearing to be held before it on the application, and the Licensing Division shall notify the applicant of the same.
The applicant for the license shall, at least five days prior to the time appointed for the public hearing on the application, give notice of such hearing, as provided in § 287-7, to all property owners within 200 feet of the property lines of the proposed location of the business to be conducted by the applicant. At the hearing, the applicant and all interested persons shall have a reasonable opportunity to be heard in person or by agent or by attorney.
[Amended 6-27-1989 by Ord. No. 89-039]
Notice of a hearing requiring public notice pursuant to § 287-6 shall be given by:
Serving a copy of said notice on the property owner as shown on the current tax duplicate, or his agent in charge of the property; or
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax list. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the license, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
The form of the notice shall include the name of the applicant, the location which is the subject of the license and the date and time of the hearing, if any, to be held before the City Council.
The applicant shall by affidavit present satisfactory proof to the Council, at least two days prior to the hearing, that said notices have been duly served.
Except as otherwise provided in this section, no motor vehicle junk dealer license shall be granted under this chapter to any person who has been convicted of the crime of receiving stolen goods, nor shall a license be issued to any corporation which includes as stockholder, director or officer a person who has been convicted of such crime. If, at the time of the application, more than five years have elapsed since the date of such a conviction and it appears, to the satisfaction of the Council, that the convicted person has conducted himself in a law-abiding manner during that period and his association with the junk business will not be contrary to the public interest, the Council may, in its discretion, remove such person's disqualification from holding a license and grant the license.
After the Council has approved the application for a motor vehicle junk dealer license, the license shall be issued by the Licensing Division. The license shall state the name of the licensee and the location of the premises where the business shall be conducted.
Each location of the business licensed under this chapter as a junkyard shall during the entire license term be enclosed by a suitable enclosure of not less than eight feet in height which shall be constructed in such a manner that the interior of such yard and the contents thereof shall not be visible from the outside.
The premises named in the license shall at all times be maintained in a safe manner with due regard for the public health and safety of persons and property in the vicinity in which the licensed premises are located.
No licensee under this chapter shall keep or place or cause to be kept or placed any material on the sidewalk or street or any part thereof or on or above the fence or between the fence and the sidewalk or between any building and the sidewalk.
Every licensee under this chapter shall provide and keep on the premises named in the license a book in which shall be written at the time of each purchase a description of the articles purchased, the name and residence of the person from whom the purchase was made and the date of purchase. The book shall, at all reasonable times, be open to inspection by the Chief of Police or his representatives.
The license issued under this chapter shall not be transferable from person to person except in accordance with the following procedure:
An applicant for a transfer to him of an existing license shall make application, in writing, addressed to the Council and filed with the City Clerk at least 10 days prior to the next meeting of the Council. The application shall be accompanied by the transfer fee of $50, which fee is imposed for revenue purposes. In the event that the transfer is not granted by the Council, said transfer fee shall be returned to the applicant.
The applicant for a transfer of license shall cause to be published once in a local newspaper, at least seven days prior to the meeting of the Council, a notice of his intention to apply for the transfer. Such newspaper notice shall specify the name and address of the present licensee, the location of the licensed premises and the date and time of said meeting of the Council.
The applicant for the transfer of license shall prove to the satisfaction of the Council that he is of good moral character.
In addition to the penalty prescribed in § 287-16, any license issued under this chapter may be suspended or revoked by the Council, after hearing, upon due notice, where an individual licensee or a stockholder, director or officer of a corporate licensee or a corporate licensee:
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for a period not exceeding 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.