[HISTORY: Adopted by the City Council of the City of Pleasantville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Art. I of Ch. 128 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
Any person who:
Keeps, conducts or maintains any building, structure, yard or place
for keeping, storing or piling in commercial quantities, whether temporarily,
irregularly or continually, or for the buying or selling or the dealing in
by weight, piece or quantity, or otherwise, at retail or wholesale, any old,
used or secondhand materials of any kind, including cloth, rags, clothing,
paper, rubbish, bottles, glass, rubber, iron, brass, copper or other metal,
furniture, newspapers, magazines, cardboard, rags of cotton, wool or mixed
carpets, bagging, hair, feathers, mattresses, automobile tubes, used motor
vehicles or the parts thereof and other articles whose worn condition renders
them practically useless for the purpose for which they were made and which
are commonly classed as "junk."
Buys or sells, at retail or wholesale, or deals in, by weight, piece or quantity, or otherwise, any of the materials itemized in Subsection A of this definition, from any peddler, gatherer or scavenger of said material or any person not engaged in the junk business.
No person shall carry on the business of a junk dealer without first
having obtained a license as provided in this article.
Every applicant for a license to engage in the business of junk dealer
shall file with the City Clerk a written application signed by the applicant
or applicants. Said application shall state:
A.
The names and residences of the applicants, if an individual,
partnership or firm, or the names of the principal officers and their residences
if the applicant is an association or corporation.
B.
The length of time such applicant or applicants, if an
individual, firm or partnership, or the manager or person in charge, if the
applicant is a firm or corporation, has or have resided in the city, his or
their places of previous employment, whether married or single, whether he
or they or any of them have been convicted of a crime and, if so, what offense,
when and in what court.
C.
Whether the applicant or applicants or officers or manager
of the applicant had been employed by a junk dealer or had been a junk dealer.
D.
The detailed nature of the business to be conducted and
the kind of materials to be collected, bought, sold or otherwise handled.
E.
The premises where such business is to be located or
carried on.
Every application for a license to engage in the business of junk dealer
shall be signed and sworn to.
A.
The City Clerk shall report such application to the Chief
of Police, Fire Chief and Building Subcode Official, who shall inspect or
cause to be inspected such premises to determine whether it complies with
all laws, ordinances, rules and regulations.
B.
The premises and all structures thereon shall be so situated
and constructed that the business of junk dealer may be carried on in a sanitary
manner, shall contain no fire hazards and shall be arranged so that thorough
inspection may be made at any time by the proper health, fire, building and
police authorities.
A.
Upon the filing of the application and after investigation, the Council shall, upon approval of such application and the payment to the City Clerk of the license fee provided by § 151-9, issue to the applicant a license to engage in business as a junk dealer.
B.
All licenses shall be numbered in the order in which
they are issued and shall state clearly the location of the junk business,
the date of issuance and expiration of the license and the name and address
of the licensee.
A.
Every holder of a junk dealer's license shall at all
times keep said license posted, while in force, in a conspicuous place on
the premises described in the application for such license.
B.
It shall be unlawful for any person to post a license
upon premises other than those mentioned in the application or knowingly to
deface or destroy any such license.
C.
Each vehicle, wagon and cart kept or used by a junk dealer
in the exercise of his license shall be marked on both sides with his name,
address of the applicant's place of business, the words "junk dealer" and
"Pleasantville, New Jersey," and the number corresponding to the number of
his license in plain letters and figures at least three inches high and of
such color as to be plainly read at a distance of 60 feet.
D.
Every licensed junk dealer shall have and keep a sign
on the outside and in front of each of his places of business, on which shall
be clearly set forth in conspicuous letters his name, the words "junk dealer"
and the number of his license.
Every junk dealer's license shall designate the place of business in or from which the junk dealer receiving such license shall be authorized to carry on such business. No licensee shall remove his place of business from the place designated in the license until a written permit has been secured from the Council and the same shall have been endorsed upon the license. All signs and vehicle markings required by § 151-7 shall be altered to contain the new address.
Every person engaged in the business of a junk dealer shall pay an annual
license fee of $100, due and payable on June 1 of each year. Every license
shall expire at 12:00 midnight on May 31 following its issuance.
A.
In addition to the penalty provided in § 151-20, any license issued under this article may be suspended or revoked by the Council, after notice and hearing, if it appears after such hearing that the licensee has violated any of the provisions of this article.
B.
The following procedure shall be observed:
(1)
Complaint shall be made in writing by any municipal official
or by any resident of the city.
(2)
A notice shall be issued to the licensee to appear before
the Council at a time specified therein, not less than three days after the
date of service thereof, and to show cause why his license should not be revoked
or suspended.
A.
Whenever any license shall be revoked or suspended pursuant to the provisions of § 151-10, no refund of any unearned portion of the fee therefor shall be made.
B.
For a period of five years from any revocation the Council
may, in its discretion when it deems the revoked licensee unfit to hold a
license, withhold a license from such person.
The Atlantic County Board of Health may formulate reasonable rules and
regulations relating to the conduct of business of junk dealers for the purpose
of protecting the health of the community. No junk dealer shall violate any
such rule or regulation.
A.
No junk dealer shall carry on the business at or from
any other place than the one designated in the license therefor or carry on
said business after such license has been revoked or has expired.
B.
No junk dealer shall make any purchase from any person
or receive any articles except between the hours of 8:00 a.m. and 6:00 p.m.
No purchase or receipt of any goods shall take place on Sundays and holidays.
C.
No junk dealer shall purchase or acquire from any person
under the age of 21 years any junk, other than old rags or paper, unless accompanied
by a parent or guardian of such person. No item shall be acquired from any
intoxicated person.
D.
The contents of the premises of every junk dealer shall
be arranged in an orderly manner with all similar things located together
so as to facilitate inspection by the proper authorities. The premises of
every junk dealer shall be subject to inspection by the proper municipal authorities
at any time.
E.
All articles received, except old paper and rags, shall
be retained for at least 48 hours before disposal or before such articles
are broken or otherwise changed from the condition in which they were at the
time of purchase or their identity otherwise destroyed. Payment shall not
be made for any junk purchased, except paper and rags, until at least 24 hours
after the time when said articles have been received by the junk dealer, and
then payment shall only be made between the hours of 9:00 a.m. and 12:00 noon
so as to permit police investigation. Where, however, the person from whom
junk is purchased is personally known to the junk dealer and said person's
residence or place of business is likewise known, then the restriction as
to the time of payment shall not apply. If said person from whom junk is purchased
cannot be found at the residence or place of business shown on the record
of the junk dealer, this fact shall be considered prima facie proof that said
person was not personally known to the junk dealer.
F.
No junk dealer shall purchase or otherwise acquire bottles
or glass from bottles owned or used by any individual, firm or corporation
engaged in the dairy business in Pleasantville, except from the legal owner
of such bottles. Every junk dealer shall report to the Chief of Police of
the city within two hours the fact that such bottles or glass were presented
or offered to such junk dealer for sale or other disposition.
A.
Each junk dealer shall keep a daily record, written in
ink or in indelible pencil, in the English language, of articles purchased,
including an accurate description thereof; the name and residence of the person
from whom each article was purchased; the name of the employer of such person,
if any; the day and hour of such purchase; and the price paid therefor. The
records shall at all reasonable times be open to the inspection of any police
officer, or any person duly authorized in writing for such purpose by the
Chief of Police who shall exhibit such authorization to the junk dealer, his
agent or employee. No entry in such records shall be changed, erased, obliterated
or defaced.
B.
In the case of motor vehicles or parts thereof, there
shall be kept, in addition, a record of the personal description of the person
from whom purchased and a complete description of the purchase. When parts
of motor vehicles are purchased as a complete unit and are capable of reuse
in the same form, this description shall include the trade name and the motor
body, axle, coil, starter, carburetor, magneto, steering gear, radiator and
manufacturers' numbers and any other serial number, the style of body, model,
color and license number. When parts of motor vehicles are bought in bulk
as metal junk, said description may be general in its character.
C.
In purchasing junk from any person or persons delivering
said junk by any vehicle, wagon or cart, the dealer shall, in addition to
writing down the information above mentioned, make a record of the motor vehicle's
registration number or municipal license number of the vehicle, wagon or cart.
A.
It shall be the duty of every junk dealer to deliver or cause to be delivered to the Chief of Police or his representative, every day except Sunday, before the hour of 11:00 a.m., a legible and correct transcript from the records provided by § 151-14, showing the information prescribed therein. Such information shall be supplied as the Chief of Police may require.
B.
All reports required by this article shall be signed
at the bottom by the licensee or his duly authorized representative.
C.
The Chief of Police shall cause a record to be kept of
all such reports, showing the date and time each report is received, the licensee
making the report, his license number and his address.
Every junk dealer, upon being served with a written notice to do so by a member of the Police Department, shall, in addition to the reports provided for by § 151-15 of this article, report to the Chief of Police an accurate description of all goods, articles or things purchased or received by him in the course of business of a junk dealer at such time and during such period of time specified in the notice, stating the amount paid therefor and the name, residence and general description of the person from whom such goods, articles or things were received.
No licensee, either acting for himself or by or through his agent or employee, shall wreck, tear down, paint or otherwise destroy the identity of or dispose of or allow to be taken out of his or its possession any secondhand motor vehicle, part or accessory capable of reuse as such in its same form, purchased or otherwise secured by or left for sale with him or it, until five days after the report provided in § 151-15 has been made to the Chief of Police. The Chief of Police may, after proper report is made to him, grant a special permit to a licensee permitting a secondhand motor vehicle, part or accessory, in such special permit properly described, to be sold or disposed of and delivered to another when the Chief of Police has investigated and determined that there is no question as to the ownership of such secondhand motor vehicle, part or accessory.
A.
No person shall knowingly buy, sell, receive, dispose
of, conceal or have in his possession any motor vehicle, part or accessory
from which the manufacturer's serial number or any other number or identification
mark has been removed, defaced, covered, altered or destroyed for the purpose
of concealing or misrepresenting the identity of such vehicle, part or accessory.
B.
Every person to whom is offered for sale, storage or
wreckage any motor vehicle, part or accessory from or on which the manufacturer's
serial number or any other number or identification mark has been removed,
defaced, altered or destroyed shall within two hours notify the Chief of Police
of such offer.
If any goods, articles or things whatsoever shall be advertised in any
newspaper printed in the city as having been lost or stolen and the same or
any answering the description advertised or any part or portion thereof shall
be in or come into the possession of any junk dealer or peddler, he shall
give information thereof, in writing, to the Chief of Police and state from
whom the same was received. Any junk dealer or peddler who shall have or receive
any goods, articles or things lost or stolen, or alleged or supposed to have
been lost or stolen, shall exhibit the same on demand to any police officer
or any person duly authorized, in writing, by the Chief of Police, who shall
exhibit such authorization to such dealer or peddler.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Art. II of Ch. 151 of the 1982 Code]
As used in this article, the following terms shall have the meanings
indicated:
Any person who engages in the business of buying, selling or collecting
old rope, old iron, old brass, old copper, old lead or other old metal, old
or used glass or glassware, used or secondhand building materials, rags, glass
or paper and any other debris, material or refuse of similar character and
who does not have a fixed place of business within the city for the purposes
thereof.
No person shall have, conduct or engage in the business of junk collector
without first obtaining a license therefor from the City Clerk.
Every person engaged in the business of a junk collector shall pay an
annual license fee of $25, due and payable on June 1 of each year. Each license
shall expire at 12:00 midnight on May 31 following its issuance.
Applications for licenses shall be made to the City Clerk. He shall
not issue the said license unless payment of the license fee is first made.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
