[HISTORY: Adopted by the Township Committee
of the Township of Pittsgrove 3-25-1959. Amendments noted where applicable.]
From and after the passage of this chapter,
it shall be unlawful for any person, firm or corporation to maintain,
operate or conduct a junk shop or junkyard in or upon which junk as
hereinafter described shall be purchased, sold, stored, repaired,
renovated or restored, within the Township of Pittsgrove, without
first having obtained a license for such purpose, as hereinafter provided.
For the purpose of this chapter, the following
definitions are hereby established:
Includes rags, scrap iron, shavings, borings, old rope, old
iron, brass, copper, tin, lead and other old materials, unregistered
automobiles which are unfit for reconditioning for sale for highway
transportation, used parts of motor vehicles, old bottles, glass,
lumber, paper, discarded machinery or parts thereof and any other
secondhand articles or used materials and merchandise and such other
articles or things as commonly come within the classification of junk.
This definition shall not include any building containing not more
than one short ton of junk.
Any person, firm, association, partnership or
corporation desiring to obtain a license as herein required shall
file with the Township Clerk a written application signed by the applicant
or applicants, which application shall state:
A.
The name and residence of the applicant and, if a
firm, association, partnership or corporation, the name and address
of the officers and the registered agent or partners.
B.
The detailed nature of the business to be conducted
and the classes of material which it is proposed to store therein,
the premises at which it is proposed to establish the business, including
a full description of such premises, and whether the applicant owns
the premises or leases them.
Each application shall contain the 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 Committee. Any license issued pursuant to this ordinance
may be revoked or suspended for cause by the Township Committee.
[Amended 2-14-1962]
After the passage of this chapter, the number
of junkyards to be licensed in the Township of Pittsgrove shall not
be more than five. The Township Committee may impose such reasonable
regulations and rules with regard to said business so to be conducted,
not contrary to law, as the Township Committee may deem necessary
and proper for the preservation of public health, safety and welfare
of the Township of Pittsgrove and its inhabitants and as may be necessary
to carry into effect the powers and duties conferred and imposed upon
the Township by law.
If the applicant is not the owner of the site
where the business is to be conducted, the owner's consent to the
conducting of said business shall be endorsed on said application.
The license shall authorize the licensee to
conduct said business at the place specified in the license and shall
not be transferable to another location nor assignable or transferable
in any manner.
Before any application for a license to conduct
said business shall be accepted by the Township Clerk, there shall
be presented to him at the time of the making of said application
a paid tax bill by the Tax Collector of the Township of Pittsgrove,
indicating that said applicant has paid all personal property taxes
due from such applicant for the chattels on the licensed premises,
for the year preceding the year for which the new license is sought.
The Township Committee shall issue all licenses
under this chapter, and they shall be good and valid from the date
of issue until December 31 next after granting the same.
[Amended 12-14-1983]
All persons, firms, or corporations, receiving such license or licenses shall pay to the Township of Pittsgrove an annual fee as required in Chapter A120, Fees, for each license issued.
Every person, firm, partnership or corporation
to whom such license may be issued shall, when engaging in business
within the Township of Pittsgrove, be in possession of such license
and is hereby required to have such license on exhibition at all times.
The junkyard shall be located at least 75 feet
back from any county or Township road in said Township.
Any places of business already in existence
shall comply with the provisions of this chapter on or before January
1, 1960, and shall be licensed from and after said date.
Any licensee or the person in charge of any
licensed premises who shall receive or be in possession of any goods,
articles or things which may have been stolen or lost or alleged or
specified to have been stolen or lost shall forthwith, upon demand
to view the same, present the same to the police or any other officer
or representative of the Township.
[1]
Editor's Note: Former § 54-15, Burning restrictions,
was repealed 2-28-2018 by Ord. No. 2018-1.
It shall be unlawful for any licensee to stack,
pile or place any of the aforesaid secondhand materials upon the licensed
premises in such a manner as to create a fire hazard or as to create
a place for the harboring or breeding of rats, mice or vermin.
[Amended 6-22-2004 by Ord. No. 2004-3]
Such premises shall be maintained only so long
as the same shall be fenced on all sides by a fence of at least eight
feet in height and so constructed that the business shall not be visible
from the exterior and shall be painted white, dark green, gray or
silver, and may be galvanized fencing, so long that it complies with
the other requirements in this chapter.
Any member of the Township Committee or the
Board of Health shall have the right at any and all reasonable times
to inspect any or all parts of the licensed premises.
[Amended 12-14-1983; 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No.
4-2006]
Any person, firm or corporation violating any
provisions of this chapter shall be subject, upon conviction, to one
or more of the following: imprisonment in the county jail for any
term not exceeding 90 days; or by a fine of no less than $100 and
not more than $2,000; or by a period of community service not exceeding
90 days.
