[HISTORY: Adopted by the City Council of the City of Trenton as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-7-1967 as § 5-5.10
of the Revised General Ordinances]
As used in this article, the following term shall have the meaning indicated:
All forms of metals, new and used, except gold, silver, platinum,
palladium and alloys thereof.
No person shall engage in the business of the purchasing of scrap metals
without first obtaining a license from the City Clerk.
A.
Application; investigation. Upon receipt of an application
completed pursuant to this section, the City Clerk shall refer such application
to the Police Director, who shall institute such investigation of the applicant's
moral character and business responsibility as (s)he deems necessary for the
protection of the public welfare.
B.
Recommendation of Police Director. Upon completion of
the investigation, which shall take no more than 30 days, the Police Director
shall return the application, or a copy thereof, to the City Clerk accompanied
by his/her recommendations as to whether the license should be issued or denied.
If the recommendation of the Police Director is to deny the license, the grounds
for such recommendation shall be stated. Grounds for recommending denial of
a license may include information regarding the applicant's moral character,
demonstrated business responsibility or conviction of a crime involving dishonesty,
fraud, deceit or misrepresentation. If a denial is based upon the conviction
of a crime, an additional determination shall be made by the Police Director
as provided for in N.J.S.A. 2A:168A-1 et seq., the Rehabilitated Offenders
Act. Upon receipt of the recommendation of the Police Director, the City Clerk
shall issue or deny the license accordingly.
C.
Appeal. The decision of the Police Director as to the
acceptance or denial of the application shall be a final administrative determination
and appealable to the Superior Court of New Jersey.
The fee for an initial application shall be $200, nonrefundable. Each annual renewal fee shall be $25. If on January 27, 1990, a person has been in business within the City pursuant to § 137-2 for a period of not less than five years, the fee for an initial application shall be $25, and investigation pursuant to § 137-3 may be waived by the City Clerk.
A.
Duties. Any person in the business of purchasing scrap
metals who buys, attempts to buy or offers to buy scrap metals on the basis
of bulk value shall:
(1)
Obtain proof of identity from each person who sells scrap
metals to him/her.
(2)
Weigh the materials in plain view of the seller, on scales
certified by a Weights and Measures official with the certificate of inspection
clearly and prominently displayed.
(3)
Provide to the seller a weight certificate issued by
a person certified as a weighmaster by the Superintendent of Weights and Measures
under the provisions of N.J.S.A. 51:1-73 to 51:1-80.
(4)
Retain any scrap metals in the form in which they were
purchased for a period of not less than two business days and a minimum of
48 hours.
B.
Serialized weight certificates.
(1)
Each weight certificate shall be issued in duplicate,
shall be serially numbered and shall be used only in consecutive order. One
copy of each weight certificate issued under the provisions of this section,
and all voided weight certificates, shall be kept on file at the place of
business of the buyer for a period of one year from date of issuance and shall
be subject to inspection by any law enforcement officer or Weights and Measures
official.
(2)
Each weight certificate issued shall contain the following:
(a)
The name and address of the buyer.
(b)
Date of the transaction.
(c)
Where applicable, the gross weight of the material and
the vehicle in which it is contained.
(d)
Where applicable, the tare weight or the weight of the
vehicle without load.
(e)
The net weight of the material.
(f)
The name of the material purchased.
(g)
The price paid for the material at the standard measure
of weight prescribed by the Superintendent of Weights and Measures.
(h)
The name, address and signature of the seller of the
material.
(i)
The signature and seal of the weighmaster issuing the
weight certificate.
This article is not applicable to government agencies.
In case of the death, absence or inability to act of a weighmaster,
any person may substitute for such deceased or absent weighmaster, provided
that immediate notice of such substitution is reported by such person to the
Superintendent of Weights and Measures and that any such substitute shall
not be authorized to continue as weigher for a period in excess of five days,
unless with the written consent of the Superintendent.
A.
Any person who violates any provision of this article
shall be liable to a mandatory penalty of not less than $100 nor more than
$1,000, recoverable by the Superintendent of Weights and Measures pursuant
to N.J.S.A. 2A:58-1 et seq., the Penalty Enforcement Law. An action for the
recovery of a civil penalty for violation of this article shall be within
the jurisdiction of, and may be brought before, the Municipal Court of the
City.
B.
A summons or warrant against any foreign business entity
doing business in the City shall be processed as provided by law.
[Adopted 9-7-1967 as § 5-5.13
of the Revised General Ordinances]
No person or corporation shall operate a junkyard or recycling center in the City as defined in Chapter 315, Zoning and Land Development, of the Code of the City of Trenton, without first obtaining a license from the City Clerk and complying with the provisions of this article.
Noise standards for junkyards and recycling centers shall be established
on the basis of the proximity of the facility to residential and other sensitive
land uses. No person shall operate or cause to be operated within the boundaries
of any junkyard or recycling center any source of sound in such a manner as
to create a sound level in excess of the limits set forth below as measured
at or within the property boundary of the receiving land use. The owner or
operator of any facility may be required by the City to measure the sound
level of or the vibration from any source within the facility in accordance
with the methods and procedures, and at such locations and times as the authorized
City representative may reasonably prescribe and to provide reports of the
results of such measurements to such representative in a timely fashion. The
authorized City representative may require the measurements to be conducted
in the presence of himself/herself or any other City enforcement official,
and may require the measurements to be done by an independent and professionally
qualified firm or individual.
|
Maximum Permissible Sound Levels by Receiving Land Use
| ||
|---|---|---|
|
Receiving Land Use
|
Time of Day
|
Sound Level Limit
(dBA)
|
|
Residential or institutional
|
7:00 a.m. to 5:00 p.m.
|
55 decibels
|
|
5:00 p.m. to 7:00 a.m.
|
50 decibels
| |
|
Commercial or public right-of-way
|
7:00 a.m. to 8:00 p.m.
|
65 decibels
|
|
8:00 p.m. to 7:00 a.m.
|
55 decibels
| |
|
Industrial
|
All times
|
75 decibels
|
The operation of all junkyards and recycling centers, and the storage
and disposal of all materials and residues in such centers, shall be governed
by the following standards:
A.
Junkyards and recycling centers must be operated and
maintained in sanitary condition, free of litter, debris and rodent infestation.
Tracking of earth, mud and debris on streets, sidewalks or adjacent properties
shall not be permitted and shall be deemed a violation of this article.
B.
Junkyards and recycling centers shall institute and maintain
an effective insect- and rodent-control program at the facility, which shall
be under the direction of a qualified applicator of pesticides as set forth
in the New Jersey Pesticide Control Code, N.J.A.C. 7:30. Evidence of insect
and/or rodent infestation at any facility shall be deemed a violation of this
article.
C.
The operation of a junkyard or recycling center shall
not result in any continuous, irritating or noxious odor associated with residue
being detectable off-site from the facility in any location or on any property
used for residential, institutional, commercial or other purposes by the general
public, as determined by the City Health Officer.
D.
All processed and unprocessed materials and residue shall
be stored in a manner which prevents runoff, leakage or seepage of any waste
or residue into, on or around the soil on which the storage area or stockpile
is located. All residue shall be removed from the site in accordance with
the rules of the New Jersey Department of Environmental Protection on interdistrict
and intradistrict solid waste flow, N.J.A.C. 7:26A-1.
E.
At no time shall any hazardous waste, as defined in N.J.A.C.
7:26, be received, stored, processed or transferred at any junkyard or recycling
center.
F.
At no time shall any capacitors or electronic components
which contain polychlorinated biphenyls (PCBs) and which are attached to or
detached from appliance or other scrap metal objects be shredded, sheared
or baled within any facility.
G.
The burning of wrecked or discarded vehicles, or any
parts thereof, or any junk or waste materials shall be prohibited unless specifically
approved by such agency authorized to approve such activities.
H.
The application for the business license shall specify
the materials that will be received, stored, processed and/or transferred
at the facility that is the subject of the application. No materials other
than those specified in the application and no processing other than that
specified in the application may take place at any junkyard or recycling center
without written notification to the City Clerk.
A clearly legible sign shall be posted and maintained at the entrance
to any junkyard or recycling center providing the following information:
A.
The approved hours of operation of the facility, as specified
in the business license issued for the facility.
B.
A list of the approved materials and processes, as specified
in the approved site plan for the facility.
C.
A notice that all persons bringing materials to the facility
must complete and certify a materials receipt form.
Authorized representatives of the City shall have the right to enter
and inspect any junkyard or recycling center with or without advance notice
in order to determine whether the facility is in compliance with any of the
applicable provisions of this article and any other city ordinance.
