Township of Mullica, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mullica 7-11-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 144.
Littering — See Ch. 148.
Property maintenance — See Ch. 177.
Inoperable vehicles — See Ch. 235.

§ 140-1 Junkyards prohibited.

All junkyards as defined in this chapter are hereby prohibited in every and any zoning district in the Township of Mullica.

§ 140-2 Junkyards as nonconforming uses allowed subject to compliance with all other statutes, regulations and ordinances.

[Amended 12-10-2002 by Ord. No. 16-2002]
All junkyards, which were legally and properly in operation as of July 11, 1973, will be considered preexisting, nonconforming uses. All other junkyards shall be prohibited. All such preexisting, nonconforming junkyards must comply with each and every statute, regulation and ordinance in effect, including but not limited to all provision of the Municipal Land Use Ordinance of the Township of Mullica.[1]
[1]
Editor's Note: See Ch. 144, Land Development.

§ 140-3 Definitions.

[Amended 12-10-2002 by Ord. No. 16-2002]
For the purpose of this chapter, the terms used herein shall have the following definitions:
AUTOMOBILE GRAVEYARD
Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scraped, ruined or dismantled motor vehicles or motor vehicle parts.
JUNK
Old or scrap copper, brass, rope, batteries or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous material.
JUNKYARD
An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk. Junkyards shall include automobile graveyards. A junkyard and an automobile graveyard specifically will not be permitted to sell new or used vehicles of any nature intended to be used for operation and/or transport.
OPERATOR
The person who is actually responsible for the operation and management of a junkyard.
OWNER
The person who is the actual owner, pursuant to a deed of record, of the land where a junkyard is situated.
PERSON
Any individual, partnership, corporation, limited liability company, or other entity or business entity of any nature.

§ 140-4 License and application requirements.

[Amended 12-10-2002 by Ord. No. 16-2002]
A. 
The owner of every junkyard operating within the Township of Mullica must receive an annual license for the same. The owner of said junkyard must conform with any and all application requirements as well as be in compliance with all statutes, regulations and ordinances of the United States government, State of New Jersey, County of Atlantic and Township of Mullica.
B. 
Every applicant for a junkyard license shall file with the Township Clerk a written application signed by the applicant and the owner, if not the same person or entity, of the premises upon which the junkyard is located. Said application shall contain the following:
(1) 
The name and address of the owner and operator and if either of these entitles are a firm, partnership, cooperation, limited liability company, or other business entity, the names and addresses of the officers, all shareholders owning in excess of 10% of corporate stock, any partners, members, and the registered agent thereof.
[Amended 8-10-2004 by Ord. No. 13-2004]
(2) 
The length of time that the applicant or owner has used the premises outlined in Subsection B3 below as a junkyard.
(3) 
The legal description of the premises to be used as a junkyard, including a metes and bounds description of the lands constituting the premises, together with a description of any buildings or other improvements thereon, the activity that will occur at the junkyard, and a sketch or diagram of the land and structures used in the junkyard operation which is to be licensed.
(4) 
A description of the type and size of any and all buildings to be located at the junkyard.
(5) 
A description of all materials to be purchased, sold or stored at the junkyard.
(6) 
A plan or survey of the junkyard premises showing existing and proposed entrances or entranceways to the junkyard and the names and addresses of all owners of real estate within a radius of 500 feet of the outer most boundaries of said junkyard.
(7) 
The amount, by weight, of metal of any type or source which was located at the junkyard and was disposed of by sale, or otherwise, in either its original or compacted condition.
(8) 
A fire control plan, which must be approved by the local fire official.
(9) 
All receipts from the previous year documenting the number of tires transferred to an end-market, recycling center approved by the State of New Jersey or a tire facility exempted from the requirement of N.J.A.C. 7:26-1 et. seq.
(10) 
A copy of the certification submitted to the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:26-1.4.
(11) 
The number of employees to be employed at the junkyard and proof of workers' compensation insurance covering said employees.
[Added 8-10-2004 by Ord. No. 13-2004]
C. 
The applicant shall submit at the time of filing of the application a certified check for the license fee in the amount of $500.
[Amended 8-10-2004 by Ord. No. 13-2004]
D. 
The Township Clerk shall present any application which is deemed to be complete to the Township Committee at the next regularly scheduled Township meeting which would allow the Clerk reasonable time to process and prepare said application for submission.
E. 
If the applicant is not the owner of the site where the junkyard is to be conducted, the owner's consent to the operation of a junkyard as described in the application as evidenced in a writing signed by the owner shall accompany the application.
F. 
Any license granted by the Township Committee pursuant to this chapter shall expire on the 31st day of December of the year in which the license was granted. Thereafter, the license may be renewed for a one-year period commencing January 1 by submitting the application therefor to the Clerk of the Township of Mullica no later than the first day of December of the previous year and depositing with the Township Clerk a certified check in the amount of $100 as payment of the annual license fee.
G. 
Each license holder shall post his license in a conspicuous place on the licensed premises.
H. 
The failure or refusal of any applicant to submit a complete application with all documentation and fees required by this chapter shall be cause for denial of the license for the year submitted.
I. 
No junkyard application will be considered and no license issued unless proof of payment of any and all taxes which are due as of the time of the submission of said license has been submitted with said application.

§ 140-5 Regulations.

All junkyards which are lawfully in the Township of Mullica shall comply with the following regulations:
A. 
It shall be unlawful to stack, pile or place motor vehicles, parts of motor vehicles or any other junk or materials upon such premises in such a manner as to create a place for the harboring or breeding of mice, rats or other vermin or to stack, pile or place junk above the height of the boundary fence surrounding the premises.
B. 
All junkyards shall be completely obstructed from the view of every and all adjoining landowners and from any and every public street. Unless a junkyard is so located whereby there is such natural environmental obstruction that obstructs the view of said junkyard from all and every adjoining landowner and every and all public streets, every junkyard and places where junk is stored shall be enclosed completely on all sides by a fence at least eight feet high and of a type and construction as shall be approved by the Zoning Officer of the Township of Mullica. There shall be no advertisement allowed or any description or writing on said fence, except the name of the business, if any, and said writing shall not exceed the area of six square feet.
[Amended 4-9-1985 by Ord. No. 7-85; 12-13-1988 by Ord. No. 13-88]
C. 
All burning is hereby prohibited.
D. 
No junk or rubbish or salvage of any type shall be maintained outside the enclosure surrounding any junkyard, nor outside of any junkshop.
E. 
It shall be unlawful to operate said premises between the hours of 7:00 p.m. and 7:00 a.m. from Monday to Friday and from 3:00 p.m. Saturday until 7:00 a.m. Monday.
[Amended 5-8-2007 by Ord. No. 8-2007]
F. 
No license issued pursuant to the terms of this chapter shall entitle any licensee or anyone else to operate under said license at, in or on any lot, building, dwelling or location or any part thereof other than that specified in the license. No license shall be assignable or transferable to any other person or party whatsoever or to any other lands or premises other than those previously approved as junkyards and existing as such by valid licensing previously. The only transfer allowed shall be a person-to-person transfer, upon application made to the Township Council of the Township of Mullica of an existing validly licensed junkyard. The application shall contain the names and addresses of all parties to the transfer applied for, in accordance with all terms of this chapter, and shall be accompanied by a certified check payable to the Township of Mullica in the amount of $100. Any license permitted to be transferred by the Township Council of the Township of Mullica shall expire on the 31st day of December of the year in which the transfer is made. Thereafter, the license may be renewed for a one-year period in accordance with the terms of § 140-4 of this chapter.
[Amended 3-22-1983 by Ord. No. 3-83]
G. 
No materials of an explosive nature shall be maintained or demolished on any premises.
H. 
No materials shall be kept or maintained on any said premises, lands or locations which shall be of such odorous nature as to be offensive to adjoining landowners and property owners or other inhabitants in the area of the licensed premises.
I. 
The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times and shall also establish fire protection according to standards recommended by the Uniform Fire Safety Code for such premises. Each junkyard shall be subject to an annual inspection by an appropriate member or members of the Mullica Township Fire Department and must comply with any conditions, recommendations, or orders issued thereby.
[Amended 12-13-1988 by Ord. No. 13-88; 8-10-2004 by Ord. No. 13-2004]
J. 
No part of any junkyard or junkshop shall be located within 200 feet from any private residence not owned by the applicant or from any church or school.
K. 
All junkyards must operate in compliance with all relevant county, state and federal environmental regulations.
[Added 12-13-1988 by Ord. No. 13-88]
L. 
All rimless tires shall be stored under appropriate cover so as to prevent the accumulation of rainwater in and about said tires. The purpose of this subsection is to advance the aesthetic quality of any junkyard establishment and prevent the breeding and congregation of mosquitoes. All junkyards shall take all steps to insure that no mosquito colony formation or development is allowed to occur and must comply with all applicable state and local regulations. The configuration of junk at any junkyard shall be arranged so as to prevent the collecting and/or the retaining and/or the stagnation of water of any kind including rainwater.
[Added 12-10-2002 by Ord. No. 16-2002]
M. 
All cars being dismantled or stacked must have the gasoline tanks removed.
[Added 12-10-2002 by Ord. No. 16-2002]
N. 
There shall be a limit of tires, whether rimless or otherwise, which are stored at any junkyard, and said limit shall not exceed five tires per vehicle which is stored at said junkyard, with said tires being located on or in said vehicle. In addition to the five tires contained on or in any vehicle, each junkyard shall be permitted to have an additional 50 tires not located on or in any vehicle.
[Added 12-10-2002 by Ord. No. 16-2002]
O. 
There shall be at least eight feet of open accessible space between any rows of vehicles which are stacked at any junkyard.
[Added 12-10-2002 by Ord. No. 16-2002]

§ 140-6 Right of refusal to renew licenses.

A. 
The Township of Mullica, by issuing said license, reserves unto itself the right to refuse the renewal of any existing license upon a finding by the Zoning Officer that the operation of said junkyard at the premises used for said purpose is detrimental to the health, safety and general welfare of the public. The granting of a license under this chapter shall not be construed for any purpose as permission to the licensee to maintain any condition which would constitute a public or private nuisance or maintain any condition which would violate the regulations propounded in this chapter. Should the Township determine on the hearing of the application for renewal of the existing license that there is probable cause for refusing to renew said license, the Township Clerk is to immediately notify the applicant that the Township of Mullica will hold a hearing on whether or not said license should be renewed. Such notification should inform the applicant of the time and date and the place of the hearing, which hearing shall be held within not less than 10 nor more than 20 days from the date of service of said notice. The applicant shall then have an opportunity to be heard on the issue of whether or not said license should be renewed. The Township Clerk shall also notify all property owners within 500 feet of the subject junkyard of the time and sent by certified mail, return receipt requested.
[Amended 12-13-1988 by Ord. No. 13-88]
B. 
The Township Council may authorize a temporary permit for such licensee until the hearing has been completed and a determination made so that the business of a licensee may not be suspended or interfered with unreasonably by filing of any written objections.

§ 140-7 Suspension and revocation of license; inspection.

A. 
The Township Council may revoke any license granted at any time during the period for which the license was issued on the Township Council's own action or upon a recommendation of the Zoning Officer or on the objection of any taxpayer or inhabitant of the Township of Mullica upon any violation of the provisions of this chapter, after a hearing provided to the licensee following complaint in writing and at least 10 days' notice to the licensee setting forth the grounds of complaint.
[Amended 12-13-1988 by Ord. No. 13-88]
B. 
The licensed premises shall be open to inspection by the Zoning Officer of the Township of Mullica and the Atlantic County Board of Health at any reasonable time of day or night.
[Amended 4-9-1985 by Ord. No. 7-85; 12-13-1988 by Ord. No. 13-88]
C. 
In the event that any license shall be revoked for good cause shown or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
D. 
In the event that any license shall be revoked, surrendered or otherwise terminated, the same shall be evidence of the abandonment of a junkyard use and no further license shall be issued for said junkyard premises without proper zoning variances and other approvals being acquired for the same.
[Added 12-10-2002 by Ord. No. 16-2002]

§ 140-8 Violations and penalties.

A. 
Any person or corporation violating or refusing or neglecting to comply with any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250 or 90 days' community service or imprisonment in the county jail not exceeding 90 days, or any or all of the above at the discretion of the Judge.
[Amended 12-13-1988 by Ord. No. 13-88; 12-10-2002 by Ord. No. 16-2002]
B. 
Every day in which said person or corporation violates the provisions of this chapter shall be deemed a separate offense.
C. 
A continuance of a violation or a noncompliance with the provisions of this chapter shall be deemed a nuisance, and the Township Council shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties prescribed herein.

§ 140-9 Rules and regulations; inspections; administration.

[Amended 4-9-1985 by Ord. No. 7-85; 12-13-1988 by Ord. No. 13-88]
All licensed premises shall be at all times subject to such rules and regulations as may hereafter be made by the Township Council of the Township of Mullica and shall be subject to inspection by the Zoning Officer and the Atlantic County Board of Health or any of their agents. The Zoning Officer of the Township of Mullica and the Atlantic County Board of Health shall have the responsibility of administering this chapter and making all complaints under said ordinance.

§ 140-10 Refunds.

There shall be no refund to a licensee of any of the license fees upon either the surrender or the revocation of a license granted hereunder.

§ 140-11 Prosecution of violations; sanctions.

All penalties imposed under this chapter for violations thereof shall be independent of one another, and the Township of Mullica shall have the option of whether to prosecute a violation in the Township Municipal Court of the Township of Mullica under § 140-8 of this chapter or whether to move for revocation of the licensee's license if he has such under § 140-7, or both. The invoking of sanctions under § 140-7 or criminal penalties under § 140-8 shall not be a bar to a subsequent proceeding under either section.