[HISTORY: Adopted by the Township Committee of the Township of Mantua 3-26-1957 (Ch. 100 of the 1978 Code). Amendments noted where applicable.]
The purpose of this chapter shall be to provide rules, regulations and standards for maintaining and establishing junkyards and motor vehicle junkyards in the Township of Mantua in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the conservation, protection and proper use of land within the Township.
The approval provision of this chapter shall be administered by the governing body of the Township of Mantua.
As used in this chapter, the following terms shall have the meanings indicated:
- GOVERNING BODY
- The Township Committee of the Township of Mantua.
- Any place of storage or deposit adjacent to or visible from a public street or road within the Township of Mantua, in or upon which there are visible to the public view any rags, old metals, old bottles, old glassware, old tinware, old paper, old plumbing fixtures or parts thereof or any other old materials, substance or rubbish commonly called "junk."
- MOTOR VEHICLE JUNKYARD
- Any place of storage or deposit adjacent to or visible from a public street or road within the Township of Mantua, in or upon which there are visible to the public view two or more unregistered motor vehicles in an unsafe, inoperable condition which are damaged and/or without parts and which would not pass state inspection without substantial repairs and investment of time or money, or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or material shall, in the opinion of the governing body, be equal in bulk to two or more motor vehicles.
No person, persons, firm or corporation shall establish, maintain or operate a junkyard or motor vehicle junkyard within the Township of Mantua without first being licensed to do so by the governing body.
Application for such a license shall be made to the Township Clerk in writing. The application shall contain the following information:
Name and address of applicant.
Proposed location of the junkyard or motor vehicle junkyard to be licensed, showing size and shape thereof and all public streets or roads within 500 feet thereof.
Kind of business or operation to be conducted or maintained.
Name and address of owner of premises upon which such junkyard or motor vehicle junkyard is to be located.
Name and addresses of all persons occupying or owning property within 500 feet of the property lines of the applicant's proposed location.
No such application shall be received by the Township Clerk unless accompanied by a fee of $50 to cover the costs of publication and expenses of the hearing, which fee shall be paid over to the Treasurer of the municipality.
Upon receipt of such an application, the governing body shall hold a public hearing thereon, which hearing shall take place not less than four weeks nor more than eight weeks from the date of the application received. Notice of the hearing shall be given to the applicant not less than 15 days prior to the date thereof. The applicant shall, at least five days prior to the date of the hearing, give personal notice thereof to all property owners within 500 feet of the property lines of the proposed junkyard or motor vehicle junkyard. Such notice shall be given either by handing a copy thereof to the said property owners or by leaving a copy thereof at the usual place of abode of said property owners if said owners are residents of the Township of Mantua, and if nonresidents, by mailing said notice, postage prepaid, to said property owners. The governing body shall cause notice of the hearing to be published in a newspaper having a circulation in the Township not less than seven days before the date thereof.
The hearing shall be conducted by the governing body, who prior to such hearing shall have personally inspected the locations of the proposed junkyard or motor vehicle junkyard.
No license shall be granted unless the governing body shall, after the hearing, find that no unreasonable depreciation of surrounding property would ensue from the establishment or maintenance of such junkyard or motor vehicle junkyard, and that the best interests of the community require the operation of the yard at the location designated. The proximity of schools, churches or other places of public gatherings, the sufficiency in number of other similar places in the vicinity and the suitability of the applicant to receive the license shall be taken into consideration in considering the application.
The governing body, if the license applied for is granted, may impose upon the license or upon the establishment or maintenance of the junkyard or motor vehicle junkyard such conditions as are deemed advisable, including the furnishing of a bond or other security by the licensee to ensure compliance with such conditions or with the provisions of this chapter. In imposing any such conditions, the governing body shall have regard for the depreciation of surrounding property and the health, safety and general welfare of the public. No license shall be issued hereunder until such conditions shall have been complied with.
[Amended 4-9-1957; 4-25-1978]
The following conditions shall apply to all such licenses granted by the governing body:
No junkyard or motor vehicle junkyard shall be established or maintained within 100 feet of the property lines of such junkyard or motor vehicle junkyard; except that where such a licensed yard is adjacent to another such licensed yard, then such yards may be established or maintained not less than 50 feet from the property line between such licensed yards.
The land upon which such a junkyard or motor vehicle junkyard is located shall be enclosed by a continuous visual screening of an opaque, solid material, either lumber or fiber glass, of a minimum height of six feet and a maximum height of eight feet, surrounding the entire yard, with gates of the same height at all entrances and exits.
Upon the conclusion of the hearing, the governing body shall, within 10 days, grant or refuse the application and shall notify the applicant in writing, giving reasons for the granting or refusal of the application.
No such license shall be issued until the applicant therefor shall have paid an annual license fee of $300, which license shall be effective from the date of issue for a period of 12 months thereafter. Such licenses shall thereafter be renewable for a period of one year upon written application therefor as provided in § 225-5 of this chapter and upon payment of said annual license fee; provided, however, that the provisions of this chapter as to notice, publication and hearing shall not apply to any such application for renewal.
All of the provisions of this chapter shall apply to any person, persons, firm or corporation desiring to maintain or operate a junkyard or motor vehicle junkyard in the Township of Mantua, except that the provisions of § 225-7 dealing with notice and publication shall not apply to junkyards or motor vehicle junkyards in existence at the time of the adoption of this chapter unless the governing body orders otherwise.
Any junkyard or motor vehicle junkyard in existence at the time of the adoption of this chapter shall, after being licensed hereunder, have a period of 30 days to comply with the provisions of this chapter or with any condition imposed by the governing body.
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.