[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.
[Amended 4-25-1978]
As used in this chapter, the following terms
shall have the meanings indicated:
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."
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:
A.
Name and address of applicant.
B.
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.
C.
Kind of business or operation to be conducted or maintained.
D.
Name and address of owner of premises upon which such
junkyard or motor vehicle junkyard is to be located.
E.
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:
A.
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.
B.
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.
[Amended 4-25-1989]
A.
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.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
