[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 127 of the 1984 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any waste or discarded material, old lumber or materials obtained from dismantled buildings, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, unregistered motor vehicles which are unfit for reconditioning for sale for highway transportation, used parts of motor vehicles and any material acquired or collected commercially and commonly known as "junk" in the ordinary meaning of the word.
- JUNK DEALER
- A junk shop or junkyard keeper who also uses or intends using one or more vehicles for the purpose of buying, collecting or otherwise acquiring junk for commercial purposes and placing, collecting or storing same in his junkyard or junk shop.
- JUNK SHOP
- Any building within the City in which junk is placed, collected, stored or kept.
- Any lot of land within the City on which junk is placed, collected, stored or kept.
- Any cart, wagon, truck or other vehicle.
It shall be unlawful for any person to keep, maintain or operate a junkyard or junk shop or to engage in the business of junk dealer within the limits of the City without first having obtained a license therefor in accordance with the provisions of this chapter.
Every person desiring to obtain a license under this chapter shall make an application to the City Clerk stating:
The name and residence of applicant.
The location of the premises where it is proposed to establish a junk shop or junkyard, including a full description of such premises and buildings thereon.
A statement as to whether the applicant is the owner or lessee of the premises.
A description of the classes of material proposed to be stored on the premises.
Each application shall be accompanied by the whole annual license fee as set forth in § 265-11. In the event that the license is refused, the entire license fee shall be returned to the applicant.
The applicant shall file a copy of the application with the Building Inspector and the Chief of the Fire Department, respectively.
Upon receipt of said application:
The Building Inspector and the Chief of the Fire Department shall each make, or cause to be made, an inspection of the premises to be licensed. Within 45 days after receipt of the application, the Building Inspector and the Chief of the Fire Department shall each prepare a report stating their respective findings and, among other things, the conclusions of the respective officials as to whether the storing of junk at the proposed premises would constitute a hazardous condition.
The City Clerk shall present his report to the Council, together with the reports of the Building Inspector and Chief of the Fire Department.
Any person affected by the issuance of license under this chapter may, in writing, request the Council for a hearing prior to such issuance. The hearing shall be advertised in a legal newspaper at least 10 days prior to the day of said hearing.
At such requested hearing, the Council shall hear those persons who may be affected by the issuance or refusal to issue said license, and the Council may ascertain all facts concerning the proposed license.
Upon receipt of the reports from the City Clerk, Building Inspector and Chief of the Fire Department, the Council, in the absence of a request for a hearing as provided in § 265-6, will determine whether a license shall be issued.
The City Clerk shall not issue any license under this chapter unless and until the Council determines that the applicant has met the terms, conditions and standards set forth in this chapter as prerequisites for the issuance of the license.
Not more than two licenses under this chapter shall be issued and outstanding at the same time.
The fee for a license issued under this chapter and for annual renewals thereof shall be $250, which shall entitle the licensee to use one vehicle in the business herein licensed. For each additional vehicle used in said business, the licensee shall pay an additional $50 for each licensing period.
[Amended 5-12-2003 by Ord. No. O-28-03]
Upon payment of the license fee required under Subsection A of this section, every licensee using one or more vehicles in the licensed business shall be entitled to receive from the City Clerk a metal tag for each vehicle. The metal tag shall bear the number of the license and shall, at all times, be affixed to and remain on one side of said vehicle.
All licenses shall run for a period of one year commencing on January 1 and expiring on December 31 of the year of its issuance.
No license shall be granted by the Council:
If the applicant has been convicted of the crime of larceny or receiving stolen property or has been convicted of any crime involving moral turpitude.
If the applicant owes any taxes to the City.
If there are taxes due and owing on the premises sought to be licensed.
Until the applicant files with the City Clerk a surety bond of a surety company authorized to do business under the laws of the State of New Jersey, in the sum of $1,000 and in a form satisfactory to the city. The surety bond shall be conditioned upon the faithful compliance with all of the regulations of this chapter and the lawful conduct of the licensed business.
If the storage of junk at the proposed premises would constitute a fire or safety hazard.
Unless the applicant agrees to make a daily report to the Police Department of the City of all purchases made, from whom such purchases are made and also such further information with respect to such purchases as the Chief of Police might reasonably require for police matters.
Each lot, or any part thereof, licensed as a junkyard shall, throughout the entire term of the license, be enclosed by a wall or solid board fence not less than seven feet in height, constructed in such manner that the interior of the yard and its contents shall not be visible from the outside.
No premises shall be licensed under this chapter unless said premises conforms to the provisions of Chapter 421, Zoning.
The license shall not be transferable to any other location, nor shall said license be assigned or transferred to any other person.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.