[HISTORY: Adopted by the Township Committee of the Township of Wall
11-8-1978 as Sec. 5-5 of the Revised General Ordinances. Amendments noted
where applicable.]
GENERAL REFERENCES
General penalty — See Ch.
1, Art.
I.
Land use and development — See Ch.
140.
Property maintenance — See Ch.
171.
As used in this chapter, the following terms shall have the meanings
indicated:
JUNK or SECOND HAND MATERIALS OR MERCHANDISE
Includes rags, scrap iron, shavings, borings, old rope, old iron,
brass, copper, tin, lead, or any of their composites, or other old metals
or materials, unregistered automobiles or wrecked automobiles which are unfit
for reconditioning for highway use or transportation, used parts of automobiles,
old bottles, glass, tinware, old or used lumber, plumbing fixtures, piping,
shingles, or other used materials, articles or things, or rags, or old paper
or cardboard.
No person shall maintain, operate or conduct a junk shop, junkyard or
secondhand yard in, or upon which, junk or secondhand materials, or merchandise
shall be purchased, sold, stored, repaired, renovated or restored, within
the Township without having first obtained a license therefor from the Township
Committee as provided in this chapter.
Before any license shall be granted, each applicant shall pay as an
investigation fee the sum of $10 to the Treasurer, whereupon a public hearing
will be held by the Township Committee not more than 15 days or less than
five days from the filing of the application with the Clerk.
Immediately upon the setting of the date for hearing, the applicant
shall post at three public places fronting on a road or highway, within a
radius of 500 feet from the proposed site of such business, a notice setting
forth that he has made application for a permit to conduct a junkyard and
setting forth the time when and the place where the hearing will be held,
and shall, prior to such hearing, file an affidavit of such posting with the
Clerk at least four days prior to the hearing.
The license fee to be paid for the license, in addition to the fee for
investigation, shall be the sum of $100, which shall cover a period from the
issuance thereof until the expiration date thereof as hereinafter set forth.
The application, together with all fees, shall be filed with the Clerk.
Each license issued hereunder shall expire on January 1 of each year
at 1:00 p.m.
The license shall authorize the licensee to conduct the business at
the place specified in the license, and the same shall not be transferable
to another location, nor shall the license be assigned or transferred to any
person other than the person to whom the license is issued.
Any license issued by the Township Committee as herein provided may
be revoked by the Township Committee, in addition to any other penalty, upon
violation of any part of this chapter by any licensee.
This chapter shall not be construed to require the licensing or regulation
of any person licensed by the Township to conduct a dump, provided that all
such junk stored or sold by a licensed dumper shall not be permitted to accumulate
for a longer period than one week, between May 30 and October 1, and two weeks
between October 1 and May 30 and provided further that it shall not be removed
from the dump operated by such licensed dumper, to any other place in the
Township except licensed premises.
If the applicant is not the owner of the site whereon the business is
to be conducted, the owners consent to the conduct of the business shall be
endorsed upon the application.
A. Each lot or any part thereof used in any of the businesses as hereinbefore set forth shall be enclosed within a board fence as provided in Chapter
140, §
140-206, and so constructed that no dust, or other materials may pass through the same. Such enclosures shall be maintained in good condition at all times, and no articles shall be piled as to protrude above such enclosure. The fence shall be painted as shall be directed by the Township Committee and shall not be used for advertising purposes except to the extent authorized by the Township Committee.
B. All goods, articles, merchandise, motor vehicles, or other material constituting junk or secondhand material or merchandise shall be stored at all times within the confines of the board fence or enclosure described in Subsection
A above.
A. All licensed premises shall be subject to inspection
at all times by the members of the Police Department and other representatives
of the Township.
B. The contents of each of such licensed premises shall
be arranged in an orderly manner, with all similar things located together
so as to facilitate inspection by the proper authorities.
No licensee shall burn or permit, suffer or allow to be burned upon
the licensed premises any materials in such a manner that the same create
a nuisance to the surrounding neighborhood by excessive smoke or odor or in
such a manner that such burning might tend to extend a conflagration, either
by the location of the fire or by reason of high winds. Such fire shall be
under the continual supervision of the licensee or his employees.
The Township Committee may restrict the number of such licensed premises
within the Township and may impose such rules and regulations with regard
to such business so to be conducted as the Township Committee may deem necessary
and proper for the good government, order, protection of persons or property,
and for the preservation of the public health, safety and welfare of the Township
and its inhabitants.
No license under this chapter shall be issued for any property until
the Township Clerk receives a certification from the Tax Collector that all
real property taxes and assessments pertaining to the property for which the
license is applied are current and that no such taxes or assessments are then
due and owing.