[HISTORY: Adopted by the Township Committee
of the Township of Franklin 12-18-1967 as Ch. 34 of the 1967 Code.
Amendments noted where applicable.]
For the purpose of the application and enforcement
of this chapter, the following definitions and any reasonable interpretation
thereof not inconsistent with the purpose and intent of this chapter
or statutes of the State of New Jersey governing or defining the same
are hereby established:
Applies to any worn out and discarded material in general
that may be turned to some use; odds and ends; old iron or other metal,
glass, paper, cordage, or other waste or discarded material which
may be treated or prepared so as to be used again in some form; old
rope, chain, iron, copper and parts of machinery, motor vehicles and
bottles, gathered or bought up by tradesmen called "junk dealers."
Any person, corporation or partnership who or which maintains
a junkyard and/or is engaged in the business or occupation of buying
and selling junk.
[Amended 12-18-1978 by Ord. No. O-16-78]
Synonymous with and includes a junk shop or motor vehicle
junkyard and includes the place, lands and premises where or from
which a junk dealer maintains and/or conducts his business or occupation
and keeps, stores or has thereon or therein any junk as defined by
this chapter.
[Amended 12-18-1978 by Ord. No. O-16-78; 3-26-1996 by Ord. No. O-2-96]
A.
The number of licenses to be issued in accordance
with and under the provisions of this chapter, as amended, shall be
limited to 10, except that those licenses in existence at the time
of the passage of this chapter may be renewed or transferred, subject
to the provisions of this chapter, as amended.
B.
It shall be unlawful for any junk dealer to engage
in his business or occupation from a junkyard within the limits of
the Township of Franklin without first having obtained a junk dealer's
license and complying with the provisions of this chapter.
The following type of license is hereby established:
A.
A junk dealer's license, which shall entitle the holder
thereof to engage in the business or occupation of junk dealer from
one junkyard within the limits of the Township of Franklin.
A.
The following fee shall be charged for the following
license: the sum of $150 per year for a junk dealer's license.
[Amended 12-15-1975 by Ord. No. O-19-75]
B.
All licenses existing as of the date of this chapter
shall expire on December 31, 1978, and may be renewed under the provisions
of this chapter for a period of nine months. The aforesaid fee shall
be apportioned and prorated on a nine-month basis. Thereafter, all
licenses shall expire on September 31 of each year and may be renewed
under the provisions of this chapter for additional periods of one
year. The said fee is deemed to be necessary for inspection, supervision,
public health, fire and police protection and other governmental functions,
as well as revenue.
[Amended 12-18-1978 by Ord. No. O-16-78]
A.
All applications for licenses shall be made in writing
to the Township Clerk and shall be accompanied by the required fee.
Applications for licenses shall set forth therein the name and residence
of the applicant, the location from which or at which the applicant
will conduct his business or occupation and a description or drawing
of the lands and premises, showing the dimensions thereof. If the
applicant does not own said lands and premises, the consent of the
owner thereof for the use thereof for the said business or occupation
shall be written thereon or appended thereto. All applications shall
be submitted in duplicate and shall be signed by the applicant.
B.
The Township Clerk shall notify the Township Committee
of the said application not later than its next regular meeting. If
there is a Zoning Ordinance in effect in the Township, the Township
Clerk shall send a copy of the application to the Secretary of the
Zoning Board of Adjustment, with a request that said Board investigate
the location of the proposed place of business and give its recommendation
of approval or disapproval with regard to the same and the reasons
therefor to the Township Committee. The Township Committee shall make
or order to be made its own investigation with regards to the applicant
and proposed location for his business or occupation.
C.
In its investigation, the Zoning Board of Adjustment
shall be guided by the provisions of the Zoning Ordinance and shall
not approve the application if the conduct of the business or occupation
of junk dealer from a junkyard at the proposed location is not permitted
by the said ordinance; and no license shall be issued if there is
a violation thereof.
D.
If there is no violation of any Zoning Ordinance hereafter
adopted, by the conduct of the business or occupation of a junk dealer
from a junkyard at the lands and premises designated, and after investigation
the Township Committee finds that the provisions of this or any other
ordinances of the Township of Franklin will not be violated by the
conduct of the said business or occupation at the proposed site, the
Township Committee shall, by motion or resolution on its books, approve
the issuance of a license to the applicant, at the location or site
designated. The Township Clerk shall thereafter issue the license
to the applicant, which said license shall contain therein the name
and residence of the licensee and a brief but accurate description
of the lands and premises from which the licensee will conduct his
business or occupation.
In its investigation of the application for
a license under this chapter, the Township Committee shall take the
following matters into consideration and report thereon in writing
to be attached to the application:
A.
Whether the applicant has ever been convicted or pleaded
guilty, non vult or nolo contendere to a complaint, charge or indictment
amounting to a high misdemeanor under the laws of the State of New
Jersey.
B.
Whether the conduct of the said business or occupation
of junk dealer at the proposed site or location would be materially
injurious to the public health, morals, comfort, prosperity, convenience
or otherwise detrimental to the general welfare of Franklin Township
and its inhabitants.
C.
Whether the conduct of the said business or occupation
of junk dealer at the proposed site or location would produce or be
likely to produce a condition materially offensive to the senses of
sight, hearing and smelling and thus injure the public welfare.
D.
Whether the said business or occupation cannot be
conducted at the proposed site or location in full compliance with
the provisions of this chapter.
[Amended 9-14-1982 by Ord. No. O-21-82]
The Township Committee shall not grant a license to the applicant if, after its investigation, it finds that any of the propositions set forth in § 247-6 are answered in the affirmative or if the payment of real estate taxes on the lands and premises on which the applicant will conduct his business or occupation are not made current as of the date for the issuance of said license.
[Amended 12-18-1978 by Ord. No. O-16-78; 10-14-2014 by Ord.
No. O-32-2014]
Licenses shall be renewable on October 1 of
each year upon application therefor and payment of the fee required
by this chapter. No investigation is necessary on application for
renewals. The Township Committee shall have the power to initiate
its own investigation on application for renewals, however, and if
it finds that conditions have now changed since its prior investigation
held thereon so that all provisions of this chapter are not complied
with, the application for renewal shall be denied. A licensee who
fails to submit a renewal application by September 30 shall pay, in
addition to the annual license fee, a late charge of $100. The late
charge shall not be the exclusive penalty, but shall be in addition
to any other penalties provided for in this chapter.
Licenses shall be transferable upon the payment
of a fee of $15 therefor and approval thereof by the Township Committee.
Applications for any transfers shall be filed with the Township Clerk
in duplicate, who shall notify the Secretary of the Zoning Board of
Adjustment if the transfer is to other lands and premises and the
Township Committee not later than its next regular meeting. All such
applications shall contain therein:
A.
The name and residence of both the transferor and
transferee.
B.
If the transferor proposes to conduct his business
or occupation at lands and premises other than those of the transferee,
a description of the same where the transferee proposes to conduct
his business or occupation.
C.
The consent, signed by the transferee to the proposed
transferee.
If the proposed transferee will conduct the business of a junk dealer at the lands and premises of the transferor being used for that purpose, only the investigation set forth in § 247-6A hereof shall be made. If the proposed transferee will use any other lands and premises than those being used by the transferor for the said business or occupation, a full investigation as in the granting of a license shall be made. No transfer shall be permitted which will violate the provisions of any Zoning Ordinance or the provisions of § 247-6 of this chapter.
All fees paid by the applicant for a license
or the transfer of a license which is denied by the Township Committee
shall be returned.
No junk dealer shall conduct his business from
any junkyard contrary to the following conditions and any regulations
pursuant thereto:
A.
No junk shall be dismantled, stored or stacked within
100 feet from the right-of-way of any public highway and within 25
feet from the rear and side lines of any junkyard.
B.
No junk or refuse shall be ignited and burned within
100 feet from any building on adjacent properties or the right-of-way
of a public highway or in such a manner as to cause excessive smoke
to go on adjacent properties or public highways and thereby be injurious
or dangerous to the public health, safety and welfare. A permit from
the Fire Warden of the fire district shall be obtained before any
junk or refuse is burned.
C.
Fences.
[Amended 12-18-1978 by Ord. No. O-16-78]
(1)
A fence obstructing view and access, at least six
feet high and having a gate which can be secured against unauthorized
entry within said fence, shall enclose any junkyard or any part of
the premises used as a junkyard.
(2)
Any fence located and placed after the effective date
of this chapter shall be constructed at least 100 feet from the right-of-way
of any public highway and at least 25 feet from the rear or side line
of any adjoining lands.
(3)
The Zoning Board of Adjustment, in accordance with
the provisions of N.J.S.A. 40:55D-70c, may for special reasons grant
a variance to relax or waive the fencing requirement for side and
rear yards upon the showing by the applicant of special reasons, as
defined by the statute, together with proof that the adjoining lands
will not be adversely affected and/or there shall be no need to secure
against unauthorized entry.
D.
No condition which is a public fire or health hazard
or a public nuisance shall be permitted to exist and continue in a
junkyard.
All junkyards shall be open to inspection by
the Township Committee or any authorized agency or person of the Township
of Franklin, such as the police, fire officers and Board of Health,
during reasonable hours and at reasonable times.
A.
Licenses may be revoked permanently or suspended for
any period of time for any violation of the provisions of this chapter.
Any conviction or plea of non vult or nolo contendere to a charge
of receiving stolen goods by the holder of a license shall be sufficient
cause for suspension, and if the same occurs more than three times,
it shall be sufficient cause for permanent revocation.
B.
The holder of a license shall be given at least 10
days' notice of any proposed revocation or suspension of a license
by reason of the violation of any of the provisions of this chapter
and the grounds therefor. He shall be entitled to a public hearing
upon request to be held not less than 15 days thereafter. The Township
Committee shall preside over any such hearing, hear the evidence and
be judge of the facts. The licensee shall be entitled to be represented
by counsel and present evidence on his behalf, as shall also the Township.
After the hearing, the Township Committee shall have the Clerk record
its findings and conclusions of law with regard to the same and any
suspension or revocation ordered pursuant thereto.
Any person aggrieved by an action of the Township
Committee granting, denying, transferring or refusing to transfer,
renew or revoke a license under this chapter may file a written request
for a hearing before the Township Committee within 30 days after such
action has been taken. The Township Clerk shall give notice of a public
hearing upon this request to be held not less than five days after
service by mail upon the person requesting the hearing. The Clerk
shall also give notice of the hearing to other persons directly interested
in the action in question. At such hearing, the Township Committee
shall determine whether the granting, denial, transfer, refusal to
transfer, renewal or revocation of the license was in accordance with
the provisions of this chapter and shall issue written findings of
fact, conclusions of law and an order by resolution to carry out its
findings and conclusions. These findings of fact and conclusions of
law and order shall be spread upon the minutes of the Township, and
a copy shall be served upon the parties appearing or represented at
the hearing.
A.
All persons presently engaged in the business or occupation of a junk dealer within the boundaries of the Township of Franklin shall comply with the provisions of this chapter by making application for a junk dealer's license within 30 days of the final passage and publication hereof and, if granted a junk dealer's license, shall comply with § 247-12 of this chapter within 90 days thereafter. All such persons shall be given credit for any fees paid to the Township of Franklin for a license to operate a junkyard under the provisions of prior ordinances in the granting of a license under this chapter.
In addition to suspension or revocation of a
license, any person who shall violate the provisions of this chapter
shall be subject to a fine of not less than $10 nor more than $200,
and not more than 30 days imprisonment, or both, upon conviction thereof
before a court of competent jurisdiction.
This chapter shall apply also to any junk dealers
who make application to the State of New Jersey pursuant to the provisions
of N.J.S.A. 39:11-2 et seq.
