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Township of Howell v. Sagorodny

Decided: August 21, 1957.

TOWNSHIP OF HOWELL, COMPLAINANT-RESPONDENT,
v.
ANATOLY SAGORODNY, DEFENDANT-APPELLANT



Clapp, Davidson and Sullivan. The opinion of the court was delivered by Clapp, S.j.a.d.

Clapp

Defendant was convicted in the Municipal Court of the Township of Howell of having violated an ordinance of the township, enacted pursuant to N.J.S.A. 40:52-1. A fine of $10 was imposed, with costs of $5. The conviction was sustained on appeal to the County Court, and defendant now appeals to us.

The ordinance provides in part:

"Section 1. No person * * * shall engage in the business of keeping a junk yard, that is, * * * a yard, covered or uncovered, * * * for the purpose of * * * buying and selling * * * or storing * * * old and second-hand * * * metals * * * paper, lumber * * * or any other old or second-hand material commonly called junk, without being licensed to do so by the Township Committee. * * *

Section 2. Such premises shall at all times be kept and maintained by the licensee in a safe and sightly manner, with due regard to the public health and safety of persons and property in the vicinity where the junk yard is located.

Section 3. Such premises shall not be located nearer than 150 feet to any street or highway and said business shall be maintained

only so long as the same is enclosed by a fence at least 8 feet in height and so constructed that the business shall not be visible from the exterior and so long as said fence is kept in good repair and painted white or dark green.

Section 4. Such premises shall not be located nearer than 500 feet to any dwelling house, place of residence, church, school, auditorium, place of public gathering or like place.

Section 5. Such premises shall not be located in an area that is largely residential, or in any area where the unreasonable depreciation of surrounding property would ensue.

Section 6. Applications for permits * * * shall state the location of the premises where said proposed business is said to be located, the name and address of the owner of said premises, and the name and address of the operator of said proposed business * * *. No permit shall be issued for a period of more than one year."

As stated in the complaint against the defendant, he is charged with having, on October 13, 1956, violated the ordinance, as follows:

"Section 1: In that defendant does not have a junkyard license for the location of a junkyard operation in violation ...


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