[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982
as Sec. 4-7 of the 1981 Revised General Ordinances. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks.
Any unregistered motor vehicle which is unfit for reconditioning
for use for highway transportation, or used parts of any motor vehicle or
vehicles.
A newly manufactured motor vehicle.
Includes absolute or voluntary sales and purchases, agreements to
sell and purchase or any form of security agreement whereby any motor vehicle
is sold and purchased or agreed to be sold and purchased, or the giving or
transferring possession thereof to any person for permanent use; continued
possession for 60 days or more is to be construed as permanent use.
A motor vehicle so used as to become what is commonly known as "secondhand"
within the ordinary meaning thereof, and includes every motor vehicle other
than a new motor vehicle.
It shall be unlawful for any person to use any vacant lot, open space
or tent in the borough for the purpose of selling, buying or dealing in any
used or new motor vehicle or vehicles or motor vehicle junk, or storing the
same for sale, without obtaining a license as herein provided.
All licenses shall expire on July 31 annually and no license fee shall
be apportioned for any portion of the year.
The license shall not be assignable or transferable and shall authorize
the licensee to conduct the business only on the lot specified.
A.
Every applicant shall file with the Municipal Clerk a
written application, signed by the applicant, which shall state:
(1)
The name and residence of the applicant, and if a firm,
the name and address of the partners, and if a corporation, the name and address
of the officers and registered agent.
(2)
The nature of the business to be conducted, in detail,
and the average number of vehicles intended to be stored daily.
(3)
A description of the lot, open space or premises where
the business is to be located and carried on.
B.
The owner of the premises where the business is to be
located shall endorse, in writing, his consent upon the application.
Every application shall be accompanied by the license fee herein imposed
which shall be returned in the event that the application is denied.
Every application shall contain an agreement that the applicant accepts
the license upon the condition that it may be suspended or revoked for cause
at any time by the Mayor and Borough Council.
No license shall be issued unless the applicant has obtained from the
Zoning Board of Adjustment a certificate of the approval of the location to
be used therefor. All licensed premises shall be subject to inspection at
all times by the appropriate borough officials.
Upon receipt of an application for a permit, the Borough Council shall
hold a public hearing upon the application, which hearing shall take place
not less than two weeks or more than four weeks from the date of the application.
The applicant shall give a three-day written notice of the hearing to all
residents within 500 feet of the proposed location, of the time and place
when and where consideration of the application for the license shall be undertaken,
at which public hearing all persons interested shall be heard. No license
shall be granted unless the Borough Council shall, after the hearing, find
that no unreasonable depreciation of surrounding property would ensue from
the establishment or maintenance of the business desired to be conducted by
the applicant, and that the best interests of the community require the operation
of the business at the location designated; the proximity of schools, churches
and other places of public gathering, 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.
[Amended 5-23-1995 by Ord.
No. 1599-95]
The annual license fee shall be the sum as set from time to time by
resolution of the Borough Council.[1]
The Mayor and Council shall, by resolution passed by a majority vote,
approve the issuance of all licenses under this section, and instruct the
Municipal Clerk to issue the same.
Each day that any person carries on the business of selling, buying or dealing in any used or new motor vehicle or vehicles or motor vehicle junk, or storing the same for sale on any vacant, open space or in a tent in the borough without having a license issued under the provisions of this section shall constitute a separate offense and be punishable as such as stated in Chapter 1, General Provisions, Article III.
