[HISTORY: Adopted by the Common Council of the City of North
Tonawanda 4-3-2002. Amendments noted where applicable.]
It shall be unlawful for any person, copartnership, corporation
or association to engage in or continue in the business of buying
or selling any new or used automobiles, which business and/or which
person is herein designated as an automobile dealer, unless such automobile
dealer shall have complied with the provisions of this chapter and
obtained a license so to do from the Mayor of the City of North Tonawanda.
For the purposes of this section, any person, copartnership,
corporation or association who engages in the sale of three or more
automobiles at one time and stores said automobiles on his property
for the purpose of selling them is deemed an automobile dealer.
The power and authority to grant or refuse the license provided
for herein is hereby vested in the Mayor of the City of North Tonawanda,
and in considering the same he shall take into account the character
and nature of the neighborhood and surrounding property of the premises
upon which it is proposed to conduct such business; the health, safety
and general welfare of the public; and the character and reputation
of the applicant in connection with the maintenance and operation
of a business of this character. All licenses issued hereunder shall
expire on the 31st day of December following the date of their issuance,
unless sooner revoked for cause or by passage of an ordinance by the
City of North Tonawanda further restricting the business for which
such licenses shall have been issued.
All applications for said license shall be made to the City
Clerk of the City of North Tonawanda. The fee for said license shall
be $100 per calendar year or a fractional part of such year for which
a license hereunder shall be issued, which fee shall be payable to
the City of North Tonawanda.
No person, association, copartnership or corporation shall be
entitled to or receive such license who or which, in case of a corporation
or association any member of which, has been, since January 1, 1940,
or who or which shall hereafter be, convicted of larceny or knowingly
receiving stolen property or violation of this chapter.
A.
All
dealerships must have valid legal title to vehicles appearing on the
lot for sale.
C.
Hours
of operation are subject to approval of the Zoning Board of Appeals.
D.
All
vehicles sold shall not require additional repairs prior to their
registration with the Department of Motor Vehicles.
F.
All
on-site lighting is subject to approval of the City Engineer and Building
Inspector.
A.
No
vehicle storage or repair shall be on public property, including but
not limited to public streets.
B.
Dealership
property must be maintained in a neat and orderly manner. There shall
be no accumulation of junk vehicles, tires, parts, garbage, refuse
or debris on the property.
C.
All
surfaces for vehicle travel and storage are subject to approval of
the City Engineer and Building Inspector.
A.
Any
violation of any of the sections of this chapter shall be deemed a
City ordinance violation and shall be punishable by a fine not exceeding
$100 per day for each offense or imprisonment of up to 15 days in
jail, or both.
B.
Offenses
shall continue to accrue daily until such time as the automobile dealer
is no longer in violation.
This chapter shall take effect immediately.
