[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as Ch. 5.40 of the 2003 Municipal Code. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person engaged in, or who shall engage in, the business
of buying and selling new motor vehicles. The fact that any person
maintains and conducts or shall maintain and conduct an agency for
any motor vehicle manufacturer shall not exempt such agent from the
provisions of this chapter.
Only a newly manufactured motor vehicle, except a nonconventional-type
motor vehicle, and includes all such vehicles propelled otherwise
than by muscular power, and motorcycles, trailers, and tractors, excepting
such vehicles as run only upon rails or tracks.
Every vehicle not designed or used primarily for the transportation
of persons or property and only incidentally operated or moved over
a highway, including, but not limited to, ditch-digging apparatus,
well-boring apparatus, road and general purpose construction and maintenance
machinery, asphalt spreaders, bituminous mixers, bucket loaders, ditchers,
leveling graders, finishing machines, motor graders, road rollers,
scarifiers, earthmoving carry-alls, scrapers, power shovels, drag-lines,
self-propelled cranes, earthmoving equipment, trailers, semitrailers
weighing less than 2,500 pounds, motorized wheel chairs, motorized
lawn mowers, bogies, farm equipment whether or not motorized, including
farm tractors, industrial tractors, motor bicycles, scooters, go-carts,
gas buggies and golf carts.
Any person, firm or corporation engaged in the business of
buying and selling used motor vehicles; and the fact that the person,
firm or corporation maintains and conducts an agency or sub-agency
for an automobile manufacturer shall not exempt any such agent or
sub-agent from the provisions of this chapter, if such agent or sub-agent
is engaged in the business of buying and selling used motor vehicles
or used parts for motor vehicles or both of the business.
Every vehicle, except a nonconventional-type motor vehicle,
as defined herein, title to or possession of which is transferred
from the person who first acquired it from the manufacturers or dealer,
and which has been so used as to become what is commonly known as
"secondhand" within the ordinary meaning thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall expose for sale any new or used motor vehicle; or exercise, carry on or be engaged in the trade or business of new or second hand automobile dealer within the Township without a business license in conformity with the provisions of this chapter and Chapter 214, Business Licenses.
The terms of this chapter shall not be construed to apply to the sale of any motor vehicle by a resident of the Township from the property on which that person resides, as permitted by Chapter 500, Land Development, where the resident purchased the motor vehicle with the primary purpose of use and not with the primary purpose of purchase for resale at a profit.
A.
Every applicant for a license under this chapter shall provide, in addition to the business license requirements of Chapter 214:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Every such application shall be accompanied by a detailed plan
of the site to be licensed, drawn to scale by a New Jersey licensed
engineer, which plan shall clearly show the following.
(1)
Location;
(2)
Size and shape of land area;
(3)
Location and size of all buildings;
(4)
Location and dimensions of all entrance and exit driveways;
(5)
Location and dimensions of all interior driveways;
(6)
Location and size of all parking spaces used for display of
motor vehicles for sale;
(7)
Location and size of all parking spaces provided for employees;
(8)
Location and size of all parking spaces provided for customer
parking;
(9)
Location and size of all freestanding signs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall be eligible for a business license for a motor
vehicle business who prior to making application shall have been duly
convicted in any court of competent jurisdiction of having received
stolen goods or of any infraction of the terms and provisions of this
section or any other applicable ordinance of the Township or any other
applicable state and local regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation licensed under the provisions
of this chapter shall, at all times during the term of the license,
allow the Chief of Police or any member of the Township Department
of Police, the New Jersey State Police or any other authorized law
enforcement officer or official to enter the premises where the licensee
is carrying on said business for the purpose of inspecting such premises
and inspecting the automobiles or license plates therein for the purpose
of locating goods suspected or alleged to have been stolen or otherwise
improperly disposed of.
Licensees under the terms of this chapter shall not keep their
offices or places of business open for the transaction of business
before 7:00 a.m. nor after 10:00 p.m., prevailing time, when all lighting,
with the exception of safety lighting, shall be extinguished.
No licensee, under the terms of this chapter, shall purchase
or receive any automobile or automobile parts of any nature from any
minor.
A.
Whenever the Chief of Police shall have cause to believe that
the sale of an automobile or automobile part in the possession of
any licensee hereunder would be in violation of any law, ordinance
or regulation, the Chief may order the licensee not to sell the merchandise
in question nor to permit it to be removed from the licensed premises.
It shall be a violation of this chapter for a licensee to disobey
such order; provided, that such order shall not be valid for more
than six months from date of issue.
B.
Any order issued under this section shall state with particularity
the prohibited conduct, shall set forth the reasons for the order,
and shall inform the licensee of the licensee's right to be heard
by the Township Administrator. A licensee may appeal any such order
to the Township Administrator within 10 days of receiving notice thereof.
Such notice shall be personal notice.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Township Administrator shall hear arguments on the order
from both the Chief of Police and the licensee, and shall affirm or
vacate said order. Either party may appeal the decision of the Township
Administrator to the Township Committee within 10 days of the decision.
If said decision is appealed, the Township Committee shall hear both
parties and shall within 30 days of the appeal affirm or reverse the
decision of the Township Administrator. The decision of the Township
Committee shall be final. The order shall remain in effect pending
all appeals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All automobiles, parts or accessories thereof in the possession
of any licensee hereunder shall at all times be open to the inspection
and right of examination of any person claiming to be the owner thereof,
or claiming any interest therein, when such person is accompanied
by a police officer of the Township or the New Jersey State Police
or other authorized law enforcement officer or official; nor shall
any licensee under the terms hereof hide, conceal or stow away any
of the property in such licensee's possession from any member of the
Township Department Of police, the New Jersey State Police or any
other authorized law enforcement officer or official.
No signs, banners or other visual means of advertising or proclaiming the sale or availability for sale of a motor vehicle shall be permitted within the Township except as provided in Chapter 500, Land Development, or other applicable regulations, on premises licensed under this chapter or in relation to a business licensed hereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Wherever motor vehicles are stored or offered for sale, a business
license with the supplemental information and fee as herein provided
shall be required for each separate lot or parcel of ground upon which
the business is conducted; provided, however, that where the lots
are contiguous to each other, and the business is conducted on all
of the lots, only one license shall be required.
No motor vehicle shall be placed by the licensee on any sidewalk
or any part thereof, nor shall the said licensee use the street or
street right-of-way or any part thereof for the storage, display or
sale of the motor vehicle. Automobiles or motor vehicles offered for
sale under this chapter must be fit for use for highway transportation
or capable by ordinary and reasonable adjustment, repair or replacement
of parts thereof or attachments thereto, of becoming fit for such
use, and from which no part thereof or attachment thereto shall have
been removed excepting such part or attachment as shall have been
removed temporarily for repair or replacement. Motor vehicles being
repaired shall not remain on any licensed premises in an unrepaired
condition for any period exceeding 60 days.
No licensee or agent thereof shall knowingly buy, sell, receive,
dispose of, conceal or have in possession any motor vehicle from which
the manufacturer's serial number or any other number or identification
mark has been removed, defaced, altered, covered or destroyed for
the purpose of concealing the identity of such vehicle.
Premises licensed under this chapter shall in all respects conform to the requirements of Chapter 500, Land Development; in particular, to requirements as to dimensions of driveways and parking spaces. No portion of any entrance, exit or access driveways may be used for parking of motor vehicles.
