[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 1085 (§ 9-4 of the 1987 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Garage Safety
and Cleanliness Ordinance."
The Mayor and Council have been made aware of
unsightly and hazardous conditions on the grounds of some service
stations and repair facilities in the Borough including fire and traffic
hazards, poor sanitation, the storage of abandoned, junked and unlicensed
vehicles, the storage and display of used motor vehicles and parts
and such other conditions affecting the safety and well-being of the
residents of the Borough. In recognition thereof, the Mayor and Council
find that the public interest would best be served by enactment of
the provisions hereinafter prescribed for the regulation of service
stations and repair facilities.
As used in this chapter, the following terms
shall have the meaning indicated:
A building or structure and the adjoining land under the
same ownership and control upon which automobiles and other major
vehicles are dismantled, reassembled, repaired and repainted for redelivery
to the owners of such vehicles or for resale.
A facility similar to "vehicle service station" as defined
herein, but at which the owner or driver of a vehicle may fill the
vehicle's gas tank and/or oil sump if such practice is permitted under
the statutes of the State of New Jersey.
A facility at which gasoline, diesel fuel and lubrication
oil are offered for retail sale. Other automobiles or motor vehicle
equipment and supplies may also be offered for sale. A repair facility
may be included on the premises of a vehicle service station.
A.
Each vehicle service station and/or repair and/or
self-service facility owner shall prepare a parking diagram of their
property in conformance with this subsection showing clearly the positions
to be used to park vehicles when the facility is not open for business.
B.
A copy of such diagram shall be forwarded to the Zoning
Officer of the Borough.
C.
Within 30 days of receipt of such diagram, the Zoning
Officer shall approve or reject such diagram in accordance with this
chapter and communicate his decision to the owner of the establishment.
D.
If not approved, the owner shall submit a new diagram
within 15 days. If approval is granted, the owner shall within 10
days post the approved diagram in a prominent place in a front window
so as to be visible from the exterior of the building and shall within
30 days paint or in a similar manner demark the parking stalls as
pictured in the diagram.
E.
Each parking diagram shall conform to the following
criteria:
(1)
No parking stall shall be closer than two feet of
any public sidewalk. No vehicle during facility operations shall be
parked or remain within two feet of any public sidewalk.
(2)
No parking stall shall, when occupied, dangerously
obstruct the view of a driver pulling out of one street onto another
(corner locations) nor during station operations shall a vehicle be
parked to obstruct such view.
(3)
Only one continuous double row of stalls will be allowed.
That is, one line of vehicles may be trapped behind another row in
one and only one location on the property.
(4)
No stall shall be closer than 10 feet to a gasoline
pump.
(5)
No stall shall obstruct or partially obstruct the
entrance to any repair bay.
(6)
When the station is closed, any tow truck or road
service vehicle occupy a stall.
F.
In cases of demonstrable hardship, the Zoning Officer
may modify this subsection in approving a plan.
A.
No used tires, parts, parts packaging or trash shall
be exposed to public view. All such material shall be stored in the
building(s) behind screens, or in covered trash receptacles.
B.
Vehicles on the lot shall not be used to store any material designated in Subsection A above, except parts removed from a vehicle or parts to be installed on a vehicle may be installed in that specific vehicle.
C.
Oil, fuel, and other liquids (not in manufacturer's
sealed cans) shall be stored inside of buildings in appropriate containers
or in in-ground tanks. Spills of same shall be promptly cleaned up
in accordance with DEP regulations.
Vehicles left by their owners for service shall
not be parked on the public street before, during or after repair.
A.
Vehicles towed to a facility shall be removed from
tow trucks promptly. In no event shall any vehicle be left suspended
from a tow truck for more than two hours.
B.
No disassembled vehicle nor one with broken glass
nor one with damage such as to make it illegal to operate on the public
streets shall be stored on the lot outside of a building unless it
is covered.
C.
No cover, sign, nor marking on a vehicle parked on
the lot shall contain any advertising material for services or products
of the repairing facility, except that vehicle used by the facility
for tow or other service may be marked to so indicate.
B.
Each calendar month shall constitute a new violation
of paragraph a above.
C.
Failure to maintain materials, permitting vehicles to be parked when facility is not in operation in other than designated stalls, keeping a vehicle suspended on a tow truck, or failure to cover a damaged vehicle, a fine as provided in Chapter 1, General Provisions, Article III, General Penalty. Summons to be issued by either a member of the Inspection Bureau or a Police Officer.[2]
D.
Under paragraph c above a continuing violation each
day the establishment is open for business shall constitute a new
violation. A first violation may be cited on a day the establishment
is not open for business.
The powers granted in this chapter shall be
in addition to the powers granted the Borough and its agent or employees
in other ordinances and statutes.
