Borough of North Arlington, NJ Chapter 96 Automotive Sales

[HISTORY: Adopted by the Mayor and Council of the Borough of North Arlington 12-17-1946 by Ord. No. 604 (Ch. 73 of the 1984 Code). Amendments noted where applicable.]

§ 96-1 Purpose.

This chapter is adopted for the purpose of raising revenue and to license and regulate the use of premises by dealers in used motor vehicles and parts thereof, pursuant to N.J.S.A. 40:52-1 and 40:52-2.

§ 96-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

SEPARATE AND DISTINCT LOCATION

Any premises which consist of a part of one or one or more lots, as set forth on the Tax Map of the Borough of North Arlington, and which part of such lot or lots are adjacent and contiguous to each other, and if described by metes and bounds would have one continuous and uninterrupted boundary line.

§ 96-3 License required.

It shall be unlawful for any person, firm or corporation to use any premises in the Borough of North Arlington for the purpose of engaging in the business of purchasing, selling and exchanging used motor vehicles and parts thereof, or for the purpose of storing used motor vehicles and parts thereof for sale or exchange, without first obtaining a license therefor from the Mayor and Council of the Borough of North Arlington, as hereinafter provided.

§ 96-4 License application requirements.

A. Any person, firm or corporation desiring to engage in the business of purchasing, selling and exchanging used motor vehicles and parts thereof, or desiring to store used motor vehicles and parts thereof for the purpose of sale or exchange, shall make a separate application in writing for the granting of a separate and distinct license for each separate and distinct location where the business of engaging in the sale, purchase or exchange of used motor vehicles and parts thereof is maintained or conducted, or where used motor vehicles and parts thereof are being stored for the purpose of sale or exchange.

B. Said application shall be made upon blank forms to be furnished by the Borough of North Arlington and shall:

(1) Set forth the name of the person or persons, firm or corporation making said application and their respective residence and business addresses.

(2) Describe the premises, either by metes and bounds or by lot and block number according to the Tax Map, upon which said business is to be conducted, giving the street frontage and the approximate depth of said premises.

C. No application shall be accepted by the Borough Clerk unless the same shall be accompanied by the full amount of the license fee, for each separate license, as provided herein.

§ 96-5 Interpretation of license.

Any such license when issued shall in no wise be construed so as to permit the owner of the business to operate or maintain said business upon any other location or in any other building or buildings other than that set forth and described in the application and license.

§ 96-6 Period of validity of license.

All licenses issued under this chapter shall be good and valid from the date of issue until the 31st day of December next after granting the same.

§ 96-7 License fee.

[Amended 7-9-1974 by Ord. No. 1032; 3-2-1982 by Ord. No. 1242; 2-9-2006 by Ord. No. 1953]

All persons, firms or corporations receiving such license or licenses shall pay to the Borough of North Arlington an annual fee of $500 for each and every separate and distinct license issued.

§ 96-8 Presentation of stolen vehicles upon demand.

Every licensee hereunder who shall receive or be in possession of lost or stolen used motor vehicles and parts thereof shall forthwith, on demand of the police authorities, present the same either to the police authorities or the Mayor and Council of the Borough of North Arlington.

§ 96-9 Vehicles not to occupy streets or sidewalks.

It shall be unlawful for any licensee to permit used motor vehicles and parts thereof to occupy any portion of any sidewalk or street of the Borough of North Arlington.

§ 96-10 Fencing required.

[Amended 2-9-2006 by Ord. No. 1953]

When any premises or part thereof licensed hereunder consists of an open-air plot of ground, yard or parcel of land and said premises or part thereof is used for the purpose of purchasing, selling, exchanging, storing or in any way dealing with and handling partly dismantled used motor vehicles and parts of used motor vehicles, said premises, or part thereof so used, shall be entirely enclosed on all sides by a solid surfaced board or metal fence or other suitable enclosure not less than six feet nor more than eight feet in height from the ground, substantially constructed, maintained in good condition and properly painted. Said enclosure may contain necessary gates which when closed will properly conform with the remainder of the fence or enclosure. Partly dismantled used motor vehicles and parts of used motor vehicles shall not be placed or stored outside of said enclosure or be piled or stored so as to be visible above the fence or enclosure. Advertisements and signs placed on said fence shall comply with Article XI, § 205-64 et seq., of the Chapter 205, Land Development.

§ 96-11 Storage restrictions.

A. It shall be unlawful for any licensee to permit used motor vehicles and parts thereof to be placed upon the licensed premises in such a manner so as to permit rainwater to collect and remain in and about said premises for a period longer than 24 hours.

B. It shall be unlawful for any licensee to store, pile or place any used motor vehicles and parts thereof upon the licensed premises in such a manner so as to create a fire hazard or a place for the harboring or breeding of rats, mice or vermin.

§ 96-12 Burning of vehicles prohibited.

It shall be unlawful for any licensee to cause any used motor vehicles and parts thereof which may be flammable to be destroyed by burning, either on the licensed premises or on any other place within the Borough of North Arlington.

§ 96-13 Right of inspection.

Any member of the Mayor and Council or the Board of Health, the Health Officer, the Chief of Police or any authorized agent of the Borough of North Arlington shall have the right at any and at all reasonable times to inspect any or all parts of the licensed premises.

§ 96-14 Revocation of license.

Any license granted hereunder may be revoked by the Mayor and Council for good cause shown, after five days' notice to the licensee in writing and upon a hearing of the charges presented. No license so revoked shall be reissued except for good and sufficient reasons shown.

§ 96-15 Expansion regulations.

No person, firm or corporation now conducting any business to be licensed hereunder shall be permitted to enlarge said business to cover an area larger in size or to occupy a building or enclosure other than that which is now presently occupied, except in such case where the same may be permitted under Chapter 205, Land Development.

§ 96-16 Restrictions on granting of licenses.

No license shall be granted to any person, firm or corporation who does not now maintain and operate the type of business to be licensed hereunder, except in such areas where the same may be permitted under Chapter 205, Land Development.

§ 96-17 Violations and penalties.

[Amended 10-16-1984 by Ord. No. 1307]

Any person, firm or corporation who shall violate a provision of this chapter, or fail to comply therewith, shall severally for each and every such violation and noncompliance be subject to the penalties provided in Chapter 1, Article I, General Penalty. The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, and each day that such violation is permitted to exist shall constitute a separate offense. The imposition of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.