[HISTORY: Adopted by the Borough of Rutherford Council 12-15-1992 by Ord. No. 2670-92. Amendments noted where applicable.]
The purpose of this chapter is the regulation of the opening and closing hours of service stations and motor vehicle repair facilities in order to safeguard the health, safety and welfare of the citizens of the Borough of Rutherford. It has been determined that the all-night or late-night operation within the Borough of Rutherford of service stations and repair facilities located in close proximity to residential areas has been and is continuing to disturb the peace and repose of its citizens, thereby creating a public nuisance.
The provisions and requirements of this chapter shall not apply to nor include any service stations or motor vehicle repair facilities located within the ORD or HC Highway Commercial Zoning District.
All service stations or motor vehicle repair facilities in the Borough of Rutherford, except those establishments located in the ORD or HC Highway Commercial Zoning District, shall be closed between the hours of 12:00 midnight and 5:00 a.m., prevailing time, on every day of the year.
Any person, firm or corporation that shall violate any provision of this chapter shall, upon conviction thereof in any court authorized by law to hear and determine the matter, be fined such sum not exceeding $500, as such court in its discretion may impose, or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 30 days, as such court in its discretion may impose, or be fined such sum not exceeding $500, as such court in its discretion may impose, or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistencies.