[HISTORY: Adopted by the Borough of Rutherford Council 12-15-1992
by Ord. No. 2670-92. Amendments noted where applicable.]
A.
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.
B.
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.
A.
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.
B.
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are hereby repealed to the extent of such inconsistencies.
