[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08. Amendments noted where applicable.]
Junkyards and salvage yards — See Ch. 344.
Land use and development regulations — See Ch. 348.
Vehicles and traffic — See Ch. 477.
Inoperative vehicles — See Ch. 481.
Editor's Note: This ordinance repealed former Ch. 485, Vehicles, Sale or Storage on Vacant Land, adopted 11-27-1973 by Ord. No. 1378 as Ch. 105, Art. II, of the 1973 Code, as amended.
For the purpose of this chapter, the terms used herein are defined as follows:
- MOTOR VEHICLE
- All vehicles propelled otherwise than by muscular power, and motorcycles, trailers of all types and tractor equipment.
- NEW MOTOR VEHICLE
- Newly manufactured motor vehicles.
- USED MOTOR VEHICLE
- A motor vehicle so used as to become what is commonly known as "secondhand," within the ordinary meaning thereof, and includes every motor vehicle other than a new motor vehicle.
- VACANT LAND
- Any open-air plot of ground, lot or land where motor vehicles are exhibited, stored, parked, kept or located for sale or exchange.
No person, firm or corporation shall manage, conduct or carry on the business of selling, buying, exchanging or dealing in motor vehicles, as herein defined, on vacant land, without first obtaining a license or licenses therefor. No such business shall be conducted except in compliance with this chapter and all other applicable ordinances of this municipality, including, without limitation, the Zoning Ordinance.
A separate license shall be required for each separate place of business conducted by the same owner.
Said license shall not be transferable to another person, firm or corporation or to other premises.
Sale of motor vehicles on public roads.
No person, firm or corporation shall hereafter sell, trade or offer for sale or trade any motor vehicle on any public road or right-of-way or private property except on land owned or leased by that person, firm or corporation; provided, further, that all such activity shall be conducted in accordance with all applicable ordinances of this municipality, including, without limitation, the Zoning Ordinance.
Nothing contained herein shall prohibit the operation of a privately owned automobile, in the Township, by its owner, exhibiting a sign indicating that it is available for sale.
Every applicant for a license to engage in said business shall file with the Township Clerk, together with the license fee required by this chapter, a written application, signed and sworn to by the applicant or by an authorized officer of the applicant if a corporation. Such application shall state, in a form provided by said Clerk, and thereafter submitted to the Township Council for approval:
The name and address of the applicant or applicants and, if a firm or corporation, the names and addresses of the partners or officers and the registered agent, as the case may be. If the business is to be conducted under a trade name, such name shall be stated in the application.
The place of previous employment or occupation of the applicant or applicants, or of the partners or officers, as the case may be, and whether or not said applicant or applicants, partners or officers have ever been convicted of a crime.
The detailed nature of the business to be conducted.
A sketch of the premises upon which the business is to be conducted, showing dimensions and frontages on streets, the distance to the nearest street intersecting the street upon which the premises front, if an interior lot and, if a corner lot, showing the streets upon which said lot fronts; and also showing existing or proposed entrances or exits to said premises; and, if a building exists on said premises, showing the location of the same, or of any proposed building, and its type and dimensions.
If the applicant is not the owner of the premises where said business is to be conducted, the property owner's consent to the carrying on of said business shall be endorsed on said application.
The number and location of stalls for the display of the motor vehicles.
Accompany said application by proof of pending application for a motor vehicle dealer's license to be issued by the New Jersey State Motor Vehicle Commission, provided that no license shall be issued hereunder until said Commission issues its license and proof is submitted to the Clerk.
Any vacant land used for such business shall conform to the minimum lot size established under the Zoning Ordinance for said zone where the business is to be conducted; provided that this requirement shall not apply when said business is connected with and is part of a new or used motor vehicle business conducted in an adjacent garage or showroom building, if said business site and improvements otherwise are in conformity with the Zoning Ordinance as to space requirements and use.
The premises of the applicant, existing or proposed, may, in the discretion of the Township Council, be inspected by any municipal official, employee or body, and the Council may, in its discretion, require reports of such inspection prior to the granting or renewal of any license issued or to be issued under this chapter, and may require that such inspecting official, employee or body approve said application and the premises to be licensed prior to the issuance of any license. No license under this chapter shall be issued or renewed, except by resolution of the Township Council.
The annual license fee shall be the sum of $200 for each place of business.
All licenses shall be good from the date of issue until the 31st day of December next, after granting same.
Any such license when issued shall in no way be construed to permit the owner of the business to operate or maintain said business upon any location other than that set forth and described in the license.
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 motor vehicles, said premises or part thereof so used shall be entirely enclosed on all sides by a permanent curb or a prefabricated curb at least six inches in width and not less than six inches in height, without openings except for no more than one entrance and one exit opening on each street, avenue or highway on which said premises abuts. Each of said openings shall not exceed 20 feet in width and shall be marked and designated so it will be clear which is an entrance opening and which is an exit opening. Said openings shall be used only for the purposes for which they are marked and designated.
Said curbing shall be set back at least 1/2 the distance from the property line of said vacant land, as required by the setback line fixed by the Zoning Ordinance for the zone wherein same is located, but in no event less than 15 feet from said property line.
The license shall not issue until this requirement has been fulfilled.
The hours during which any licensed premises may be used for the conduct of such business shall be as follows: on weekdays from 7:00 a.m. to 10:00 p.m.; on Sundays from 9:00 a.m. to 9:00 p.m., if otherwise allowed by state law.
Illumination shall be installed and maintained in such a manner as to deflect the light from public highways and buildings on adjacent lots. No unshaded strings of lights or unshaded streamers shall be permitted. The purpose thereof is to eliminate glare of lights on such highways and buildings.
All illumination other than the minimum necessary to provide protection, such as guard or night lights, shall be extinguished no later than 10:00 p.m. on weekdays and 9:00 p.m. on Sundays.
All motor vehicles displayed and to be displayed for sale or exchange shall be operable and fairly salable, especially with respect to so-called "used" motor vehicles as herein defined. The declared purpose of this requirement is to insure that at any time on days when the business license is in operation, motor vehicles can be driven directly from the licensed premises without requiring repairs or reconditioning.
No dismantling, salvage, repair of motor vehicles, or the sale, exchange or transfer or delivery of any parts thereof, shall be permitted or delivered from the licensed premises, except where the licensed premises are operated in connection with an established business of a garage or show room otherwise complying with § 485-4 hereof.
Motor vehicles shall be placed on the premises to permit access around all sides and in such manner as not to create a fire hazard.
Every licensee hereunder who shall receive, or be in possession of lost or stolen motor vehicles and parts thereof, shall forthwith, on demand of the police authorities, present the same to said authorities.
Licensed premises shall have an adequate drain system to drain away surface waters so that no pools of water may form, at any time, thereon, and no surface waters shall drain on adjoining lands.
Any member of the Police Department, Fire Department and the Board of Health, or the Construction Official, shall have the right at any and all reasonable times to inspect any or all parts of the licensed premises.
Any licensee violating any of the provisions of this chapter, or willfully making a false statement in its application, or committing any crime or nuisance on the licensed premises, or for any other just cause, including, without limitation, revocation or suspension of the applicant's New Jersey State license, may have its license revoked or suspended, after notice and hearing, by the Township Council. Such notices and hearing shall be as provided by resolution and shall provide for at least five days' notice of the hearing, in writing, mailed to the licensee at the address set forth in the application, or served personally on the licensee, or upon any officer, registered agent, or partner of the licensee, as the case may be.
Revocation or suspension shall be in addition to the penalty provided for the violation of this chapter or the penalty provided for the violation of any other ordinance of this municipality.
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, forfeit and pay a penalty not to exceed the sum of $200 or be imprisoned in the Ocean County Jail for a period of not more than 90 days, or both. The imposition of a penalty for 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.