[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 7-26-1961. Amendments noted where applicable.]
[Amended 9-8-1971 by Ord.
No. 13-0-71]
Unless another meaning is apparent from the
language or content, the terms used in this chapter are defined as
follows:
Natural persons, firms or copartnerships, corporations, associations
and other artificial bodies, and members, officers, agents, employees
or other representatives of those hereinbefore enumerated.
Every motor vehicle, title to or possession of which has
been transferred from the person who first acquired it from the manufacturer
or the manufacturer's dealer, as well as any other motor vehicle from
or to which parts are transferred from or to another motor vehicle.
A person engaged in the business of selling, buying or dealing
in used motor vehicles.
[Amended 3-27-1963]
A.
No person shall engage in the business of selling,
buying or dealing in used motor vehicles within the Borough of Wanaque
unless he shall first obtain from the Borough Council a license to
engage in such business for the premises in his application.
[Amended 3-27-1963]
Every applicant for a license to engage in said
business shall file with the Borough Clerk a written application signed
by the, applicant or applicants, which application shall state:
A.
The name and residence of the applicant, and, for
a firm or corporation, the name and address of the officers and the
registered agent or partners.
B.
The length of time that the applicant or applicants,
or if the applicant is a firm or corporation, the length of time that
the manager or the person in charge has been a resident of the borough,
if such is the case, his or their place of previous employment and
if the applicants have been convicted of a crime, and if so, when,
what offense and in what court.
[Amended 9-8-1971 by Ord.
No. 13-0-71]
C.
The detailed nature of the business to be conducted.
D.
The place where the business is to be located and
carried on.
E.
The size and description of the proposed office structure,
if any, which is to be maintained on any such open lot, and the location,
size and description of the sanitary equipment and rest room accommodations
which will be maintained upon or in connection therewith or within
a reasonable distance of such open lot described in the application.
F.
Together with said application, the applicant shall
submit a sketch showing the dimensions of the lot of land upon which
the business is to be conducted, the area proposed to be used, any
buildings to be located thereon, the area where motor vehicles will
be parked, stored or kept, indicating the number of such vehicles,
the illumination to be provided for such lot, the exact location of
all buildings existing or to be erected on such lot, entrance and
exit openings, together with their width, the setback on the curbline
of all vehicles to be displayed upon said premises, any fences or
railings to be erected and any and all other matters so that a detailed
plan is portrayed in said sketch.
A.
The license issued by virtue of this chapter shall
expire, unless sooner revoked, on the 31st day of December of the
year in which issued.
B.
Said license shall not be transferable from person
to person without the consent of the Borough Council.
C.
Said license is not transferable from premises to
premises.
D.
Said license may be revoked or suspended for cause
or for violation after notice and hearing to the licensor. The penalty
of violation or suspension shall be in addition to the penalty for
the violation of this chapter or the penalty provided for the violation
of any other ordinance of the Borough of Wanaque.
[Amended 11-14-2016 by Ord. No. 23-0-16]
The annual license fee for such license shall
be $300 per year.
Any person to whom a license is issued shall
abide by and comply with the following regulations:
A.
No license shall be granted to any applicant hereunder
to carry on or conduct said business on any open lot which contains
less than 5,000 square feet, except where it is connected with any
part of a garage, service station or other motor vehicle business.
B.
No motor vehicle shall be exhibited, stored, parked
or located for sale or exchange under this license issued hereunder
within 15 feet of any building occupied solely for residence purposes.
C.
Every such vacant lot or property maintained by a
licensee under this chapter shall be illuminated with electric lights
which shall be installed or constructed in such a manner as to deflect
the light from the public highways. No string of lights or streamers
shall be permitted. The purpose of this section is to eliminate the
glare of lights on the public highways in the Borough of Wanaque.
D.
Every office building or rest room constructed in
such vacant lot shall be constructed only after the plans for such
office building or rest room shall have been submitted to and approved
by the Building Inspector of the Borough of Wanaque.
E.
The licensee shall refrain from creating or allowing
undue noise therein, shall not permit smoke or dust to escape from
the premises so as to constitute a public or private nuisance, and
shall keep said premises as neat and orderly as the nature of the
business will allow.
F.
Entrance and exit openings shall be constructed and
shall be not less than 10 feet in width, and all vehicles in display
shall be set back at least 20 feet from the curbline.
G.
No business shall be conducted on such premises and
the premises shall be closed between the hours of 10:00 p.m. and 8:00
a.m.
H.
All motor vehicles shall be operable or capable of
being put in an operable condition within 24 hours.
[Added 9-8-1971 by Ord.
No. 13-0-71]
I.
No licensee shall conduct an automobile repair or
parts supply business, except in connection with a garage, service
station or other motor vehicle business conducted in an enclosed building.
[Added 9-8-1971 by Ord.
No. 13-0-71]
The provisions of this chapter shall not apply
to, or be understood to apply to, any lot or plot of land occupied
by a public garage building wherein the business of public automobile
repair or storage is maintained or conducted, but this shall not be
construed to exempt any premises adjacent to any such garage building
from the provisions of this chapter.
This chapter is deemed necessary and proper:
[Amended 10-4-2010 by Ord. No. 17-0-10]
Not more than two licenses shall be issued under
this chapter.
[Added 3-27-1963]
The Mayor and Council of the Borough of Wanaque
may waive any requirements of this chapter or request such additional
information if in its discretion it is deemed proper for the protection
of persons and property or for the preservation of the public safety.
[Amended 9-8-1971 by Ord.
No. 13-0-71]
Any person or persons, firm or corporation violating
any of the provisions of this chapter shall pay a fine, on conviction
thereof, not to exceed $500 for each violation or be imprisoned for
a period not exceeding 90 days, or both.
