[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:
PERSON
Natural persons, firms or copartnerships, corporations, associations and other artificial bodies, and members, officers, agents, employees or other representatives of those hereinbefore enumerated.
USED MOTOR VEHICLE
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.
USED MOTOR VEHICLE DEALER
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.
B. 
No license shall be granted unless said premises shall conform with the Zoning Ordinance of the Borough of Wanaque,[1] nor shall such license be granted for any residential property.
[1]
Editor's Note: See Ch. 114, Zoning.
[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.
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:
A. 
For the protection of persons and property.
B. 
For the preservation of the public safety.
[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.