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.
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.
ZONING ORDINANCE
Refers to the Comprehensive Zoning Ordinance of the Township
of Toms River and all amendments thereto.
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:
A. 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.
B. 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.
C. The detailed nature of the business to be conducted.
D. 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.
E. 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.
F. The number and location of stalls for the display of the motor vehicles.
G. Attach thereto a certificate of the Zoning Officer that its proposed
use will be in accordance with the Zoning Ordinance.
H. 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.
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 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.