[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 8-27-1940 by Ord. No. 917; amended in its entirety 8-7-1951 by Ord. No.
1246 (Ch. 226 of the 1978 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An open-air plot of ground, lot or land within the Township
of Nutley where one or more used motor vehicles are exhibited or are
stored, parked, kept or located for sale or exchange.
No person, firm or corporation shall manage,
conduct, operate or maintain the business of an open-air parking lot
for the sale or exchange of used motor vehicles, as defined in this
chapter, within the Township of Nutley without first having obtained
a license therefor from the Board of Commissioners of the Township
of Nutley.
The annual license fee for an open-air parking
lot for the sale or exchange of used motor vehicles shall be $200
if the area of the licensed lot does not exceed 10,000 square feet
and $400 if the area of the licensed lot exceeds 10,000 square feet.
Such license shall run for a period of one year commencing July 1
of each year. If, at the time of the application for a license under
the provisions of this chapter, less than six months of the licensed
year have expired, the applicant shall be required to pay the full
fee for the year; if six months have expired, the applicant shall
be required to pay 1/2 of the annual fee. All licenses shall be revocable
by the Board of Commissioners for a violation of this chapter, upon
due notice and hearing, but a revocation of the license shall not
relieve the licensee from the penalties provided for in this chapter.
A.
Any license issued under the ordinance which is amended
by this chapter shall terminate upon the effective date of this chapter,
and the license fee paid for such license shall be credited to the
license fee required hereunder.
B.
The license fees hereinabove set forth shall be applicable
to any new license and the renewal of any license now issued and outstanding.
[Added 9-4-1951 by Ord. No. 1249]
Written application for such license to manage,
conduct or operate an open-air parking lot for the sale or exchange
of used motor vehicles shall be made to the Township Clerk of the
Township of Nutley and shall consist of and include the following:
A.
Name and address of the applicant, and, if a firm
or corporation, the names and addresses of the partners and of the
officers and registered agent of the corporation.
B.
A metes and bounds description of the lot upon which
the business is to be conducted.
C.
A plan or survey showing the existing or proposed
entrance to the lot where the business is to be conducted.
D.
The location and description of the rest room with
toilet accommodations to be used in connection with the business.
E.
If the laws of the State of New Jersey or the rules
and regulations of any board, department or official of the State
of New Jersey shall provide that a permit or license is required to
conduct the business of selling or exchanging used motor vehicles,
sufficient proof that applicant has obtained the necessary permit
or license shall be furnished with the application.
F.
Where it is necessary to lower the curb and reconstruct
the sidewalk or otherwise disturb the same, sufficient proof that
applicant has obtained the necessary consent to alter the curb and
sidewalk from the state, county or municipal authority having control
over the same shall be furnished with the application.
No license shall be issued to manage, conduct
or operate the business of an open-air parking lot for the sale or
exchange of used motor vehicles in any residence district except as
said districts are established under the provisions of an ordinance
known by the short title of "Nutley Zoning Ordinance" and the supplements
and amendments thereto.[1]
No person, firm or corporation shall manage,
conduct or operate the business of an open-air parking lot for the
sale or exchange of used motor vehicles between the hours of 9:00
p.m. and 7:00 a.m. of the following day.
Where no entrance over the curb and sidewalk
to the licensed lot from the street upon which said lot fronts exists
at the time of the issuance of the license, the licensee shall, within
10 days after the issuance of said license, construct one entrance
from said street by lowering the curb and reconstructing the adjoining
sidewalk, if necessary.
If the licensee shall abandon the business licensed
hereunder, the curb which had been lowered and the sidewalk which
had been reconstructed to comply with the provisions of this chapter
shall forthwith be restored to their former condition.
[Amended 7-19-1966 by Ord. No. 1648]
The licensee shall deliver to the Township Clerk upon the issuance of a license a surety bond executed to the Township of Nutley in the amount of $250 with a corporate surety authorized to do business within the State of New Jersey, conditioned upon the faithful performance of the obligations of the licensee set forth in §§ 679-9 and 679-11 hereof. In lieu of said bond, the licensee may deposit with the Township Clerk the sum of $250 in cash, which shall be retained by the Township of Nutley without the payment of interest thereon, to guarantee the performance of the obligations of the licensee set forth in said §§ 679-9 and 679-11 hereof, and upon failure of the licensee to perform the work required under §§ 679-9 and 679-11 hereof, the said sum of $250 or such part thereof as may be necessary shall be applied to the cost of doing said work.
[Amended 7-6-1965 by Ord. No. 1625]
Within 10 days after a license is granted hereunder,
the licensee shall erect, install and maintain along the street frontage
of the property on which such business is conducted a permanent curb
of masonry concrete or other equally durable materials approved by
the Municipal Engineer, of not less than eight inches in height, or
in lieu thereof a permanent metal guardrail not less than two feet
in height, which shall be erected and constructed in accordance with
the requirements of the Building Code of the Township of Nutley.[1] Such curb shall be installed a minimum of two feet in
back of the street line. The curbing or guardrail shall contain only
one opening, and the width of said opening shall be not more than
15 feet to permit the entrance and exit of one motor vehicle. Such
opening shall be installed only where the street curb has been lowered
or cut and a concrete or bituminous concrete apron constructed. The
guardrail and curbing shall be at all times maintained and kept in
proper repair during the period covered by the license.
No motor vehicles shall be exhibited, stored,
parked or located for sale or exchange under the license issued hereunder
within 25 feet of any building occupied in whole or in part as a residence.
The license issued hereunder shall not be transferable
or assignable, except with the consent of the Board of Commissioners,
and the business shall be conducted only at the place therein specified.
No motor vehicle or other object shall be exhibited,
stored, parked or located under the license issued hereunder on any
street or sidewalk or part thereof.
This chapter is adopted for the purpose of raising
revenue and for the regulation and control of open-air parking lots
for the sale or exchange of used motor vehicles.
The licensee shall erect and maintain on the
licensed lot, or make available and accessible for use in connection
with said business within a reasonable distance therefrom, a rest
room with toilet accommodations in accordance with the regulations
of the Sanitary[1] and Plumbing Codes[2] of the Township of Nutley.
The licensed lot shall at all times be subject
to inspection by the members of the Police Department of the Township
of Nutley.
No licensee or his agent shall knowingly buy,
sell, receive, dispose of, conceal or have in his possession any motor
vehicle from which the manufacturer's serial number or any other number
or identification mark has been removed, defaced, altered, covered
or destroyed for the purpose of concealing the identity of such vehicle.
The licensee or any person employed by him to
whom is offered for sale any motor vehicle from which has been removed,
defaced, covered, altered or destroyed the manufacturer's serial number
or any other identification shall immediately notify the Chief of
Police of the Township of Nutley.
The licensee shall at all times keep the license
posted while in force in a conspicuous place on the premises described
in the application for such license and shall keep the lot in a neat
and orderly condition.
No part of any open-air parking lot for the
sale or exchange of used motor vehicles, nor driveway, entrance or
exit to or from the same, shall be within 150 feet of any lot line
of any plot or curtilage on which is located any building used as
a church, school or theater, or any lot line of any plot of ground
which is used as a public playground or public park or public athletic
field.
The provisions of this chapter shall not apply
to any lot occupied by a public garage building wherein the business
of public automobile repair or storage is maintained or conducted,
or by any other building where used motor vehicles are kept or stored,
but this shall not be construed to exempt any lot or premises adjacent
to such buildings from the provisions of this chapter.
No used motor vehicle shall be kept, maintained,
stored or placed on the licensed lot which cannot be moved, operated
or propelled at all times under its own power.
[Amended 5-15-1979 by Ord. No. 1973]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, pay a fine not to exceed
the sum of $500 or be imprisoned in the county jail for not more than
90 days, or both; and any corporation violating any of the provisions
of this chapter shall, upon conviction, pay a fine not to exceed $500.
Every day that such open-air parking lot is maintained in violation
of this chapter shall be deemed to be a new violation.
[Added 6-17-1969 by Ord. No. 1700]
Under the provisions of this chapter, auction
sales of automobiles and/or other motor vehicles are hereby prohibited
except under the following conditions:
A.
Any person, firm or corporation licensed under this
chapter and desiring to manage, operate or conduct any auction sales
of automobiles and/or other motor vehicles on the licensed premises
in the Township of Nutley shall first obtain a permit from the Township
Clerk.
B.
The permit may be obtained on the first day or any
subsequent day of a calendar month and shall expire on the last day
of the same calendar month.
C.
A fee of $50 shall be charged for each permit.
D.
The permit shall be in the following form:
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TOWNSHIP OF NUTLEY, NEW JERSEY
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PERMIT FOR AUCTION SALE OF AUTOMOBILES
AND/OR OTHER MOTOR VEHICLES
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Date of Issue
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Permit No.
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Expires
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Fee: $50
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Issued To
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License No.
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Address of Licensed Premises
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Issued in accordance with Ordinance No. 1700,
adopted 6-17-1969, amending and supplementing Ordinance No. 1246,
adopted August 7, 1951, entitled: "An Ordinance to License and Regulate
the Business of Operating and Maintaining an Open Air Parking Lot
in the Township of Nutley for the Sale and Exchange of Used Motor
Vehicles and Providing for a Penalty for the Violation Thereof," as
amended and supplemented.
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No vehicle shall be offered for sale at any
auction unless the within named licensee holds title to the vehicle.
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Any person serving as an auctioneer during the
term of this permit shall be an employee of the within named licensee.
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No sales shall be conducted during regular school
hours.
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Township Clerk, Township of Nutley, New Jersey
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(Seal)
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E.
A separate permit shall be required for each calendar
month in which one or more auctions are held.
