As used in this chapter, the following terms shall have the
meanings indicated:
OPEN-AIR PARKING STATION
Any lot, piece or parcel of land used for the purpose of
storing motor vehicles, where the owner or persons storing such vehicles
is charged a fee, and shall include such plots where shelters that
are not completely enclosed are erected and which are open to the
general public.
No person shall maintain or conduct an open-air parking station
within the limits of the Borough of Lodi without first having obtained
a license therefor from the Clerk of the Borough of Lodi so to do.
Application for licenses for open-air parking stations shall
be made by the persons intending to operate open-air parking stations
to the Mayor and Council, upon forms drawn and furnished by the Clerk
of the Borough of Lodi, and shall set forth the name under which and
the place where the open-air parking station is to be operated; whether
the applicant is an individual, partnership or corporation; the number
of motor vehicles which may at any one time be stored upon the premises;
the hours during which the motor vehicles may be stored; a complete
schedule of the rates to be charged for storing motor vehicles and
such other information as the Clerk of the Borough of Lodi may deem
advisable. Each application shall be signed and verified under oath
by the applicant, if an individual, or by a duly authorized agent,
if a partnership or corporation.
The licensing fee for the issuance of an open-air parking station
license shall be as provided in the current Borough Fee Schedule.
All applications for open-air parking stations shall be referred
to the Police Department of the Borough of Lodi for investigation
and approval. If after investigation and approval by the Police Department
it shall appear that the applicant has complied with the regulations
of this chapter and the rules and regulations established by the Police
Department and the statements set forth in the application are correct,
and if the proper fee shall have been paid, the Mayor and Council
may issue to the applicant a license for an open-air parking station,
which license shall continue in full force and effect until the first
day of January following the issuance of the license or until revoked
by the Mayor and Council. The Police Department and Clerk of the Borough
of Lodi shall keep records of all applications and licenses issued,
indexed alphabetically and by location.
At the time of accepting a motor vehicle for storing or parking
in an open-air parking station, the person conducting the same, his
agent, servant or employee shall furnish to such person parking his
motor vehicle a distinctive check, which shall be numbered to correspond
to a coupon placed upon such motor vehicle, which check shall show
the location of the lot and the name and address of the licensee operating
such open-air parking station.
No licensee shall make any charge for storing any motor vehicle in an open-air parking station in excess of that set forth in his application for license, unless and until he has notified the Police Department in writing of the change and has posted signs showing increases in the same manner as set forth in §
375-6.
Each licensee shall immediately notify the Police Department
of any claim made by reason of any loss, theft or conversion upon
his premises.
The Mayor and Council may revoke any license, after a hearing
before it, if at any time the licensee:
A. Has knowingly made any false or materially incorrect statement in
the application.
B. Knowingly violates or knowingly permits or countenances the violation
of any provisions of this chapter.
C. Knowingly violates or knowingly permits or countenances the violation
of any provisions of any penal law or ordinance regarding theft, larceny
or conversion of a motor vehicle or the operation of a motor vehicle
without the owner's consent, whether such licensee or other person
is convicted of such offense or not.
Unless expressly authorized by the owner or person having control
of such vehicle, it shall be unlawful to use or move any motor vehicle
from any parking lot to any other parking lot.
Each licensee shall faithfully perform his duties as bailee
and shall employ honest and competent attendants and help on his parking
lot. Failure to employ reliable and competent attendants and help
shall be cause for revocation of the license of such licensee.
Every merchant or other commercial establishment operating within
the Borough of Lodi and having a designated private parking area,
including parking areas which have been by request governed by the
traffic laws of the State of New Jersey, but are maintained for the
use of the patrons of the merchant or other commercial establishment
shall have the responsibility and obligation to properly maintain
such parking areas and to keep same free from accumulations of debris
or litter. Each such merchant or operator of such commercial establishment
shall adopt a written schedule of daily cleanup so as to avoid accumulations
of litter or debris within his property and to avoid the potential
for the scattering of such litter or debris on the property of others.
Upon request of the Borough Manager, a copy of said schedule and plan
shall be submitted to the Borough. Failure to either adopt said schedule
or to allow accumulations of litter or debris to exist on such merchant's
property for more than 12 hours following the closing of business
on any day shall be a violation of this section. For businesses which
are open for 24 hours, the obligation of removing litter and/or debris
shall be to have same removed no later than 8:00 p.m. of each day.
Any person, partnership, firm, association or corporation violating
any of the provisions of this chapter shall, upon conviction thereof,
be punished by a fine of not more than $2,000 or imprisonment in the
Bergen County Jail for a period of not more than 90 days, or both
such fine and imprisonment, in the discretion of the Court.