[HISTORY: Adopted by the Board of Commissioners (now Municipal
Council) of the Borough of Hawthorne as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-28-1937 by Ord. No. 786 (Ch. 213, Art. I, of the
1989 Code)]
No person or persons, firm or corporation shall engage in the
business of, storage of or buying and selling of secondhand automobiles
or parts thereof in the Borough of Hawthorne without first obtaining
a license so to do.
[Amended 5-15-1957 by Ord. No. 990; 8-3-1977 by Ord. No. 1297]
As used in this article, the following terms shall have the
meanings indicated:
Any used-car lot dealer or prospective used-car lot dealer
seeking a license to engage in the business of operating a used-car
lot.
Any premises wherein and upon which the business of storing,
dismantling, displaying, buying, selling or otherwise dealing in secondhand
automobiles or other used motor vehicles and trailers or parts thereof
is conducted, except that this article and the within definition shall
not apply to or be deemed to include secondhand motorcycles when such
business is conducted as an accessory use to a new motorcycle dealership.
Any person, firm, partnership, corporation or other business
association engaged in the business of operating a used-car lot.
Any premises wherein used-car sales are conducted, as defined herein, where all such sales are made on a wholesale basis, to other used-car dealers, and no such sales are made to retail customers. For purposes of this article, a wholesale used-car dealer shall be subject to the same terms and conditions as a retail used-car dealer, including the payment of licensing fees pursuant to Chapter 220, Fees, but shall be prohibited from engaging in used motor vehicle sales except to wholesale customers who are also used-car dealers.
[Added 12-2-2009 by Ord. No. 2000-09]
The make, model, engine number and serial number of all motor
vehicles received by any person or persons, firm or corporation engaged
in the business of used-car lot dealer shall be reported within 24
hours after the receipt thereof and before the same are dismantled
or otherwise disposed of to the Chief of Police of the Borough of
Hawthorne.
A.
It shall not be lawful for any used-car lot dealer to permit any
vehicle received on any premises in the Borough of Hawthorne to be
or remain in the open in such a manner that rainwater shall collect
and remain on or in any of the parts thereof for a longer period than
24 hours.
B.
All parts of any motor vehicles so designed as to collect and hold
rainwater if left exposed in the open shall be housed in a watertight
building with a foundation and floor so constructed of concrete, brick
or other suitable material so as to prevent the harboring therein
of any cats, dogs, rats, mice or vermin.
It shall not be lawful to stack, pile or place parts of motor
vehicles upon said premises in such manner as to create a fire hazard
or to create a place for the harboring or breeding of cats, dogs,
rats, mice or vermin.
It shall not be lawful to stack, pile or place any part or parts
of said motor vehicles within 20 feet of the curbline of the street
adjacent to or in front of said premises, and all parts of motor vehicles
shall be so piled, stacked or placed on said premises as to prevent
injury to persons lawfully passing along the sidewalk in front of
said premises.
[Amended 8-28-1940 by Ord. No. 831; 12-20-1989 by Ord. No. 1510]
Every person, firm, partnership or corporation engaged in the business of used-car lot dealer shall pay a license fee as set forth in Chapter 220, Fees, and such license shall be valid for one year from the date of issuance, except that the initial license fee for the first year in which such business is established shall be as set forth in Chapter 220, Fees. Said fees shall be imposed for revenue.
A.
All persons, firms or corporations now engaged in or hereafter to
be engaged in the business of used-car lot dealer shall, from and
after the effective date of this article, make application to the
Borough Clerk, who is hereby designated as the licensing officer for
the purpose of this article. Said application shall be in writing
and shall set forth the name of the person or persons, firm or corporation
and their respective addresses and principal place of business and
shall describe the premises upon which said business is to be conducted,
giving the street frontage and approximate depth of said premises,
and said application shall be accompanied by the license fee hereinabove
provided, and the Borough Clerk is hereby directed to present said
application to the Municipal Council of the Borough of Hawthorne at
their next regular meeting and is hereby authorized to issue a license
to such person or persons, firm or corporation after it has been approved
by the Municipal Council of the Borough of Hawthorne upon recommendation
by the Commissioner of Public Safety. All persons, firms or corporations,
upon the expiration of any license granted hereunder, shall make application
to the Borough Clerk for a license to conduct said business for the
ensuing year and shall pay for said license the same fee as hereinabove
set forth.
B.
Attached to such application shall be plans and specifications showing
in detail the following:
[Added 5-15-1957 by Ord. No. 990]
(1)
The location and size of the property upon which the proposed new
used-car lot is to be established.
(2)
The material with which such proposed new used-car lot is to be paved
and the depth of such pavement.
(3)
The drainage system to be installed in connection with said proposed
new used-car lot and its relation to any sewer system, storm sewer
or storm drain.
(4)
The location and a complete description of the fence to be erected
on said proposed new used-car lot, including the kind of material
to be used in building the same and the setback distances of the fence
from the curbline of the street or highway upon which such new used-car
lot is to front and from the boundary lines of adjacent properties
and the sidewalk of any other street or highway, if any, on which
said new used-car lot is located.
(5)
The location and size of the gateway in connection with the fenced-in
area.
(6)
The location and size of the building to be erected on said proposed
new used-car lot, the type of materials to be used in its construction
and its drainage and ventilating system.
(7)
A statement of any criminal convictions of the applicant, including
a statement of any indictments, presentments or complaints against
the applicant which did not lead to conviction.
(8)
A statement of any judgments against the applicant, including a statement
of any proceeding as to insolvency, receivership or bankruptcy involving
the applicant.
The Health Officer designated by the Board of Health of the
Borough of Hawthorne and the Chief of Police and police officers of
said Borough are hereby authorized and directed during reasonable
business hours to make reasonable periodic inspections of all said
premises and buildings for the purpose of ascertaining that said business
is being conducted upon the licensed premises in accordance with the
provisions hereof.
[Amended 5-15-1957 by Ord. No. 990]
A.
Every new used-car lot established from and after the effective date
of this article shall have a property line frontage of not less than
100 feet and a depth of not less than 150 feet.
[Amended 1-6-1958 by Ord. No. 996]
B.
Such new used-car lot shall be paved with concrete, bituminous penetration
macadam pavement or other equivalent materials, all of good quality.
The laying of such pavement and all work performed in connection therewith
shall be done in accordance with generally accepted engineering practices.
Such pavement shall thereafter be maintained in a good state of repair.
C.
There shall be installed in connection with said new used-car lot
an adequate drainage system to drain away, quickly and at all times,
all surface waters, so that no pools of water may form, at any time,
on said new used-car lot or any water flow from said new used-car
lot onto the street or sidewalk or on any adjoining land. The installation
of such drainage system and all work performed in connection therewith
shall be done in accordance with generally accepted engineering practices.
Such drainage system shall not be installed in such a way as to interfere
with, prevent or affect, in any manner, the proper maintenance or
adequate functioning of any sewer system, storm sewer or storm drain
of the Borough or diminish its effectiveness.
D.
A four-foot high fence shall be erected within 20 days after a license
is granted and thereafter shall be maintained in a good state of repair
on said new used-car lot, which fence shall be set back a distance
of at least 35 feet from the curbline of the street or highway upon
which said new used-car lot fronts, and the sides and rear of said
fence shall be set back a distance of at least 15 feet from the boundary
lines of adjacent properties and from the sidewalk of any other street
or highway, if any, on which said new used-car lot is located. Said
fence shall be erected of noncorroding material, strong enough to
withstand the impact of any runaway motor vehicle or any motor vehicle
that may get out of control. All ingress and egress to and from the
fenced-in area of said new used-car lot shall be by way of a gateway
not more than 20 feet in width, which shall be located fronting the
street or highway upon which said new used-car lot fronts, to ensure
traffic safety.
[Amended 1-6-1958 by Ord. No. 996]
E.
No secondhand automobile or other used motor vehicle or trailer or
parts thereof shall be stacked, stored, dismantled or displayed on
said new used-car lot except within the aforesaid fenced-in area.
No parts of any automobile or other motor vehicle or trailer shall
be stacked or stored in the open on said new used-car lot, but all
parts of any automobile or other motor vehicle or trailer shall be
stacked or stored in a building in such fenced-in area. All automobiles
or other motor vehicles and trailers which, because of their make
or condition, will collect and hold rainwater shall be stored, dismantled
and displayed in such building and shall not be allowed to remain
in the open.
F.
Said building mentioned in Subsection E above shall be erected watertight and be fireproof, with the foundation and flooring thereof constructed of concrete or other equivalent materials so as to prevent the harboring therein of any animal life, rodents, vermin or insects. The floor of such building shall have proper and efficient drainage facilities and any waste material, such as gasoline, oil and grease, but not limited thereto, shall be removed from the floor not later than the closing time of such new used-car lot for the day so as to eliminate the danger of fire. Such building shall provide for adequate ventilation to prevent the accumulation of noxious or poisonous gases or fumes in such quantity as to be dangerous to occupants and users of such building and to prevent the outbreak of fire or explosion from spontaneous combustion.
[Amended 5-15-1957 by Ord. No. 990]
Nothing in this article shall be interpreted or construed to
waive or permit any deviation from the higher requirements of any
other law or ordinance which is or may be applicable with particular
reference to any other law or ordinance governing sanitation and ventilation.
[Amended 5-15-1957 by Ord. No. 990]
No used-car lot or used-car lot dealer license shall be issued
or be renewed to any person who is not of good moral character, nor
shall such license be issued or renewed to any firm, partnership,
corporation or other business association in which a principal person
in interest therein is not of good moral character. Conviction of
a crime involving moral turpitude or of an attempt to commit a crime
or any act involving criminal negligence shall be deemed conclusive
evidence that the applicant is not of good moral character if the
said criminal act took place within 10 years prior to the date of
application for a license.
[Amended 5-15-1957 by Ord. No. 990]
Any license may be revoked by the Municipal Council of the Borough
of Hawthorne upon reasonable and sufficient cause being shown, but
no license may be revoked until the licensee is given reasonable notice
of the action to be taken against such licensee and a hearing on the
action is granted.
Any application for a license may be declined or refused and
any license may be revoked for sufficient cause appearing to the Municipal
Council of the Borough of Hawthorne so to do. No license may be revoked
until such licensee shall be afforded a hearing, with reasonable notice,
before the Municipal Council of the Borough of Hawthorne.
[Amended 12-20-1989 by Ord. No. 1510; 6-6-2007 by Ord. No. 1902-07]
Any person or persons, firm or corporation violating any of
the provisions of this article shall pay, on conviction thereof, a
fine not to exceed $2,000 or imprisonment for a term not to exceed
90 days or a requirement to perform community service for a period
not to exceed 90 days.
[Adopted 8-3-1977 by Ord. No. 1298 (Ch. 213, Art. II, of
the 1989 Code)]
No person, firm, partnership, corporation or other business association shall conduct, operate or engage in the business of storing, dismantling, displaying, buying, selling or otherwise dealing in secondhand motorcycles as an accessory use to a new motorcycle dealership which is not subject to the regulations and licensing provisions of Chapter 516, Article I, Automobile Dealerships, as amended and supplemented, without first having secured a license therefor from the Borough Clerk and having paid the required license fee.
All applications for licenses hereunder shall be made in writing to the Borough Clerk, who is hereby designated as the licensing officer for the purpose of this article, and shall be accompanied by a license fee as set forth in Chapter 220, Fees, upon initial application and upon each annual renewal thereafter. Said application shall set forth the name and address of the applicant, who shall be the person, firm, partnership, corporation or other business association who is or will actually conduct such business, and in the case of applicants other than persons, shall include the names and addresses of all persons owning or holding a beneficial interest in the applicant of 10% or more. Said application shall further include:
A.
The lot and block number as shown on the current Tax Assessment Map
of the Borough and the street address of the premises upon which the
business is to be conducted.
B.
The name and address of the owner of the premises, if different than
the applicant.
C.
A statement of any criminal convictions of the applicant, including
all named persons having a beneficial interest in applicant of 10%
or more.
D.
A statement of any judgments against the applicant, including a statement
of any proceeding as to insolvency, receivership or bankruptcy involving
the applicant.
A.
Upon receipt of an application for a license hereunder, the Borough
Clerk shall refer said application to the Municipal Council for review
and approval or disapproval, and the Municipal Council shall consider
the following matters:
(1)
No license shall be issued or renewed to any applicant who is not
of good moral character or in which a principal person in interest
therein is not of good moral character.
(2)
Conviction of a crime involving moral turpitude or of an attempt
to commit such a crime or any felony or offense involving criminal
negligence or fraud shall be deemed conclusive evidence that the applicant
is not of good moral character if the said criminal act took place
within 10 years prior to the date of application for a license.
B.
Upon completion of the review of the application, the Municipal Council
shall approve or disapprove the same, but, upon disapproval, the applicant
shall be notified, in writing, of the reasons for such disapproval.
Upon approval of the application, the Borough Clerk shall issue the
license, which shall remain in force and effect until December 31
of the year for which the same is issued or renewed. Renewal applications
shall be processed in the same manner as initial applications.
Any license issued or renewed hereunder may be suspended or
revoked by the Municipal Council upon reasonable and sufficient cause
being shown, but no license may be revoked until the licensee is given
reasonable notice of the action to be taken against such licensee
and a hearing is conducted at which the licensee shall be entitled
to appear and be heard.
