[HISTORY: Adopted by the City Council of the City of Passaic 9-7-2010 by Ord. No. 1840-10. Amendments noted where applicable.]
N.J.A.C. 13:45A-26C et seq. pertaining to regulation of automotive repair shops, which statutes and regulations are attached hereto and made a part hereof, are applicable within the City of Passaic, subject to the limitations, qualifications and expansion set forth in this article.
Any law enforcement agency or its personnel and any administrative department in the City of Passaic may enforce this article.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- AUTOMOTIVE REPAIR FACILITY
- Any location which, for compensation, engages in the business of performing or employing persons who perform maintenance, diagnosis or repair services on a motor vehicle or the replacement of parts other than body parts, but excluding those persons who engage in the business of repairing motor vehicles of commercial or industrial establishments or government agencies, under contract or otherwise, but only with respect to such accounts.
- MAINTENANCE, DIAGNOSIS OR REPAIR SERVICES ON A MOTOR VEHICLE
- All maintenance, diagnosis and repair of motor vehicles performed by an automotive repair dealer, excluding any person or business whose activities consist solely of fueling, installing windshield wiper blades, or such other minor repair or servicing function as deemed by the Administrator Officer.
The procedure for licensing and regulation, as well as the penalties for noncompliance with this article, are applicable in the City of Passaic, subject to the following provisions:
All licenses issued hereunder shall be the property of the City of Passaic, and upon any suspension, revocation, refusal to renew or other termination of the license, such license shall no longer be in force and effect, and the person having possession or custody of the license shall forthwith deliver the same to the City Clerk of the City of Passaic either by personal delivery or by certified mail.
The penalty in any case in which the City of Passaic has the power to revoke, refuse to renew or suspend the license of any auto body repair facility shall be as set forth in § 1-3, the general penalty provision, of the Code of the City of Passaic for the owner of the facility or one who has a controlling interest in such facility.
In addition to any recordkeeping requirements set forth in the pertinent sections of the Administrative Code made a part hereof, each holder of a license and each automotive repair facility shall maintain the following records: the names, addresses, dates of birth and social security numbers of all owners, persons who have a controlling interest in the facility and employees of the facility.
All such records shall be updated as soon as any of the information kept or required to be kept herein changes.
Upon demand by any official of the City of Passaic, including but not limited to any law enforcement agency or personnel thereof, such information set forth in § 90-2D shall be made available to such official(s) of the City of Passaic. If any employee or licensee or person having a controlling interest fails to comply with this subsection of the article, such failure shall be deemed cause to suspend or revoke a license hereunder or to refuse to issue or to issue a renewal thereof and shall subject the owner of such facility and all persons with a controlling interest therein to the penalty section for such violation, which section is § 90-2C.
Each licensee or owner and all persons with a controlling interest in such automotive repair facility shall be deemed to have consented to permit any official of the City of Passaic, after the furnishing of proper identification, to inspect all records required to be maintained herein and to inspect all areas of the facility, whether or not open to the public. All such inspections shall be conducted at reasonable times during business hours, except in an emergency.
The applicant shall submit a copy of a valid certificate of occupancy for the premises with the completed application for a new or renewal license and/or permit.
All licenses issued hereunder shall be subject to the following hours of operation: 7:00 a.m. through 6:00 p.m., Monday to Friday; 7:00 a.m. through 6:00 p.m., weekends. Licensee shall be permitted to receive and release vehicles until 8:00 p.m., except for commercial tow trucks, which may drop off vehicles at any time in case of accident or emergency, but no automotive repair work shall be performed on any vehicle after 6:00 p.m. Licensee shall comply with all applicable portions of Chapter 193, Noise, during hours of operation.
All licenses issued hereunder shall be placed in a conspicuous place on the licensed premises so that they are easily accessible to the public.
All licenses issued hereunder shall run from October 1 of the calendar year of issuance and shall expire on September 30 of the succeeding calendar year.
In the event that an official of the City of Passaic shall determine that any automotive repair facility defined in this chapter has not obtained a license for the current period of licensure from the City of Passaic, the Police Department is hereby empowered to close down such operation. No such closure shall occur prior to a hearing being held before an Administrative Board, to consist of three persons: the City Clerk; one head of a department, to be designated by the Business Administrator; and the Business Administrator. Prior to such hearing, the affected person(s) and/or firms shall receive notice of said hearing and shall have an opportunity to present a defense. The penalty herein shall be in addition to any penalty which may be otherwise imposed under this article.