[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 30 of the 1994 Code of Ordinances. Amendments noted where applicable.]
No person shall exercise, carry on or be engaged in the business of secondhand automobile dealer or secondhand automobile parts dealer, or store or expose for sale used or new motor vehicles, within the Township, without first having obtained a license so to do in conformity with the provisions of this chapter.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- SECONDHAND AUTOMOBILE DEALER
- Any person engaged in or who shall engage in the business of buying and selling secondhand or used motor vehicles.
- SECONDHAND AUTOMOBILE PARTS DEALER
- Any person engaged in or who shall engage in the business of buying and selling secondhand or used parts for motor vehicles.
The fact that any person maintains and conducts or shall maintain and conduct an agency or subagency for any automobile manufacturer shall not exempt any such person from the provisions of this chapter if such person is engaged in or shall engage in the business of buying and selling secondhand or used motor vehicles, or secondhand or used parts for motor vehicles, or both of these businesses.
Every applicant for a license under this chapter shall, at least seven days prior to the making of an application to the Township Council, cause notice of the application and of the time when and the place where it will be made to the Council to be published at least once in a newspaper circulating in the Township, and shall also, at least seven days prior to the making of the application, cause notice thereof in writing to be given either personally or by registered mail to each owner of and to each tenant or person in possession of real property situate within 500 feet of the land upon which the business is proposed to be conducted. If the residence or address of any owner, tenant or person in possession shall be unknown, the notice shall be sent by registered mail addressed to the last known address of the person appearing upon the tax records of the Township. The notice shall be given or mailed, in the case of an infant or incompetent, to the guardian of the person; and when the title to any real property shall be held in trust, to the trustee; and when the title to any such real property shall be held by joint tenants, tenants in common or tenants by the entireties, to any one of the tenants.
Every applicant shall cause a copy of the notice, together with proof by affidavit of the publication and of the delivery or mailing thereof, to be filed with the Clerk at least two days prior to the making of the application.
In the event of an application for a license under this chapter by a person maintaining and conducting a bona fide agency or subagency for any automobile manufacturer, when the applicant has been an established dealer or agent within the Township for a period of five or more years, the Township Council may waive the notice provisions of § 119-3 if it determines that no valid public purpose would be served by the notices required by that section.
Every person who shall apply for the granting or renewal of a license to conduct the business of secondhand automobile dealer and secondhand automobile parts dealer and to store or expose for sale any used or new motor vehicles shall, if he maintains and conducts a bona fide agency or subagency for any automobile manufacturer, pay to the Clerk the sum set forth in Chapter 215, Fees, of the Township Code; and every person who shall apply for the granting or renewal of any license shall, if any such person shall not maintain and conduct a bona fide agency or subagency for any automobile manufacturer, pay to the Clerk the sum set forth in Chapter 215, Fees, of the Township Code.
Any person licensed under the provisions of this chapter shall, at all times during the term of the license, allow the Chief of Police or any member of the Police Division of the Township to enter the premises where the licensee is carrying on his business, for the purpose of inspecting the premises and inspecting the automobiles or automobile parts or license plates for the purpose of locating goods suspected of being or alleged to have been stolen or otherwise improperly disposed of.
No person licensed under the terms of this chapter shall keep his office or place of business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
Whenever the Chief of Police of the Township shall notify any licensee under this chapter not to sell or permit to be removed any automobile or automobile part purchased, the automobile or automobile part shall not be permitted to be removed, nor shall the automobile or automobile part be sold, until such time as may be determined by the Township Police Division, provided that such time shall in no case exceed the period of six months from the date of such notification.
Wherever two or more motor vehicles are stored on any such vacant lot or land for sale, whether adjacent to a duly established garage, service station or any other motor vehicle business or not, a license shall be required, and a separate license shall be required for each separate lot or parcel of ground upon which the business is conducted; provided, however, that, where several lots are contiguous to each other and the business is conducted on all of the lots, only one license shall be necessary.
No licensee under this chapter, or his agent, shall knowingly buy, sell, receive, dispose or 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.
No motor vehicle shall be placed by a licensee under this chapter on the sidewalk or any part thereof, nor shall the licensee use the street or any part thereof for the storage, display or sale of motor vehicles.
If the applicant for a license under this chapter is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall be endorsed on the application.
No licensee under this chapter shall purchase from or sell any automobile or automobile parts to any minors.