[HISTORY: Adopted by the City Council of the City of Orange 11-5-69 by Ord. No. 129-69.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 40 of the former Code of the City of Orange, 1969, adopted 11-5-69 by Ord. No. 129-69.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
NEW AUTOMOBILE DEALER
A person who is engaged in the sale of new automobiles and who holds a franchise for the sale of new automobiles. The licensing provisions of this chapter shall not apply to "new automobile dealers."
USED CAR LOT
Any indoor or outdoor space used or occupied for the business of selling, buying or dealing in used motor vehicles.
USED MOTOR VEHICLE OR SECONDHAND MOTOR VEHICLE
Any automobile or motor vehicle that has been previously sold or used.
USED MOTOR VEHICLE DEALER
A person engaged in the business of selling, buying or dealing in used motor vehicles.
No person shall deal in, conduct or engage in the business of the sale, purchase or exchange of secondhand or used motor vehicles without first having obtained a license in the manner set forth in this chapter.
[Amended 5-18-1982 by Ord. No. 16-82]
Every applicant for a license under this chapter shall file with the Director of the Finance Department a verified written application on a form supplied by the Finance Department, containing the following information:
A. 
The applicant's name, place of residence and business address during the preceding five (5) years; if the applicant is a corporation, the names, residences and business addresses of the directors, officers and registered agents during the preceding five (5) years; if the applicant is a firm, the names, residences and business addresses of each member thereof during the preceding five (5) years.
B. 
The business address of the manager or the person in charge of the licensed premises during the five-year period preceding the date of application.
C. 
A statement as to whether or not the applicant has been convicted of a crime and, if so, when, what offense and in what court. If the applicant is a firm or corporation, the application shall state whether any corporate officers or members of the firm or the manager thereof have been convicted of a crime, and, if so, the applicant shall state the name of the convicted person, when he was so convicted, the nature of the offense and the name of the court in which he was convicted.
D. 
A description by metes and bounds of the place where the business is to be located and carried on.
E. 
A survey of the plot showing structures and open areas to be used, approved and existing or proposed entrances to and from the place where the business is to be conducted and street setback line of any buildings thereon.
F. 
If the applicant is not the owner of the site whereon the business is to be conducted, the owner's consent to the conduct of such business shall be endorsed on the application.
G. 
A statement from the Planning Board, certifying the approval of a location of the proposed used car business and certifying the approval of the proposed plot plan.
H. 
A statement from the Building Inspections and Code Enforcement Department certifying that the proposed use will be in accordance with the zoning regulations of the city.[1]
[1]
Editor's Note: See Ch. 210, Zoning and Land Development.
[Amended 5-18-1982 by Ord. No. 16-82]
The Director of the Finance Department shall issue a license under this chapter to the applicant if the applicant has complied with all the provisions of this chapter and of the other ordinances of the city that are pertinent thereto, and if the licensing fee therefor is paid to the Finance Department. The City Council may, at any time, judge whether such issuance of the license is in the best interests of the city.
[Amended 5-18-1982 by Ord. No. 16-82]
The license fee under this chapter is as provided in Chapter 88, Fees.
Every license issued pursuant to this chapter shall remain in force from the date of its issuance to the last day of December of the year in which it was issued. The license shall apply only to the person to whom granted and shall not be transferable.
No open lot on property maintained by a licensee under this chapter shall be used after sundown, unless it is illuminated with electric lights installed and arranged in such a manner as to deflect the light from the public highway. No unshaded string of lights shall be permitted.
Every used car lot shall have an adequate drain system to drain away the surface waters so that no pools of water may form at any time on such lot, and so that no water will flow from such used car lot to the streets or sidewalks or to adjoining lands.
No parts of any automobile or other motor vehicle or trailer shall be placed or stacked or stored in the open in any used car lot, but all parts of any automobile or other motor vehicle or trailer shall be stored in a building on the premises. All automobiles or other motor vehicles and trailers which, because of their make or condition, will collect and hold rainwater shall be stored and displayed in a covered area or building and shall not be allowed to remain in the open.
All used car lots shall be enclosed by a fence not less than two (2) feet in height. This section shall not apply where the provisions of the zoning regulations require a higher fence or shield.[1]
[1]
Editor's Note: See Ch. 210, Zoning and Land Development.
Every licensee under this chapter shall provide and keep a book on the premises in which there shall be kept a record of the purchase or trade of each automobile or other motor vehicle, along with a description of the vehicle so purchased, the name and residence of the person from whom or with whom such purchase or trade was made and the date thereof. This book shall be opened to inspection by the Chief of Police or any representative of the Chief of Police.
All of the sections of this chapter, except those relating to licensing of dealers, shall apply new automobile dealers where such new automobile dealer is engaged in any way in the selling or trading of used cars.
[Added 5-18-1982 by Ord. No. 16-82]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment for a period not exceeding ninety (90) days, or both.