[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:
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."
Any indoor or outdoor space used or occupied for the business
of selling, buying or dealing in used motor vehicles.
Any automobile or motor vehicle that has been previously
sold or used.
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.
[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.
Any person to whom a license is issued pursuant to this chapter
shall keep such license posted in a conspicuous place within the licensed
premises.
No used car dealer shall operate or carry on his business between
the hours of 10:00 p.m. and 8:00 a.m. the following day.
No motor vehicle or other object shall be exhibited, stored,
parked, kept or located on any street or sidewalk, or part thereof.
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]
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.
