[HISTORY: Adopted by the Merchantville Borough Council 6-13-1921. Amendments noted where applicable.]
No person shall construct, operate or maintain a public garage or public motor vehicle storage building in the Borough of Merchantville or alter or change any other building for such purposes, except subject to the provisions of this chapter.
Any person desiring to construct or operate any such public garage or building or to alter or change any other than an existing building into a public garage shall first make application, in writing, to the Building Inspector for a permit for such operation or construction specifying the floor space to be therein devoted to or used for the purpose of motor vehicle storage.
No such public garage or building shall hereafter be constructed, maintained or operated, or any other building altered or changed for such purposes, with any entrance thereto on any street in any purely residential district, square or section of said borough; provided, however, that the Building Inspector, on the approval of the Borough Council, may issue such permit in any such district, square or section where the majority of the owners, measured according to the linear feet of the property fronting on both sides of any such district, square or section, shall petition in writing for the issuance of any such permit, or any such garage already licensed may be permitted to have such entrance in addition to its then-existing entrance by special permit from said Council.
No person, firm or corporation shall operate or maintain such a public garage or building in the Borough of Merchantville without first obtaining a license for that purpose as hereinafter mentioned.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC GARAGE or PUBLIC VEHICLE STORAGE BUILDINGS
- Any garage, place or building in which any automobile or other motor vehicle is stored for hire or reward and which is held out to the public and operated as a public garage, or which garage, place or building or any part of the land connected therewith is let, rented or leased in whole or in part for such storage for hire; or any garage, place or building used as an automobile repair shop, or in, on or about which automobiles or motor vehicles are stored, put or placed for the purpose of repairing, altering or changing the same for hire or reward.
- RESIDENTIAL DISTRICT, SQUARE OR SECTION
- Any street between the two nearest intersecting cross streets where the majority of real-estate improvements, measured according to linear feet frontage on either side thereof, shall consist of buildings used as residences.
No license for the purpose mentioned in the preceding section shall be issued until the Borough Council, upon the report of the Building Inspector, shall be satisfied by a due and proper proof that the building in which it is proposed to conduct the said public garage or the business of storing or repairing motor vehicles has been properly constructed and safeguarded against fire and other dangerous elements.
Hereafter no building shall be constructed to be used for the storage of automobiles as a public garage, as herein defined, unless the floor, walls and roof framing thereof shall be constructed of fireproof material.
The use or maintenance of any open lights or fires within any such public garage shall be prohibited.
Smoking shall be prohibited in any such public garage, and signs to that effect shall be prominently displayed.
At least one approved two-and-one-half-gallon chemical extinguisher shall be provided for each 2,500 square feet of floor space.
No gasoline shall be kept, used or stored in any such public garage, except that contained in automobile reservoirs. Gasoline supply shall be contained in a tank buried below the level of the lowest floor with approved pump discharging to the outside of the building.
Upon being satisfied that the applicant for the operation of any such public garage has complied with all the provisions of this chapter and is otherwise entitled to a license hereunder, the Clerk, upon the order of the Borough Council and upon the payment of the required license fees, is hereby authorized and empowered to issue the license to any corporation, firm or person applying therefor. The annual fees to be paid for such license shall be according to the capacity of said public garage or building, as follows: at the rate of $1.00 for each car stored or capable of being stored in any such buildings up to the limit of five machines, the floor space capacity hereunder to be computed at the rate of 200 square feet for each car, provided that the minimum license hereunder for any public garage shall be $1.00 per year. Any public garage having more than 1,000 square feet of floor space intended to be devoted to the purpose of such public garage shall pay an additional license fee at the rate of $0.50 for every additional 200 square feet therein used or intended to be used as a public garage or for motor vehicle storage purposes, provided that the maximum license fee hereunder for any public garage shall be $15.00 per year and provided also that where a number of individual public garages are constructed in separate stalls or sections under one roof or adjoining each other for the storage in each stall or section thereof of one car or motor vehicle, the annual license fee to be paid hereunder for each stall or section shall be the sum of $1.00.
It shall be unlawful to erect or maintain on any of the public streets or sidewalks in the Borough of Merchantville any gasoline storage tank, pump, pipes or other appliances for the sale of gasoline without first obtaining a license therefor as herein provided. Such license shall be issued by the Clerk when directed by the Borough Council when in the judgment of the Council the issuance thereof is for the public good. The license fee therefor shall be $2.00 per annum.
Every license issued hereunder shall expire on the 31st day of December next after the same shall be issued and shall be renewed annually, and for any license taken out between the first day of January in one year and the first day of January in the next year, the applicant shall only be required to pay for the proportional part of the year for which it is issued; provided, however, that the minimum license fee hereunder shall be $1.00 for any one year or part of any one year for each public garage or each gasoline selling station, as aforesaid.
The keeping open of such garage for business or the advertising of such garage whether by printed advertisement, public signs or otherwise shall be deemed to be the operation and maintenance of a public garage within the meaning of this chapter.
All ordinances or parts of ordinances inconsistent herewith, to the extent of such inconsistency only, are hereby repealed.
This chapter shall take effect immediately.