[HISTORY: Adopted by the Merchantville Borough Council 6-13-1921. Amendments noted where applicable.]
A.
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.
B.
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.
C.
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.
D.
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.
E.
PUBLIC GARAGE or PUBLIC VEHICLE STORAGE BUILDINGS
RESIDENTIAL DISTRICT, SQUARE OR SECTION
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
A.
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.
B.
The use or maintenance of any open lights or fires within any such
public garage shall be prohibited.
C.
Smoking shall be prohibited in any such public garage, and signs
to that effect shall be prominently displayed.
D.
At least one approved two-and-one-half-gallon chemical extinguisher
shall be provided for each 2,500 square feet of floor space.
E.
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.
[1]
Editor's Note: Former § 61-8, Violations and
penalties, was repealed 5-27-1997.
All ordinances or parts of ordinances inconsistent herewith,
to the extent of such inconsistency only, are hereby repealed.
This chapter shall take effect immediately.
