[HISTORY: Adopted by the Township Committee
of the Township of Union 6-24-1952 by Ord. No. 1401 (Ch. 298 of the 2004
Code). Amendments noted where applicable.]
[Amended 5-24-1960 by Ord. No. 1922; 11-25-1975 by Ord. No.
3037A]
A. No person, firm
or corporation shall engage in the sale of gasoline or in the sale
of oil or motor oil without a license first had and obtained from
the Township Committee.
B. It shall be unlawful
for any person, firm or corporation to install or erect upon his,
her or its property any tank for the storage of gasoline or oil for
the personal use and accommodation of such person, firm or corporation
without first receiving a license from the Township Committee. Such
license shall be effective for a period of one year commencing the
first day of January of each year. The annual license fee for each
such license so issued shall be the sum of $125; provided, however,
that in the event the license is issued subsequent to July 1, the
fee therefor shall be $60.
[Added 11-25-1975 by Ord. No. 3038;
amended 12-13-1988 by No. 3997; 9-10-2002 by Ord. No. 4745]
[Amended 10-22-1996 by Ord. No. 4477]
No person, firm or corporation shall install
or erect upon his, her or its premises, or upon any public street
or sidewalk or elsewhere in the Township of Union, any gasoline, diesel
fuel or oil dispenser or tank for the storage or sale of gasoline,
diesel fuel or oil without first obtaining a license so to do as hereinafter
set forth.
[Amended 10-22-1996 by Ord. No. 4477]
Applications for a license for the sale or storage
of gasoline, diesel fuel or oil shall be made to the Township Clerk,
in triplicate, upon forms supplied by the Township Clerk, signed by
the applicant, setting forth in detail the location at which the same
are to be sold or stored and containing on said application the written
consent of the owner of the premises, if the said premises is not
owned by the applicant, and setting forth other data that may be material,
and each such application shall be accompanied by detailed plans,
including a plot plan of any dispenser or structure proposed to be
used in the sale or storage of gasoline, diesel fuel or oil or in
the operation of said station. A copy of said application shall be
submitted, together with the said plans to the Construction Code Official,
the Chief of the Fire Department and the Plumbing Inspector, who shall
certify, in writing, to the Township Clerk that the application and
plans are in conformity with all municipal regulations within the
scope of their supervision.
[Amended 5-24-1960 by Ord. No. 1922; 11-25-1975 by Ord. No.
3037A]
A. A minimum annual
fee of $125 shall be paid for each license issued under this chapter
for the sale of gasoline and/or oil, provided that if the license
is intended to apply to more than six dispensers, then an additional
annual fee of $15 shall be paid for every dispenser in excess of six
dispensers, provided that, when a license is issued after the first
day of July in any year, the fee shall be $60, plus the additional
fee of $7 for every dispenser in excess of six dispensers.
[Amended 12-14-1993 by Ord. No. 4282; 10-22-1996 by Ord. No.
4477; 9-10-2002 by Ord. No. 4745]
B. Each such license
shall expire on the 31st day of December of the year of issue.
[Amended 11-25-1975 by Ord. No. 3037A]
Any license issued under the provisions of this
chapter may be transferred upon payment of a transfer fee of $5.
A license for the sale of gasoline, diesel fuel
or oil issued under the provisions of this chapter shall become void
and of no effect unless, within 90 days from the date of granting
thereof, the station from which said sales are to be conducted shall
be actually in lawful operation and in conformity with the ordinances
and regulations of the Township affecting such station.
[Amended 10-22-1996 by Ord. No. 4477]
No gasoline, diesel fuel or oil dispenser or
structure for the sale or storage of gasoline, diesel fuel or oil
to be used, or usable, in connection with automobiles or other motor
vehicles shall be located nearer than 15 feet to any street line.
No permit shall be issued or granted for the
erection or enlargement of a public automobile garage or commercial
garage, or for a motor vehicle service station, or for the conversion
to any such use of any premises not theretofore used for such purpose
or purposes, if any part of the premises intended or used for the
location of such proposed public automobile garage or commercial garage
or of such proposed motor vehicle service station is within a distance
of 200 feet from any of the following buildings:
B. A duly organized
school giving regular instructions at least five days per week for
at least eight months or more a year.
E. A theater or opera
house or other building used or intended to be used for theatrical
or operatic purposes or for public entertainment.
A "commercial garage," as defined by and coming
within the purview of this chapter, shall be considered any place
intended or used for the storage of one or more business automobiles
or commercial trucks or other self-propelled commercial vehicles owned
and used by a person, firm or corporation and operated or intended
to be operated for business or commercial purposes; provided, however,
that a private garage located on premises of a private dwelling or
on premises of a multifamily dwelling and used incidentally, but not
chiefly, for the storage of a business automobile or commercial truck
or other self-propelled commercial vehicle shall not be construed
to be a commercial garage.
A "public automobile garage," as defined by
and coming within the purview of this chapter, shall be considered
any place intended or used for the general public storage of one or
more automobiles or parts of automobiles or other self-propelled vehicles,
not, however, including motorcycles, whether such storage is in connection
with purposes of manufacture, repair, exhibition, demonstration, sale,
rental, hire, painting, adjustment or equipment or any other purpose.
[Amended 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction, be subject
to one or more of the following: imprisonment in the county jail or
in any other place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days or by a fine not exceeding
$2,000 or by a period of community service not exceeding 90 days.