This chapter is deemed necessary and proper for the protection
of persons and property, for the preservation of the public safety
of the municipality and to reduce traffic congestion and hazards in
the public streets and along the county and state highways in the
City.
It shall be unlawful for any person to use any land, building
or premises to engage in the business of performing maintenance, diagnosis
or repair services on a motor vehicle or the replacement of parts,
or the repair, removal or installation of integral component parts
of an engine, power train, chassis or body of an automobile without
first obtaining a license therefor from the City. A license shall
be required whenever more than one motor vehicle is stored for repair
on any such land, building or premises. A separate license shall be
required for each separate place or location of business.
The procedure for licensing and regulation, as well as the penalties
for noncompliance with this article, as set forth in N.J.S.A. 39:13-1
through 39:13-8 and N.J.A.C. 13:21-21.1 et seq., are applicable in
the City of Garfield, subject to the following provisions:
A. Wherever the term "Commissioner" or "Commissioner of Motor Vehicles"
appears in the foregoing regulations such provisions shall refer to
the City Clerk of the City of Garfield.
B. The fees for licenses set forth in N.J.A.C. 11:14-2.2(b)[1] shall not mean that auto body repair facilities in the
City of Garfield must pay said fees to the City of Garfield. Instead,
such facilities shall pay the following fees to the City Clerk of
the City of Garfield at the time of initial application for a license
and at the time of the renewal thereof:
(1) Initial application fee: $100.
(2) Renewal application fee: $25.
C. An additional fee will be charged for any licensed business having
more than one location, which location is not adjoining or contiguous
thereof.
D. All licenses shall run for a period of one year commencing January
1 and ending December 31 of the year of its issuance.
E. All existing licenses and those issued hereafter may, upon payment
of the prescribed license fee and compliance with the terms of this
chapter, be renewed annually. Renewals of an expiring license shall
be made upon payment of the annual fee and the filing of a short-form
application, supplied by the City Clerk, stating that no changes have
been made in any of the facts or information stated in the original
application or to the licensed premises during the preceding license
period.
F. The license shall authorize the licensee to conduct business only
on the premises specified in the license. Without the consent of the
Council, the license shall not be transferable to any other premises
nor assignable or transferable in any manner or to any other person.
G. All licenses under this chapter shall at all times be subject to
such reasonable rules as may be made from time to time by the Council
for the proper operation and regulation of the places of business
named in such licenses.
No motor vehicle awaiting repair shall be exhibited, stored,
parked or located on the licensed premises within 50 feet of any building
occupied solely for residence purposes nor 200 feet of a school, church
or other place of assembly.
The licensee shall not place any vehicle on the sidewalk, street
or the front yard between the street and the setback line applicable
thereto. The licensee shall not use or permit the use of the sidewalk,
street or front yard areas aforesaid for the storage, display or repair
of motor vehicles or for the parking of any other vehicles on any
of said areas.
No business licensed under this section shall be open to the
public between the hours of 8:00 p.m. and 7:00 a.m. the following
day.
Every business licensed for vehicle sales shall at all times
comply with the requirements of this chapter and with all authorities
having jurisdiction in the licensed premises. Any violation of the
terms of this chapter or any nuisances or hazard to health or safety
which may exist or develop in or in consequence of or in connection
with any such premises shall forthwith be abated and removed by the
licensee upon receipt of a notice to that effect from the Construction
Official, Police Department or other authority having jurisdiction
in the licensed premises. The Construction Official's office
and the Police Department shall be responsible for the enforcement
of this chapter.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by one or more of the following:
a fine not exceeding $2,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.