[HISTORY: Adopted by the Township Council of the Township of Springfield
12-14-1994 as § 5-3 of 1994 Code. Amendments noted where applicable.]
A.
Findings. The business of selling used automobiles, airplanes
or farm machinery may be carried on by unscrupulous or irresponsible persons
whose purpose is to defraud the public or who maintain their premises in a
dangerous or unsightly manner. In addition, such business may create traffic
hazards and encourages larceny where the business is conducted from open lots.
B.
Policy. It is declared to be the policy of the Township
to protect the public traveling in the Township, those members of the public
who deal with persons engaged in such businesses and the members of the community
whose property and health is deleteriously affected by the presence of such
businesses by licensing and regulating them and imposing a licensing fee to
raise such revenue as may be required to inspect such businesses and prosecute
violations of this chapter.
The words used in this chapter shall have the meaning set forth below,
unless a contrary meaning clearly appears from the context:
A person who, by contract of employment, lease, sublease, commission,
contract or otherwise, acts for or under the authority of the licensee for
the purpose of managing the licensed business.
A person, or a person’s agent or attorney, who applies for
a license under this chapter.
The person to whom and for whose benefit a license shall be issued.
One self-contained parcel of land definable by metes and bounds,
exclusive of that portion enclosed by a substantial permanent building, and
also exclusive of any portion of the parcel to which is put a use substantially
different from selling used automobiles, used airplanes or used farm machinery
in open lots.
An employee or agent responsible for day-to-day supervision of the
licensed premises.
Exhibiting, offering for sale or exchange, or storing or parking
for the purpose of selling or exchanging two or more automobiles, airplanes
or articles of farm machinery on open lots.
Automobiles, cars, trucks, tractors, farm machinery and airplanes
obtained other than by virtue of a franchise granted by the manufacturer thereof.
It shall be unlawful after June 30, 1965, for any person to conduct
the business of selling used automobiles, airplanes or farm machinery on open
lots, except as provided herein.
Persons engaging or about to engage in the business of selling used
automobiles, airplanes or farm machinery, for each of the premises at which
the business will be or is being conducted, shall apply to the construction
official, in writing, for a license, setting forth the following information:
A.
The names and addresses of each of the following shall
be included in the application, together with their occupations and places
of employment for the two years next preceding the date of the application,
if appropriate:
(1)
All owners of the business.
(2)
All officers of the corporation.
(3)
The registered agent of the corporation.
(4)
If the business is conducted as a trust, estate or receivership,
the names of the persons for whom the trustee, executor, administrator or
receiver, as the case may be, acts.
(5)
If the applicant is a firm or corporation, the name of
the firm or corporation, its principal place of business and the place of
incorporation.
(6)
The owner of the premises.
(7)
Persons holding under the owner of the premises by lease,
sublease or otherwise.
(8)
The mortgagee of the premises.
(9)
The mortgagee, conditional vendor, trustee or other security
creditor of the goods held for sale.
(10)
The applicant.
(11)
The agent of the applicant.
(12)
All responsible employees.
B.
The number and date of issue of a license from the Motor
Vehicle Division of the State of New Jersey Department of Public Safety to
conduct the business of selling used automobiles.
C.
Whether any of the persons listed above have ever been
convicted of a crime, other than a violation of traffic regulations, or been
denied the privilege of doing business in any state and, if so, the crimes
for which they were convicted and the grounds for such denial.
D.
An accurate scaled sketch of the premises for which a
license is desired, showing adjacent streets, block and lot numbers as shown
on the tax assessment map of the Township, location of buildings, fences,
customer parking area, signs and motor vehicle entrances and exits.
A.
Fee; initial application. The applicant shall pay, with his/her application, by certified check, the annual license fee, as set forth in Chapter 91, Fees, prorated from the first day of the month of application to December 31 of that year.
B.
Term; renewal; fee.
(1)
The licensing year shall be from January 1 to the next
December 31. The annual license fee for the next succeeding year shall become
due and payable on December 31. Prior to the 16th day of each December, the
Clerk of the Township shall, by mail, inform each licensee that his/her license
shall expire on December 31 and that on that date the annual fee shall become
due and payable. Within 10 days following December 31, the licensee shall
remit to the Township Clerk the annual fee, together with a certification
that all facts contained in the application for a license are and continue
to be true, or, if they are not true, then what amendments shall be made.
(2)
On any application for renewal, in addition to the regular license fee, the licensee shall pay a penalty as set forth in Chapter 91, Fees, for each month of part thereof that (s)he shall be tardy in perfecting his/her renewal application, and no license shall be granted until all such penalties have been paid.
A.
The construction official shall inspect the premises for compliance with the regulations set forth in § 52-10. The construction official shall report to the Township Council at its public meeting next following the date of application whether or not the premises comply with the regulations, and if not, (s)he shall describe the noncompliant features. At the same meeting the Township Council shall determine whether the character and business reputation of the person seeking a license is such as would impair his/her reliability in dealing with the public. Upon determination of the above facts, the Township Council may refuse to approve the application for cause shown, or may approve the application conditionally upon compliance within not less than 45 days nor more than 60 days with the regulations, or conditionally upon posting a bond not exceeding in value $2,000 by a corporate surety authorized to do business in this state, such bond to be conditioned upon conviction of the conditional licensee for a violation of this chapter, and also conditional upon judgment rendered against the conditional licensee in favor of any customer thereof for fraud, breach of contract or breach of warranty. If no cause appears, the Township Council shall approve the application.
A separate license shall be required for each place of business.
This chapter shall not be construed to include or regulate automobile
junkyards, junkyards, auction houses where used automobiles, airplanes or
farm machinery may be sold out-of-doors as an incident to an auction business
carried on in a building or buildings erected upon such premises, nor to garages,
airports or farm machinery dealers where automobiles, airplanes or farm machinery
may be sold out-of-doors as an incident to the principal business carried
on indoors. Any person conducting a public auction for the purpose of liquidating
a business or relocating or closing a residence shall not, for the purpose
of such sale, be deemed to be within the purview of this chapter.
Licenses granted hereunder may be transferred from person to person
or from place to place, or both, provided that:
A.
No transfer shall be made, except upon a written application therefor as in the case of an original or renewal application, accompanied by a fee as set forth in Chapter 91, Fees.
B.
The proposed transfer is to a person or place, or both,
who or which would have qualified for a license in the first instance.
C.
The Township Council shall have first, by motion or resolution,
consented thereto.
Each licensee shall comply with the regulations set forth below. The
construction official shall make inspection from time to time, to assure compliance.
The construction official shall require that each regulation be complied with
in a manner which gives effect to the policies of this chapter.
A.
Access. Customers of the licensee shall be afforded safe
ingress and egress to and from the premises, and the activities of the business
shall not constitute a hazard to the traveling public. Pursuant to the above,
the licensee shall:
(1)
Provide parking areas on the premises for customers.
(2)
Provide driveways of a size, construction and location
conducive to safe access. Driveways shall be constructed by lowering the curbing,
if any. They shall be surfaced with stone, concrete or asphalt and shall be
not less than 20 feet in width. No automobile, equipment or other obstruction
shall be located in or on the driveway, but it shall be kept clear for cars
to enter and exit.
B.
Visibility. No building, fence, automobile, equipment
or other obstruction shall be placed, maintained, parked, stored or kept between
the near boundary of any road abutting the licensed premises and a line parallel
to and 15 feet from such boundary, so that there shall exist between any road
and the premises an area 15 feet wide extending across the entire front of
the premises for visibility, fire protection and other emergency use.
C.
Screening. The licensee shall erect to a height of not
less than five feet a fence of solid construction or a dense evergreen hedge
parallel to and not less than 15 feet from the near boundary of any road abutting
the licensed premises. No building, except those existing on the effective
date of this chapter, automobile, airplane or farm machinery shall be placed,
maintained, parked, stored or kept between the near boundary of such road
and the aforementioned fence or hedge.
D.
Lighting. Electric light bulbs used to light or advertise
the premises shall be shielded to prevent glare, discomfort and hazard to
neighboring residents and the traveling public. During the period in which
business is prohibited, only sufficient lights shall be lighted to provide
protection from persons trespassing.
E.
Appurtenances. Signs, fences, utility poles and wires,
buildings and all other erections and appurtenances shall be constructed and
maintained in safe repair and good appearance.
F.
Ignition keys. Ignition keys shall be controlled by the
licensee and shall not be left in the automobiles exhibited on the premises,
or in an unlocked building when such person is not in attendance at the premises.
G.
Locks. Except when the licensee, his/her agent or responsible
employee, is in attendance at the premises, all doors and windows of automobiles
exhibited on the premises shall be locked.
H.
Surfacing. Premises shall be completely surfaced with
stone, concrete, asphalt or such other material approved by the construction
official as will eliminate dust, weeds and hazards to customers.
I.
Drainage. The surface of the premises shall be graded
to provide for drainage of still water. Provision shall be made for culverts
to carry water under any sidewalks and under the driveways where such driveways
intersect drainage ditches.
J.
Use of public roads. No used automobiles held for sale,
and no automobiles of customers, shall be parked or stored on any street,
highway or sidewalk in the Township.
K.
Hours of operation. Business may be conducted under the
license granted hereunder between the hours of 8:00 a.m. and 10:00 p.m., daily.
No license shall be issued hereunder for any premises where the business
of a junkyard or automobile junkyard shall be conducted during the term of
the license.
