City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
Chapter 445: Vehicles, Sale of New or Used
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 7 of Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.

§ 445-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
The buying, selling or offering for sale of more than three motor vehicles during any prescribed license period for profit.

§ 445-2 Purpose.

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.

§ 445-3 License required.

It shall be unlawful for any person to use any land, building or premises for the sale, or storage for sale, of used or new motor vehicles without first obtaining a license therefor from the Council. A license shall be required whenever more than one motor vehicle is stored for sale on any such land, building or premises. A separate license shall be required for each separate place or location of business.

§ 445-4 Application for license.

[Amended 11-14-1966 by Ord. No. 3728]
A. 
Any person desiring a license under this chapter shall file with the City Clerk an original and four copies of an application, under oath, in writing, on a form furnished by the City Clerk.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder; the name and address of the registered agent and the address of the principal office (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.); in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
(7) 
The business addresses of the manager or the person in charge of the licensed premises during the five-year period preceding the date of application.
(8) 
A description of metes and bounds of the place where the business is to be located and carried on.
(9) 
A survey or scale drawing of the plot showing structures and open areas to be used in the business; approved existing or proposed entrances to and from the place where the business is to be conducted; the location and place of said business; and the location and size of all structures and fences thereon, and the setback thereof from street lines, and the location and size of the area where motor vehicles (new or used) will be stored and where such vehicles will be shown or displayed.
[Amended 4-5-1989 by Ord. No. 5347-89]
(10) 
If the applicant is not the owner of the site where said business is to be conducted, the owner's consent to the conduct of said business shall be endorsed on the application.

§ 445-5 Reports on applicant.

[Amended 11-14-1966 by Ord. No. 3728]
A. 
Upon receipt of such application, the City Clerk shall submit the same to the Police Department, Fire Public Safety Department, Building Department and Health Department for reports with reference to the compliance or noncompliance of the proposed establishment with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application. In addition to the foregoing, the reports of the respective departments shall include the following:
[Amended 4-6-1971 by Ord. No. 4037-71]
(1) 
Police Department:
(a) 
The traffic conditions, including a traffic count, which prevail in the neighborhood surrounding the premises sought to be licensed.
(b) 
A statement of whether, in the opinion of the Department, the granting of the application would tend to increase traffic congestion materially or to constitute a hazard to the public safety.
(2) 
Building Department:
(a) 
The location of any public garages, service stations or premises to be used for the sale or storage of new or used motor vehicles within 1,000 feet of the premises sought to be licensed.
(b) 
A description of the nature and character of the surrounding neighborhood.
B. 
Upon return of said application and reports, the City Clerk shall submit the same to the Municipal Council for its consent and approval.
C. 
Upon the consent and approval of the Municipal Council and upon receipt of a copy of a certificate of occupancy for the licensed premises from the Zoning Officer, the City Clerk shall issue such license.

§ 445-6 License fees; term.

[Amended 1-4-1983 by Ord. No. 4776-83]
The annual fee for a license under this chapter shall be as follows:
A. 
Two hundred seventy-five dollars for any licensed premises having a square foot area of not more than 10,000 square feet, exclusive of a showroom, garage or service station.
[Amended 6-5-1991 by Ord. No. 5503-91; 1-2-2008 by Ord. No. 6711-08]
B. 
Four hundred fifty dollars for any licensed premises having a square foot area in excess of 10,000 square feet, exclusive of a showroom, garage or service station.
[Amended 6-5-1991 by Ord. No. 5503-91; 1-2-2008 by Ord. No. 6711-08]
C. 
Such license shall run for a period of one year, commencing January 1 and ending December 31 of the year of its issuance. If the license is issued on or before June 30, the applicant shall pay the full fee for the year. If the license is granted on or after July 1, the applicant shall pay 1/2 of the annual fee.[1]
[1]
Editor's Note: Original Section 10-105, License renewals; short form application, which immediately followed this section, was repealed 11-14-1966 by Ord. No. 3728.

§ 445-7 Grounds for denial of license.

No license shall be granted by the Council if:
A. 
The licensee has failed to comply with the provisions of this chapter.
B. 
The licensed premises or use thereof are prohibited by the terms and provisions of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 461, Zoning.
C. 
The proposed licensed premises, if an open lot, do not contain at least 5,000 square feet of usable area, except where said lot is connected with and is part of a use such as a garage, service station or other motor vehicle business.
D. 
The individual applicant, or any officer or manager of a corporate applicant, or the principals and manager of a firm applicant, or any of them, have been convicted of the crime of larceny or receiving stolen goods.
E. 
The approval of the license will be detrimental to the public health, safety, welfare and morals.
F. 
The applicant is not the holder of a motor vehicle dealer's license issued by the Director of Motor Vehicles of New Jersey.

§ 445-8 Nontransferability of license.

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.

§ 445-9 Suspension and revocation of license.

All licenses are subject to suspension or revocation after due notice and hearing by the Council for the violation of any of the terms of this chapter.

§ 445-10 Licenses subject to rules and regulations.

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 license.

§ 445-11 Parking restrictions.

No motor vehicle for sale or exchange shall be exhibited, stored, parked or located on the licensed premises within 15 feet of any building occupied solely for residence purposes, or as a school, church or other place of assembly.

§ 445-12 Illumination requirements.

No open lot or property maintained by a licensee under this chapter shall be used after sundown unless it is illuminated with electric lights installed and arranged in such a manner as to deflect the light from the public highways. No unshaded string of lights or unshaded streamers shall be permitted. The purpose of this section is to eliminate the glare of lights on the public highways in the City.

§ 445-13 Rest rooms; office buildings.

A. 
There shall be maintained on each licensed premises or within 200 feet thereof a rest room with toilet accommodations in accordance with the sanitary regulations of the health ordinances of the City.
B. 
Every office building or rest room constructed upon or used by any licensed premises shall be constructed only after the plans for such office building or rest room shall have been submitted to and approved by the City Building Department.

§ 445-14 Curbing and sidewalk.

No entrance or entrances shall be constructed or maintained by the licensee until he has reset the adjoining curbing and reconstructed the adjoining sidewalk in accordance with the rules and regulations of the Division of Public Works. Upon abandonment of the business on the licensed premises, the licensee shall forthwith replace the curbing and sidewalk in accordance with the rules and regulations of the Division of Public Works.

§ 445-15 Placing vehicles on sidewalks, streets or front yards prohibited.

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 sale of motor vehicles, or for the parking of any other vehicles on any of said areas.

§ 445-16 Vehicles with altered identification marks.

No licensee, or his agent, shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, tampered with, covered or destroyed for the purpose of concealing the identity of such vehicle.

§ 445-17 Barriers required.

A. 
Within 10 days after the issuance of a license under this chapter, the open area included in the license shall be enclosed by a fireproof barrier. Such barrier shall be set back in accordance with this chapter and shall be of sturdy permanent construction conforming to the requirements of the Building Code. The purposes of the barrier shall be the protection of the general public from damage by rolling or moving motor vehicles. The barrier shall be constructed to minimize said danger.
B. 
The barrier shall be at least six inches high and shall have no openings for entrance or exit along the street line except where the street curb has been lowered in accordance with City regulations or, if the licensed premises front on a county or state road, then in accordance with the applicable county or state requirements if such requirements are more restrictive than the City regulations. Such openings shall not exceed, in number or width, the portions of the curb so lowered. Where the street curb has not been lowered, there shall be permitted an entrance to the licensed premises through such barrier, not exceeding four feet in width. All barriers shall at all times be kept and maintained in proper repair during the license period. No barrier shall be required where a building wall marks the boundary of the licensed area, except as herein provided.

§ 445-18 Setback requirements for barriers.

Every barrier required under this chapter shall be set back at least one foot from the front and side yard setback lines of the premises as prescribed by the City Zoning Ordinance. Where any portion of the licensed premises is situate so as to make § 445-11 applicable, then the barrier shall be apart from or set back at least 15 feet from the building and structures set forth in § 445-11.

§ 445-19 Maintenance of premises.

The licensee shall not create or allow undue noise on the premises. He shall not permit smoke or dust to escape from the premises so as to constitute a public or private nuisance. He shall keep said premises in as neat and orderly a condition as the nature of the business will allow.

§ 445-20 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.