It shall be unlawful for any person to engage in the business of selling
or exchanging any motor vehicles upon any open lot in the Borough before first
obtaining a license therefor as herein provided.
As used in this chapter, the following terms shall have the meanings
indicated:
BUSINESS OF SELLING OR EXCHANGING MOTOR VEHICLES
The offering of motor vehicles for sale or exchange by exhibiting,
storing, parking, locating or keeping motor vehicles upon a lot, as set forth
herein, with the intent to sell or exchange motor vehicles.
OPEN LOT
Any lot, tract or parcel of land not enclosed in a substantial permanent
building, and shall not include any lot, tract or parcel of land upon which
is erected a substantial permanent building used as a public garage, or automobile
showroom wherein there is conducted the business of selling, repairing or
storing motor vehicles, but shall include any lot, tract or parcel of land,
or part thereof, adjacent to the land upon which a permanent building is erected,
when land is used for the business of selling or exchanging motor vehicles.
A license shall be required for each separate and distinct location
where business is to be operated. For the purpose of this section, a "separate
and distinct location" shall mean any lot, tract or parcel of land consisting
of part of one, or one or more, lots adjacent and contiguous to each other
and if described by metes and bounds would have one continuous and uninterrupted
boundary line.
No motor vehicle shall be parked, stored or displayed nearer than 15
feet from the curbline abutting any street, or nearer than 15 feet from any
building used as a residence.
The annual fee for license shall be as follows:
A. For each open lot having an area of 10,000 square feet
or less: the sum of $250.
B. For each open lot having an area of more than 10,000
square feet, but less than 15,000 square feet: the sum of $350.
C. For each open lot having an area of more than 15,000
square feet: the sum of $500.
No license shall be granted to cover more than one location, except
as hereafter provided for the transfer of location. No license issued hereunder
may be transferred by the original holder thereof to any other person. A holder
of a license legally issued may, however, transfer a license to another location
within the Borough upon submitting written application as required for an
original issue, and the payment of a fee of $25. The license so transferred
to another location by the original holder thereof shall expire upon the date
set forth in the original license, and shall be effective only at the new
location, and for the benefit of the original holder only.
The following shall apply:
A. The ignition key shall not be left in any motor vehicles
exhibited, parked or kept on the licensed premises at any time when the licensee
or his agent or employee is not in attendance.
B. No doors or windows in any motor vehicle exhibited, parked
or kept on the licensed premises shall be left open or unlocked at any time
when the licensee or his agent or employee is not in attendance.
C. No licensee shall exhibit, park or keep any motor vehicles
in the sidewalk, street or other public right-of-way or area.
D. No old metal, dismantled or partly dismantled used motor
vehicles, parts of used motor vehicles, or other secondhand materials shall
be stored or kept on the licensed premises.
E. The licensee shall not permit any motor vehicle to be
driven upon the sidewalk area or across the sidewalk to and from the street,
except at fixed exits and entrances abutting the licensed premises, at such
locations as may be approved by the Borough.
F. All signs, lighting fixtures and other equipment appurtenant
to the use of the licensed premises shall be substantially erected or constructed,
and thereafter maintained in good repair so that the same will not become
hazardous to the public. Within five days after receipt of a notice in writing
from the Borough inspector, the licensee shall remedy any condition deemed
to be necessary for public safety, in such manner as directed in the notice.
G. All electric light bulbs used in lighting the licensed
premises shall be shielded in such manner as the Borough may deem necessary
to eliminate the hazard and annoyance of any glare therefrom.