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Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 11-20-1961, Ch. 7, Art. 1, of the former Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 119.
Fire prevention — See Ch. 137.
Property maintenance — See Ch. 197.
Zoning — See Ch. 268.
STATUTORY AUTHORITY
Authority to regulate — See N.J.S.A. 40:52-1e.
As used in this chapter, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Any automobile, truck, motorcycle, motor scooter or other self-propelled vehicle not operated on tracks or trolleys.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, repairing or providing similar services. "Motor vehicle service station" shall be deemed to include a gasoline station as defined in Chapter 268, Zoning, as amended and supplemented.
No person shall conduct or operate a motor vehicle service station within the Township without first obtaining a license therefor from the Township in accordance with the provisions of this chapter.
The Township Clerk shall keep a record of all applications submitted and all licenses issued under this chapter.
A. 
All applications for a motor vehicle service station license shall be made in writing, under oath, upon forms furnished by the Township Clerk. The applicant shall set forth completely the information therein requested and file said application with the Township Clerk. The application shall be accompanied by the license fee prescribed in § 148-6.
B. 
The application shall set forth:
(1) 
If an individual: the name and address of the applicant.
(2) 
If a partnership: the name and residence of each partner.
(3) 
If a corporation or other organization: the name, date and state under whose laws such corporation or organization was organized and the names of the principal officers and local representatives and their residences and business addresses.
(4) 
The name and residence of the operator, if different from the owner.
(5) 
Such other information as may be required in the application.
If, after an investigation by the Building Inspector and the Police Department, it shall appear that the applicant is of good character and reputation and that the statements set forth in the application are correct, the Building Inspector and the Chief of Police shall endorse their respective approval on the said application. In such case, and upon payment of the license fee prescribed by § 148-6, the Township Clerk shall issue to the applicant a license for a motor vehicle service station.
[Amended 12-21-1970 by Ord. No. 70-21; 11-5-1973 by Ord. No. 73-24; 10-6-1975 by Ord. No. 75-11; 11-7-1988 by Ord. No. 88-326]
The fee for a motor vehicle service station license shall be $100 per year or any part thereof.
The license for a motor vehicle service station shall be issued for a term of one year, commencing as of January 1 and expiring on December 31 of the year of its issuance, unless sooner surrendered or revoked.
A. 
The license issued under this chapter shall authorize the named licensee to conduct or operate a motor vehicle service station only on the premises specified in the license.
B. 
No license issued under this chapter shall be transferred or assigned or used by any person other than the one to whom it is issued.
A. 
No supplies or materials shall be kept outside the station building unless stored in metal racks or cabinets not to exceed seven feet in height; provided, however, no used parts of motor vehicles or inoperative vehicles or used tires shall be stored or displayed at any time outside the station building.
B. 
No repair work shall be performed outside the station building except for incidental minor repairs.
C. 
No electric lights shall be installed or arranged on any poles which exceed 16 feet in height, and all such illumination shall be shaded properly so as to protect adjoining properties and property owners therefrom.
No motor vehicles shall be sold or displayed for sale on the licensed premises.
Every licensee under this chapter shall keep and maintain:
A. 
The sidewalks and driveways surrounding the licensed premises in a safe condition and free from ice, sleet and snow.
B. 
All building and toilet facilities on the licensed premises in clean, neat and sanitary condition and free from accumulation of refuse, and all plumbing fixtures in workable operation.
C. 
Drainage refuse, grease dripping or other waste materials in containers approved by the National Board of Fire Underwriters.
D. 
Proper fire extinguishing apparatus on the premises.
E. 
All vehicles on the licensed premises stored in such manner as to be readily removed in case of fire or other emergency.
[Amended 3-15-1965 by Ord. No. 65-3; 4-5-1965 by Ord. No. 65-3(a); 3-17-1969 by Ord. No. 69-4]
No motor vehicle service station located within 50 feet of any property used for residential purposes shall be operated between the hours of 11:00 p.m. and 6:00 a.m.
[Amended 12-17-1962]
In addition to the penalty prescribed in § 148-15 hereof, any license issued under this chapter may be suspended or revoked by the Council upon complaint of the Building Inspector if, after hearing upon 10 days' written notice of the time and place thereof, the Council finds that the licensee:
A. 
Has made false representations of material statements in the application for such license; or
B. 
Knowingly violates or permits or countenances the violation of:
(1) 
Any provision of this chapter; or
(2) 
Any state law or ordinance concerning the theft, larceny, conversion or operation, without the owner's consent, of any motor vehicle.
C. 
In addition, a license issued pursuant to this chapter may be revoked or suspended when any licensee, who is the owner of the property upon which the licensed business is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.
[Added 5-6-1991 by Ord. No. 91-383]
The Building Inspector is hereby authorized and designated to enforce this chapter. He shall have the authority to inspect, during reasonable hours and as often as he deems necessary, any motor vehicle service station. The person conducting or operating said motor vehicle service station shall permit and give free access to all parts thereof for purposes of said inspection by the Building Inspector.
[Amended 12-17-1962; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.