[HISTORY: Adopted by the City Council of
the City of East Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-5-1984 by Section 1 of Ord. No. 7-1984]
As used in this article, the following terms
shall have the meanings indicated:
The Director of the Department of Inspection and Licensing.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
A place or structure, including gasoline service stations,
used in the business of maintaining, servicing or repairing motor
vehicles.
Natural persons, associations, partnerships, corporations
and every other type of organization or entity.
Work performed upon any motor vehicle, including but not
limited to motors, ignition systems, transmissions, drive or electrical
systems, body or fender work.
No person shall manage, conduct or operate or
maintain a motor vehicle repair garage in the City of East Orange
without first obtaining a license therefor as provided in this article.
A.
The application for a license for a motor vehicle
repair garage shall be made to the Director of the Department of Inspections
and Licensing on the forms provided.
B.
The application shall accurately set forth:
(1)
The name and home address of the applicant; if a firm
or partnership, the names and home addresses of the members of the
firm or partnership; if a corporation, the names and home addresses
of the president, secretary and registered agent of the corporation.
(2)
The business name and address at which the applicant
proposes to maintain or operate the motor vehicle repair garage.
(3)
The name and address of the person who will manage
the day-to-day operations of the motor vehicle repair garage identified
herein.
(4)
Whether or not any person listed on the application
has ever been convicted of a crime, specifying the nature of the offense
and the date of the conviction.
(5)
Other information concerning the applicant and personnel
which may be necessary in determining approval of the application
and issuance of the license.
No license shall be issued to any person who
shall have been convicted of a crime relating adversely to the operation
of a motor vehicle repair garage. Any determination made by the Director
under this section shall be made in accordance with N.J.S.A. 2A:168A-2.
A.
All licenses issued under this article shall be for
a term of one year, commencing May 1 and expiring the following April
30.
B.
The annual fee for the license issued under this article shall be as set forth in Chapter 170, Licenses and Fees, payable when the application is filed. In the event that the license is not granted, the annual fee, less the sum of $50, shall be returned to the applicant.
[Amended 12-3-1984 by Ord. No. 54-1984[1]]
C.
Application for renewal of a license shall be made
on a form provided by the Director at least one month prior to the
expiration of the current license.
Licenses issued under this article are not transferable.
The business of the motor vehicle repair garage shall be conducted
only at the location specified in the license.
[Amended 12-3-1984 by Ord. No. 54-1984]
Upon receipt of a motor vehicle for engine removal
or replacement, removal for repair or replacement of transmission,
rear differential or drive train, body and fender repairs, repainting
or any other repair, every operator of a motor vehicle repair garage
shall provide and keep a book in which shall be entered a description
of the motor vehicle, the vehicle identification number, the date
received, the name and residence of the person from or for whom the
vehicle was received and a signed authorization for the work to be
performed on the vehicle. Records shall also be kept of purchases
of all major motor vehicle component parts, motor transmission, any
body parts, parts for the interior (seats, dashboards). The book shall,
at all reasonable times, be open to:
The Director may, upon his own initiative or
upon the filing of a written verified complaint of any person, investigate
the actions of any licensee.
Upon notice to the licensee by the Director,
a hearing shall be conducted by the Director to determine whether
any license issued under this article may be suspended or revoked
for any violation of this article or any other applicable law, ordinance
or regulation.
[Amended 12-3-1984 by Ord. No. 54-1984*[1]]
Any person who violates any provision of this
article shall, upon conviction therefor, be punished by a fine not
exceeding $2,000, by imprisonment not exceeding 90 days, and/or 90
days of community service. In addition, failure to comply with this
article may be cause for revocation of the motor vehicle repair garage
license upon notice and hearing to the licensee.
[Adopted 12-23-1985 by Ord. No. 41-1985]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any motor vehicle whose owner has terminated the use and
care of such motor vehicle and has left the same on open lands and
has either:
Any vehicle designed to be propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks; and,
as used in this article, such term shall also include any parts of
a motor vehicle and any such vehicle, whether or not the same by reason
of its present condition, is still capable of self-propulsion.
No person shall abandon or permit the abandonment
on public or private property within the City of any motor vehicle
owned by him or under his control or in his possession at the time
of abandonment or, except as provided in this article, cause any abandoned
vehicle or vehicle in a state of substantial disrepair to be stored
in the open.
No person shall permit any abandoned motor vehicle
to remain on any property owned by him or in his possession or under
his control or, except as provided in this article, store or permit
the storage of any abandoned vehicle or vehicle in a state of substantial
disrepair in the open.
Any person who owns or has control of any premises
and finds a motor vehicle left on his property without his knowledge,
acquiescence or consent, where the owner of such vehicle has failed
or refused to remove the same or the owner is unknown, shall promptly
notify the Chief of Police of the year, model and make of such vehicle
and, if known or ascertainable, the registration license, serial number
and ownership thereof, with such further and additional information
as the Chief of Police may request to ascertain whether or not the
same has been abandoned. The Chief of Police shall take such further
and additional steps as may be necessary to determine whether the
same is an abandoned vehicle within the meaning of N.J.S.A. 40A:14-157
and, if the same is, shall proceed to take possession thereof and
thereafter dispose of the same pursuant to N.J.S.A. 40A:14-157, the
regulations of the Division of Motor Vehicles, and any other provisions
of law pertinent thereto.
A.
Where any motor vehicle mentioned in the preceding
section is in such condition that it is no longer self-propelled,
and by reason of the same is not a motor vehicle within the jurisdiction
of the Division of Motor Vehicles, then the owner of the property
or the person having possession or control thereof on which the motor
vehicle has been abandoned shall remove and dispose of the same through
a private contractor by private means.
B.
Where the owner of the property or person having possession or control thereof, after 10 days' written notice, has failed to remove the motor vehicle, then the Chief of Police shall be authorized to arrange for the prompt removal, but such action by the Chief of Police shall not provide a defense or excuse to an owner or person having possession or control of such premises for failure to comply with this article. The owner and person having possession or control of such property shall pay and be jointly and severally liable for all costs, including reasonable overhead charges, incurred by the City in effecting such removal. In the event that payment is not made on demand, such costs shall, in accordance with the provisions and procedures of § 159-43, become a lien on such property.[1]
Any person owning or having possession or control
of premises on which an abandoned motor vehicle shall be situate and
who fails to remove such motor vehicle in accordance with the request
made by the Chief of Police or Director of Inspection and Licensing
or his duly authorized agent pursuant to this Code or other City ordinances
shall:
Where the existence of a motor vehicle on the
public highways or thoroughfares or on private property shall be an
immediate hazard requiring prompt abatement to protect the public
safety and shall thereby constitute a nuisance, the Chief of Police
may, on short notice or without notice, if notice is infeasible, cause
the same to be removed and held for a period of at least 15 days.
The Chief of Police shall thereupon notify the owner of such vehicle,
if known, by registered mail, of the location thereof and of the right
of the owner to secure return of possession of such motor vehicle
upon payment of the cost of removal and storage. Nothing herein shall
be construed to provide the owner with a defense against any violation
of this article.
[Amended 5-27-1986 by Ord. No. 5-1986; 10-24-1988 by Ord. No. 26-1988]
No motor vehicle in such a state of disrepair that it is unsightly or incapable of locomotion under its own power shall be kept in the open and exposed to public view from the streets or adjoining property, provided that motor vehicles in a temporary state of disrepair shall be permitted to remain for a period not exceeding 10 days, provided that the same are not abandoned vehicles, as defined in this article, except that those motor vehicles exposed to public view shall not be unsightly. Nothing in this article shall prohibit the storage of abandoned vehicles or vehicles in disrepair in junkyards permitted under Chapter 51, Land Use, of this Code and laws pertaining thereto or other designated tow-away areas approved by resolution of the City Council.
[1]
Editor's Note: Former § 175-19,
Violation of storage prohibitions, added 5-27-1986 by Ord. No. 5-1986,
was repealed 10-29-1988 by Ord. No. 26-1988.
In addition to all other penalties afforded
by this article, any person who violates any provision of this article
shall, upon conviction therefor, be punished by a fine not to exceed
$2,000, by imprisonment not to exceed 90 days, and/or 90 days of community
service.
