[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 11-16-1964 by Ord. No. 452 as Ch. 8, Art. VI, of the 1964 Code. Amendments noted where applicable.]
This chapter is enacted for the purpose of raising revenue and for the regulation and control of the business sought to be licensed hereunder, pursuant to sections N.J.S.A. 40:52-1 and 40:52-2.
[Amended 12-23-1975 by Ord. No. 595-75]
As used in this chapter, the following terms shall have the meanings indicated:
- OPEN LOTS or VACANT LAND
- Any lot, tract or parcel of land, or any portion thereof, which is not within any building or structure, whereon there is conducted the business of selling, trading or storing of motor vehicles.
It shall be unlawful for any person to engage in the business of selling, trading or storing any motor vehicles upon any open lots or vacant land in the Borough without first having obtained a license therefor.
A license required by this chapter shall be required for each separate and distinct location where such business is to be operated. For the purpose of this section, a "separate and distinct location" shall mean any vacant land or open lot, tract or parcel of land consisting of one or part of one lot not exceeding 200 feet in width, or one or more lots or parts thereof contiguous to each other not exceeding 200 feet in total width.
Application for a license to conduct the business of selling, trading or storing motor vehicles upon open lots or vacant land shall be made to the Borough Clerk and shall be accompanied by the license fee provided by this chapter. Such application shall set forth the full name and place of residence of the applicant. If the applicant is a partnership or firm, the application shall include the names and addresses of all members thereof. If the applicant is a corporation, the application shall include the names and addresses of all the corporate officers, together with the name and address of the registered agent authorized to accept service of process. Such application shall set forth the location of the proposed licensed premises, giving the street address, block and lot number as shown on the tax assessment map of the Borough, together with a sketch showing the dimensions of the lot of land upon which the business is to be conducted and the area proposed to be used.
The number of licenses that may be issued for the business of selling, trading or storing motor vehicles on open lots or vacant land in the Borough are hereby limited to a total of six such licenses.
Licenses issued under this chapter shall be limited to lawful use only in the Business Districts and Light Manufacturing Districts, as such districts are defined and established under the provisions of Chapter 250, Zoning.
[Amended 7-13-1999 by Ord. No. 1073-99]
The annual fee for each license required by this chapter shall be as set forth in Chapter A270, Fees. There shall be a discounted rate for licenses issued after August 1. All licenses issued under this chapter shall expire on December 31 of the year in which such license was issued.
Licenses issued under this chapter are not transferable or assignable, except with the consent of the Borough Council, and the business or occupation shall be conducted only at the place therein specified.
In addition to any other penalty imposed for the violation of this chapter, any license issued under this chapter may be revoked by the Borough Council at any time for any violation of this chapter or for other legal cause, after notice and hearing of the licensee.
Within 30 days after any license is granted pursuant to this chapter, the licensee shall cause to be done the following:
Enclose the area to be used under such license with a bump-guard of fireproof material firmly anchored in the ground and not less than eight inches in height above ground level. Thereafter, such bump-guard shall be kept and maintained in a good state of repair during the period covered by the license.
The area of land to be used shall be graded and drained to dispose of all surface waters in such a manner that waters shall not discharge upon or over any adjacent property or over any sidewalks during the period covered by the license.
Wherever artificial lighting is used on the licensed premises, such lighting shall be so installed and maintained that no disturbing glare will be visible on adjacent properties or to motorists using the public streets. The use of colored lights which may be mistaken for traffic lights or signals and artificial lights that change in intensity or produce a flashing or moving effect are hereby prohibited.
Display for sale or exchange.
[Added 12-27-1988 by Ord. No. 829-88]
All automobiles or motor vehicles which are displayed for sale or exchange shall at all times be parked, stored or displayed for sale or exchange on the licensed lot only. Said automobiles or motor vehicles shall be parked, stored or displayed for sale or exchange only in spaces which are both clearly visible and clearly delineated by painted white or yellow stripes or their equivalent. All spaces for such automobiles or motor vehicles shall be at least 10 feet in width and 20 feet in length.
Said vehicles shall be parked or displayed side-by-side in rows perpendicular to the curbline. There shall be a distance of at least 10 feet between each row of vehicles, which distance shall serve to facilitate ingress and egress to the clearly delineated spaces.
Each automobile or motor vehicle which is not parked, stored or displayed for sale or exchange in accordance with the provisions hereinbefore described shall constitute a separate violation.
The ignition key shall not at any time be left in any motor vehicle stored or parked on any premises licensed pursuant to this chapter when the licensee or his agent or employee is not in attendance.
No person shall conduct, operate or carry on the business of selling or trading motor vehicles between the hours of 10:00 p.m. and 7:00 a.m. prevailing time of the following day.
No motor vehicles shall be stored for sale or trade under the license issued pursuant to this chapter within 15 feet of any building occupied as a residence.
No motor vehicle shall be exhibited, stored, parked, kept or located under the license issued under this chapter on any street, public right-of-way, sidewalk or part thereof.
No open lot or vacant land in the Borough shall be used for the business of selling, trading or storing motor vehicles, except in compliance with the terms of this chapter.
[Added 7-13-1999 by Ord. No. 1073-99; amended 10-14-2008 by Ord. No. 1187-08]
Any violation of this chapter shall be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or a combination thereof.