[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:
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:
A.
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.
B.
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.
C.
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.
D.
Display for sale or exchange.
[Added 12-27-1988 by Ord. No. 829-88]
(1)
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.
(2)
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.
(3)
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.
