Chapter 33. Automobiles, Used or Second Hand

Chapter 33 AUTOMOBILES, USED OR SECOND HAND

Article I Automobiles, Used or Second Hand

§ 33-1. License required to sell.

§ 33-2. License Availability

§ 33-3. Requirements.

§ 33-4. Application: Information required.

§ 33-5. Application Procedure.

§ 33-6. Approval of License.

§ 33-7. License Fee.

§ 33-8. Renewal Application: Fee

§ 33-9. Conduct of business: maintenance of premises.

§ 33-10. Site Plan Approval; Other permits.

§ 33-11. Compliance with Township Ordinances.

§ 33-12. Revocation or suspension.

§ 33-13. Violations and Penalties.

§ 33-14. Nonapplicability.

ARTICLE II MOTOR VEHICLES FOR RENT OR LEASE

§ 33-15. License required to Rent or Lease.

§ 33-16. License Available.

§ 33-17. Requirements

§ 33-18. Application: Information required.

§ 33-19. Application Procedure

§ 33-20. Approval of License.

§ 33-21. License Fee.

§ 33-22. Renewal Application: Fee

§ 33-23. Conduct of business; maintenance of premises.

§ 33-24. Site Plan Approval; other permits.

§ 33-25. Compliance with Township Ordinances

§ 33-26. Revocation or Suspension.

§ 33-27. Violations and Penalties

§ 33-28. Severability

§ 33-29. Repealer

§ 33-30. When Effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 9-22-66 as Ord. No. 341. Amended 5-11-87 by Ord. No. 0-87-16 Amendments noted where applicable.]

General References

Building Code - See Ch. 39.

Junkyards and junk shops - See Ch. 61.

Streets and sidewalks - See Ch. 72.

Subdivision of land - See Ord. No. 0-83-26a.

Zoning - See Ord. No. 0-83-26a.

Nuisance Code - See Ch. 92

Smoke Control Code - See Ch. 99.

ARTICLE I Automobiles, Used or Second Hand

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 33-1. License required to sell.

No person, firm or corporation shall hereafter, within the Township of Gloucester, County of Camden, State of New Jersey, conduct or engage in the business of the sale of secondhand or used motor vehicles on any in said township without first obtaining a license for such purposes.

Licenses issued in conformity with this ordinance shall expire on the 31st day of January of each year. No license shall be transferable from person to person or place to place, unless a new application is made and approved by Township Council.

§ 33-2. License Availability

There shall be available within the Township of Gloucester, ten(10) Licenses for the business of the sale of secondhand or used motor vehicles. (Amended 3-28-88 by Ord. No. 0-88-12)(Amended on 11-25-96 by Ord.No.O-96-43)

§ 33-3. Requirements.

Premises upon which the sale or display for sale of used motor vehicles within the Township of Gloucester must meet the following requirements:

A.) Conform to the Zoning Ordinance of the Township

B.) Have a permanent structure with rest rooms available

C.) be at least 2000 feet from any other such premises

D.) be at least 20,000 sq. ft. minimum

§ 33-4. Application: information required.

Any person, firm or corporation desiring to obtain a license to engage in the business of the sale of secondhand or used motor vehicles upon any property within the territorial limits of the Township of Gloucester shall make application in writing to the Township Clerk. Said application shall set forth the following information:

A.) Individual, partnership or corporation.

1.) If the applicant is an individual trading in his own name, then his name and the place of his residence. If the applicant is a person trading under a trade name, then his name and the place of his residence and the trade name under which he does business.

2.) If the applicant is a partnership, then the names and addresses of the respective partners and the trade name under which the partnership does business.

3.) If the applicant is a foreign corporation, then the name of the state in which it is incorporated and a statement as to whether or not the corporation is licensed to do business in New Jersey, and the name of its registered agent and the names and places of residence of its officers.

4.) If the applicant is a domestic corporation, then the name and address of its registered agent and the names and places of residence of its officers.

5.) Location of Business; Address, Plate, Block & Lot No.s

6.) Size of Lot

7.) Description of present structure or proposed structure

8.) Number of proposed vehicles to be parked stored or displayed.

9.) If applicant is the holder of other Used Car Licenses; Locations

10.) If application for License has ever been refused. If so, reason

11.) If applicant has ever been convicted of a crime.

B.) Application must be accompanied by the following documents:

1.) Copy of Site Plan or sketch

2.) Copy of Dealers Certificate

3.) Letter from Zoning Officer stating proposed business is proper use on site

4.) Application Fee of $50.00 to cover administrative, investigative and publication costs

§ 33-5. Application Procedure

Upon submission of a completed application, the Township Clerk shall

immediately forward a copy to the Chief of Police who shall conduct an investigation and give a written report to the Clerk. Upon receipt of said report, the Township Clerk shall cause to be published in a newspaper published within the County, a notice of such application, at least 10 days prior to the consideration of the application by the Township Council. No application shall be considered until proper proof of investigation and publication have been submitted to the Township Council. Township Council shall set a date for consideration of the application and any objections that have been filed.

§ 33-6 Approval of License.

Upon approval by the Township Council of an application, filing of a copy of an approved Site Plan, and payment of Application and License fees, the Township Clerk shall issue a License to said applicant.

§ 33-7. License fee.

Before the issuance of any license, each licensee shall pay an annual license fee of ($250.00) Two Hundred and Fifty Dollars.

§ 33-8. Renewal Application: Fee

Application for renewal of License shall be made to the Township Clerk on or before January 31st of each year, and shall be submitted to the Township Council for approval. Fee for renewal shall be $10.00. Failure to renew license will result in forfeiture.(Amended on 11-25-96 by Ord. No. O-96-43)

§ 33-9. Conduct of business; maintenance of premises.

Every place of business used by a licensee, shall maintain said licensed premises in the following manner:

A. A rest room with toilet accommodations shall be maintained on the licensed premises.

B. No licensee shall display, store or park used motor vehicles upon the streets of the Township.

C. No Licensee shall display, store or park used motor vehicles in or upon any right of way, sidewalk, access driveway or on site traffic lanes. Used motor vehicles shall be displayed, stored or parked 10 feet from the right of way, and shall not impair the line of sight of traffic.

D. Excluding the buildings, access driveways, and on site traffic lanes, the maximum number of used motor vehicles permitted to be displayed, parked or stored for sale on the licensed premises, shall be determined on the basis of 162 sq. ft. minimum per vehicle.

E. Every property used and maintained by a licensee under this ordinance, shall be illuminated in accordance with the ordinances of the Township of Gloucester and the period of such illumination shall be from dusk to 10 P.M. during business hours, prevailing time.

§ 33-10. Site Plan Approval; Other permits.

As a condition precedent to the issuance of a license as provided for by this ordinance, the applicant shall secure approval of a Site Plan pursuant to the Land Development Ordinance of the Township of Gloucester,and must secure all other permits as may be required by the ordinances of the Township of Gloucester and shall pay the fees established for such permits.

The Applicant shall have six (6) months following the date of approval from the Township Council, to receive and file with the Township Clerk, an approved Site Plan and other permits as may be required by Township ordinances. Failure of the Applicant to secure the necessary site plan approval and other required permits within the six month time period shall cause the license to terminate, unless an application for an extension of time is made to the Township Clerk and approved by the Township Council. An application for an extension of time may be approved by the Township Council upon a showing of good cause and that the applicant has proceeded diligently to secure the required approvals and permits. (Amended on 11-25-96 by Ord No. O-96-43)

§ 33-11. Compliance with Township Ordinances.

Every applicant and licensee shall comply with all provisions of this and all other Township Ordinances.

§ 33-12. Revocation or Suspension

Upon ten (10) days notice and an opportunity to be heard before the Council, the license of any person, firm, partnership or corporation, may be revoked or suspended for such time or period as the Council may determine for any violation of the terms hereof or the terms and conditions of any license granted or issued hereunder.

§ 33-13. Violation and Penalties

In addition to action by the Township Council of revocation or suspension, any person, firm, partnership or corporation who violates this ordinance shall upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days or both, in the discretion of the Municipal Judge before whom such violation is tried. Each day that a violation continues shall be considered a separate and distinct violation thereof.

§ 33-14. Non-applicability.

No licensee of a used motor vehicle business who was licensed in the Township of Gloucester on the llth day of May 1987, shall be required to comply with the provisions of Article I, Section 33-3, subsection l,3 and 4; Section 33-4, subsection B-5; and Section 33-10.

ARTICLE II Motor Vehicles for Rent or Lease

BE IT ORDAINED by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey as follows:

§ 33-15. License required to Rent or Lease

No person, firm, partnership or corporation shall hereafter, within the Township of Gloucester, County of Camden, State of New Jersey, conduct or engage in the business of renting or leasing of motor vehicles upon any property in said Township without first obtaining a Township license for such purpose.

§ 33-16. License Available

There shall be available within the Township of Gloucester, three (3) licenses for the business of renting or leasing of motor vehicles. In addition anyone holding a license for the sale of motor vehicles within the township, may apply.

§ 33-17. Requirements

Premises upon which the rental or leasing of motor vehicles within the Township of Gloucester must meet the following requirements:

A.) conform to the Zoning Ordinance of the Township.

B.) have a permanent structure with rest rooms available.

C.) be at least 2000 feet from any other such premises.

D.) be at least 20,000 sq. ft. minimum

§ 33-18. Application: Information required

Any person, firm, partnership or corporation desiring to obtain a license to engage in the business of renting or leasing motor vehicles upon any property within the territorial limits of the Township of Gloucester shall make application in writing to the Township Clerk. Said application shall set forth the following information:

A. Individual, partnership or corporation.

2.) If the applicant is a partnership, then the names and addresses of the respective partners and the trade name under which the partnership does business.

3.) If the applicant is a foreign corporation, then the name of the state in which it is incorporated and a statement as to whether or not the corporation is licensed to do business in New Jersey, and the name and address of its registered agent and the names and places of residence of its officers.

4.) If the applicant is a domestic corporation, then the name and address of its registered agent and the names and places of residence of its officers.

5.) Location of Business; Address, Plate, Block & Lot Nos.

6.) Size of Lot

7.) Description of present structure or proposed structure.

8.) Number of proposed vehicles to be parked stored or displayed.

9.) If applicant is the holder of other Rental or Leasing Licenses; Locations

10.) If application for License has ever been refused. If so, reason.

11.) if applicant has ever been convicted of a crime.

B. Application must be accompanied by the following documents:

1.) Copy of Site Plan or sketch

2.) Copy of Dealers Certificate

3.) Letter from Zoning Officer stating proposed business is proper use on site

4.) Application Fee of $50.00 to cover administrative, investigative and publication costs

§ 33-19. Application Procedure

Upon submission of a completed application, the Township Clerk shall immediately forward a copy to the Chief of Police who shall conduct an investigation and give a written report to the Clerk. Upon receipt of said report, the Township Clerk shall cause to be published in a newspaper published within the County, a notice of such application, at least 10 days prior to the consideration of the application by the Township Council. No application shall be considered until proper proof of investigation and publication have been submitted to the Township Council. Township Council shall set a date for consideration of the application and any objections that have been filed.

§ 33-20. Approval of License

Upon approval by the Township Council of an application, filing of a copy of an approved Site Plan, and payment of license fees, the Township Clerk shall issue a License to said applicant.

§ 33-21. License Fee

Before the issuance of any license, each licensee shall pay an annual license fee of ($250.00) two hundred and fifty dollars.

§ 33-22. Renewal Application: Fee

§ 33-23. Conduct of business; maintenance of premises

Every place of business used by a licensee, shall maintain said licensed premises in the following manner:

A.) A rest room with toilet accommodations shall be maintained on the licensed premises

B.) No licensee shall display, store or park any motor vehicles upon the streets of the Township.

C.) No Licensee shall display, store or park motor vehicles in or upon any right of way, sidewalk, access driveway or on site traffic lanes. Motor vehicles shall be displayed, stored or parked 10 feet from the right of way, and shall not impair the line of sight of traffic.

D.) Excluding the buildings, access driveways, and on site traffic lanes, the maximum number of motor vehicles permitted to be displayed, parked or stored for rent or lease on the licensed premises, shall be determined on the basis of 162 sq. ft minimum per vehicle

E.) Every property used and maintained by a licensee under this ordinance, shall be illuminated in accordance with the ordinances of the Township of Gloucester and the period of such illumination shall be from dusk to 10 P.M. during business hours, prevailing time.

§ 33-24. Site Plan Approval; other permits

As a condition precedent to the issuance of a license as provided for by this ordinance, the applicant shall secure approval of a Site Plan pursuant to the Land Development Ordinance of the Township of Gloucester, and must secure all other permits as may be required by the ordinances of the Township of Gloucester and shall pay the fees established for such permits.

§ 33-25. Compliance with Township Ordinances

Every applicant and licensee shall comply with all provisions of this and all other Township Ordinances.

§ 33-26. Revocation or Suspension

Upon ten (10) days notice and an opportunity to be heard beforethe Council, the license of any person, firm, partnership orcorporation, may be revoked or suspended for such time or period as the Council may determine for any violation of the terms hereof or the terms and conditions of any license granted or issued hereunder.

§ 33-27. Violations and Penalties

In addition to action by the Township Council of revocation or suspension, any person, firm, partnership or corporation who violates this ordinance shall upon conviction Therof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment not exceeding ninety (90) days, or both, in the discretion of the Municipal Judge before whom such violation is tried. Each day that a violation continues shall be considered a separate and distinct violation thereof.

§ 33-28. Severability

If any Article, section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portions or provisions of this ordinance.

§ 33-29. Repealer

All ordinances and provisions inconsistent with the provisions of this ordinance shall and are hereby repealed to the extent of such inconsistency.

§ 33-30. When Effective

This ordinance shall take effect immediately after final passage and publication in accordance with the Laws of the State of New Jersey