[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 11-1-1948 by Ord. No. 440 (Ch. 52 of the 1974 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 394.
As used in this chapter, the following terms
shall have the meanings indicated:
Any open-air plot of ground, lot or land within the Borough
of Totowa where motor vehicles are exhibited or are stored, parked,
kept or located for sale or exchange.
No person, persons, firm or corporation shall
manage, conduct, operate or carry on the business of an open-air parking
station for the sale or exchange of motor vehicles, as defined by
this chapter, without first having obtained a license therefor as
hereinafter provided.
A.
The application for such license for the business
of managing, conducting and carrying on an open-air parking station
for the sale or exchange of motor vehicles shall be made to the Borough
Clerk and shall accurately specify the location of the open-air parking
station, the portion of the lot to be used and the number of square
feet of area occupied thereby. Said application shall be accompanied
by a map or sketch showing the exact location of the proposed parking
station and the area proposed to be used.
B.
The application shall be in writing and signed by
the applicant and shall also state:
(1)
The name and residence of the applicant, and if a
firm or corporation, the name and address of the officers, registered
agents or partners.
(2)
The length of time that the applicant or applicants,
or if the applicant is a firm or corporation, the length of time that
the manager or person in charge thereof, has been a resident of the
Borough of Totowa.
C.
If the applicant is not the owner of the premises
for which the application is made, consent by the owner of the premises
to the use applied for shall be endorsed on the application.
[Amended 5-16-1972 by Ord. No. 991]
A.
The annual fee for the licensing of open-air parking
stations for the sale or exchange of motor vehicles shall be the sum
of $300.
[Amended 6-10-1997 by Ord. No. 9-97]
B.
Such license shall be for a period of one year to
expire on June 30 of each year.
C.
For a licensing period of six months or less, the
fee required shall be 1/2 of the full annual fee.
D.
All licenses shall be revocable by the Borough Council,
upon due notice and hearing, for the violation of any of the terms
of this chapter.
No license shall be issued to manage, conduct,
operate or carry on the business of an open-air parking station for
the sale or exchange of motor vehicles in any residential district,
as established by the Zoning Ordinance of the Borough of Totowa, but
shall be established as directed by the Zoning Ordinance of the Borough
of Totowa,[2] and the supplements and amendments thereto.
No person, persons, firm or corporation shall
conduct, operate or carry on the business of an open-air parking station
for the sale or exchange of motor vehicles between the hours of 10:00
p.m. and 6:00 a.m. of the following day.
No motor vehicle shall be exhibited, stored,
parked, kept or located for sale or exchange under the license issued
hereunder within 15 feet of any building occupied as a residence.
The permits or licenses issued hereunder shall
be issued by the Borough Clerk upon authorization by resolution of
the Council. Said permits or licenses shall not be 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.
No motor vehicle or other object shall be exhibited,
stored, parked, kept or located under the license issued hereunder
on any street, sidewalk or part thereof.
This chapter is enacted for the purpose of raising
revenue and for the regulation and control of open-air parking stations
for the sale or exchange of motor vehicles.
The provisions of this chapter shall not apply
to or be understood to apply to any lot or plot of land occupied by
a public garage building wherein the business of public automobile
repair or storage is maintained or conducted, but this shall not be
construed to exempt any premises adjacent to any such garage building
from the provisions of this chapter.