[HISTORY: Adopted by the City Council of the City of Garfield 9-12-2023 by Ord. No. 3005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter, adopted as Ch. 330, was renumbered
to maintain the alphabetical organization of the Code.
This chapter is deemed necessary and proper for the protection
of persons and property, for the preservation of the public safety
of the municipality and to reduce traffic congestion and hazards in
the public streets and along the county and state highways in the
City.
A.
N.J.A.C. 13:45A-26C pertaining to regulation of automotive repair
shops, which statutes and regulations are attached hereto and made
a part hereof, are applicable within the City of Garfield, subject
to the limitations, qualifications and expansion set forth in this
chapter.
B.
AUTO BODY REPAIR FACILITY
(1)
(2)
(3)
(4)
(5)
(6)
MAINTENANCE, DIAGNOSIS OR REPAIR SERVICES ON A MOTOR VEHICLE
VEHICLE REPAIR FACILITY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Includes a business or person who, for compensation, engages
in the business of repairing, removing or installing integral component
parts of an engine, power train, chassis or body of an automobile
damaged as a result of a collision. For the purpose of this chapter,
the following are not deemed to be auto body repair facilities:
An employee of an auto body repair facility who engages in the
business of repairing automobiles solely by reason of his employment.
Any person who is solely engaged in the business of repairing
automobiles owned or leased by a single commercial or industrial establishment.
Any person or business whose activities consist solely of fueling;
changing oil, water, batteries or tires; replacing fan belts, air
filters or oil filters; installing windshield wiper blades, light
bulbs, communications equipment; or such other minor repair and servicing
functions.
A person or business which solely examines automobiles to determine
the cause or location of malfunctions where no repairs as a result
of collision take place.
Any person or business that solely performs four-wheel alignment,
air-conditioning services, window glazing, mechanical repairs and/or
structural (frame machine) repairs pursuant to a subcontracting agreement
with a properly licensed, full- or limited-service auto body facility.
All such subcontracting agreements must be filed with the New Jersey
Motor Vehicle Commission.
Any person or business that solely performs restoration services
for motor vehicles that have not otherwise been damaged as a result
of a collision.
All maintenance, diagnosis and repair of motor vehicles performed
by an automotive repair dealer, excluding any person or business whose
activities consist solely of fueling, installing windshield wiper
blades, or such other minor repair or servicing function as deemed
by the Administrator Officer.
Any location which, for compensation, engages in the business
of performing or employing persons who perform maintenance, diagnosis
or repair services on a motor vehicle or the replacement of parts
other than body parts, but excluding those persons who engage in the
business of repairing motor vehicles of commercial or industrial establishments
or government agencies, under contract or otherwise, but only with
respect to such accounts.
It shall be unlawful for any person to use any land, building
or premises to engage in the business of performing maintenance, diagnosis
or repair services on a motor vehicle or the replacement of parts,
or the repair, removal or installation of integral component parts
of an engine, power train, chassis or body of an automobile without
first obtaining a license therefor from the City. A license shall
be required whenever more than one motor vehicle is stored for repair
on any such land, building or premises. A separate license shall be
required for each separate place or location of business.
A.
Any person desiring a license under this chapter shall file with
the City Clerk an original and four copies of an application, under
oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership, a corporation
or another entity, and if another entity, a full explanation and description
thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date and place of birth.
(4)
If the applicant is a partnership, the full name, residence address,
date and place of birth of each partner.
(5)
If the applicant is a corporation or other entity, in the case of
a corporation the full name, residence address, date and place of
birth of each major officer and each stockholder, and the name and
address of the registered agent and the address of the principal office
(the term "stockholder" as used herein means and includes any person
owning or having an interest, either legal or equitable, in 10% or
more of the stock issued and outstanding of the applicant corporation);
in the case of another entity, the full name, residence address, date
and place of birth of each person owning or having any interest, either
legal or equitable, aggregating in value 10% or more of the total
capital of the said entity, and the name and address of the registered
agent, if any, and the address of the principal office.
(6)
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime, and, if so, the name
of the person arrested or convicted, the date of arrest, the crime
or charge involved and the disposition thereof (the term "officers"
as used herein means and includes the president, vice presidents,
secretary and treasurer of a corporate applicant).
(7)
The business addresses of the manager or the person in charge of
the licensed premises during the five-year period preceding the date
of application.
(8)
A description in metes and bounds of the place where the business
is to be located and carried on.
(9)
A survey or scale drawing of the plot showing structures and open
areas to be used in the business, approved existing or proposed entrances
to and from the place where the business is to be conducted, the location
and place of said business, the location and size of all structures
and fences thereon and the setback thereof from street lines.
(10)
If the applicant is not the owner of the site where the said
business is to be conducted, the owner's consent to the conduct
of said business shall be endorsed on the application.
The procedure for licensing and regulation, as well as the penalties
for noncompliance with this article, as set forth in N.J.S.A. 39:13-1
through 39:13-8 and N.J.A.C. 13:21-21.1 et seq., are applicable in
the City of Garfield, subject to the following provisions:
A.
Wherever the term "Commissioner" or "Commissioner of Motor Vehicles"
appears in the foregoing regulations such provisions shall refer to
the City Clerk of the City of Garfield.
B.
The fees for licenses set forth in N.J.A.C. 11:14-2.2(b)[1][1] shall not mean that auto body repair facilities in the
City of Garfield must pay said fees to the City of Garfield. Instead,
such facilities shall pay the following fees to the City Clerk of
the City of Garfield at the time of initial application for a license
and at the time of the renewal thereof:
[1]
Editor's Note: See now N.J.A.C. § 13:21-21.1
et seq.
C.
An additional fee will be charged for any licensed business having
more than one location, which location is not adjoining or contiguous
thereof.
D.
All licenses shall run for a period of one year commencing January
1 and ending December 31 of the year of its issuance.
E.
All existing licenses and those issued hereafter may, upon payment
of the prescribed license fee and compliance with the terms of this
chapter, be renewed annually. Renewals of an expiring license shall
be made upon payment of the annual fee and the filing of a short-form
application, supplied by the City Clerk, stating that no changes have
been made in any of the facts or information stated in the original
application or to the licensed premises during the preceding license
period.
F.
The license shall authorize the licensee to conduct business only
on the premises specified in the license. Without the consent of the
Council, the license shall not be transferable to any other premises
nor assignable or transferable in any manner or to any other person.
G.
All licenses under this chapter shall at all times be subject to
such reasonable rules as may be made from time to time by the Council
for the proper operation and regulation of the places of business
named in such licenses.
A.
Licenses issued under the provisions of this chapter may be suspended
or revoked by the City Council after notice and hearing for any of
the following causes:
B.
Notice of the hearing for revocation of a license shall be given
to the licensee, in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be mailed by registered or certified mail, return receipt requested,
addressed to the licensee at his last known address, at least five
days prior to the date set for the hearing.
No motor vehicle awaiting repair shall be exhibited, stored,
parked or located on the licensed premises within 50 feet of any building
occupied solely for residence purposes nor 200 feet of a school, church
or other place of assembly.
The licensee shall not place any vehicle on the sidewalk, street
or the front yard between the street and the setback line applicable
thereto. The licensee shall not use or permit the use of the sidewalk,
street or front yard areas aforesaid for the storage, display or repair
of motor vehicles or for the parking of any other vehicles on any
of said areas.
A.
The licensee shall not create or allow undue noise on the premises
so as to constitute a public or private nuisance.
B.
The licensee shall not permit smoke, dust or any noxious odors to
escape from the premises so as to constitute a public or private nuisance.
C.
The licensee shall maintain all surface parking areas and driveways
with concrete or asphalt paving.
D.
All licensees whose business has a parking lot that abuts a sidewalk
shall maintain a guardrail, concrete curb stop, or similar structure
along that portion of the parking lot abutting the sidewalk to prevent
motor vehicles from intruding on to the sidewalk. All licensees whose
business has a parking lot that abuts a street where no sidewalk exists
shall maintain a guardrail, concrete curb stop, or similar structure
along that portion of the parking lot abutting the street at a minimum
distance of five feet measured from the end of the street or an existing
curb.
No business licensed under this section shall be open to the
public between the hours of 8:00 p.m. and 7:00 a.m. the following
day.
Every business licensed for vehicle sales shall at all times
comply with the requirements of this chapter and with all authorities
having jurisdiction in the licensed premises. Any violation of the
terms of this chapter or any nuisances or hazard to health or safety
which may exist or develop in or in consequence of or in connection
with any such premises shall forthwith be abated and removed by the
licensee upon receipt of a notice to that effect from the Construction
Official, Police Department or other authority having jurisdiction
in the licensed premises. The Construction Official's office
and the Police Department shall be responsible for the enforcement
of this chapter.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by one or more of the following:
a fine not exceeding $2,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
