[Derived from Ch. IX, Sec. 9-1, of the 1978
Code]
As used in this article, the following terms
shall have the meanings indicated:
Any open air plot of ground, lot or land within the Borough
where any motor vehicles are exhibited, stored, parked, kept or located
for sale or exchange or are stored, parked, kept or located for compensation.
Any and all driveways or passageways used or located on the
premises to be operated as an open air parking station.
The words "open air parking station" shall not
include land adjacent to a salesroom or garage used by the owner or
lessee thereof for the sale of new motor vehicles when such land is
used solely for the sale of new motor vehicles.
No person shall manage, conduct, operate or
carry on the business of an open air parking station as defined by
this article without first having obtained a license therefor as hereinafter
provided.
Application for a license as required by § 289-6 shall be made to the Borough Clerk on forms to be supplied by him and shall accurately specify and describe the location and portion of land to be occupied by the proposed open air parking station. The description shall be accompanied by a map or sketch in accordance with the Assessment Map of the Borough of Fort Lee and shall denote the number of square feet of area leased or owned to be occupied by said parking station.
A.
The annual license fee for every open air parking
station shall be determined by multiplying the number of square feet
of area occupied by said open air parking station by $0.10. Such license
shall run for a period of one year commencing January 1 and ending
December 31 of any year.
B.
The annual license fee for open air parking stations
where vehicles are exhibited, stored, parked, kept or located for
sale or exchange shall be $350 per year.
C.
All licenses as required by this article are revocable
by the Mayor and Council of this Borough for violation of any of the
terms of this article or for any misstatements made in any applications
seeking a license upon due notice and hearing.
Any license required by § 289-6 shall not be transferable or assignable unless the approval of the Mayor and Borough Council has first been obtained, and the new holder thereof must conduct the business only at the place therein described.
No license shall be issued to any person for
the managing, operating, conducting or carrying on the business of
an open air parking station in any residential zone within this Borough.
No motor vehicles shall be exhibited, stored,
kept, parked or located under any license issued pursuant to this
article within 10 feet of any building occupied as a residence.
This article is enacted for the purpose of raising
revenue and for the regulation and control of open air parking stations.
Any person violating any of the provisions of
this article shall, upon conviction thereof, for the first offense
pay a fine not to exceed the sum of $100 and an additional penalty
of not more than $25 for each day such open air parking station shall
be maintained in violation of this article, or in default of such
fine may be imprisoned in the county jail for a term not to exceed
30 days, and any corporation violating any of the provisions of this
article shall, upon conviction thereof, for the first offense pay
a fine not to exceed the sum of $100 and an additional penalty of
not more than $25 for each day such open air parking station shall
be maintained in violation of this article, which may be recovered
in an action of debt.
