[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Evesham as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-2-1967 by Ord.
No. 5-67]
As used in this article, the following terms shall have the meanings
indicated:
Any building, lot, establishment or place supplying, selling, distributing
or dispensing motor vehicle fuel, gasoline, kerosene or other combustible
materials from a pump, pumps, units or other devices directly to motor vehicles
or supplying, selling, distributing or dispensing oil, lubricants, antifreeze,
grease or other vehicle accessories and items, which establishments are commonly
known as "motor vehicle gasoline service stations" or "garages."
Any individual, partnership, company, corporation or association
of any kind.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
No person shall build, install, establish, place, erect, maintain, utilize
or operate any gasoline service station within the Township of Evesham without
first obtaining a license therefor from the Director of the Department of
Inspections or such other duly designated Township official as may from time
to time be designated by the Township Council by resolution or ordinance.
Any person who operates more than one gasoline service station within the
Township shall be required to have a separate license for each station or
place of business.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
A.
Application for the license required in § 86-2 above shall be made in writing to the Director of the Department of Inspections or other duly designated Township official.
B.
The application shall set forth the name and address
of the applicant and a description of the premises and be accompanied by a
sketch showing:
C.
The application shall be signed by the individual operator,
if a proprietorship, by all partners, if a partnership; and by the president
or general manager, if a corporation, company or association, and attested
by its secretary.
D.
Each application shall be accompanied by the inspection
fee as hereinafter prescribed, and the Director of the Department of Inspections
or other duly designated Township official shall accept the license application
and collect the inspection fees. Upon receipt of the application and fee,
the Director of the Department of Inspections or other duly designated Township
official shall immediately forward the same to the Township Council for its
consideration and review at the next regular Township meeting, and simultaneously
therewith shall notify the Building Inspector and Township Fire Chief thereof
so a proper inspection and report can be made by them.
A.
Upon receipt of an application, the Director of the Department
of Inspections or other duly designated Township official shall refer a copy
thereof to the Township Building Inspector, who, with the Chief of the Fire
Department, shall review the same, investigate the premises and submit a report
of their findings to the Township Council, which reports shall indicate whether
said gasoline service station complies with the terms and conditions of this
chapter and whether said station is safe from fire or fire hazards and is
not injurious to the public health, safety and welfare.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
B.
The Township Council, upon receipt of the report from
the Building Inspector and Chief of the Fire Department, shall review the
same and, if the application and premises comply with the terms of this chapter,
approve the application and direct the Director of the Department of Inspections
or other duly designated Township official to issue the license in the form
prescribed by the said Township.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
C.
It shall be unlawful for any person to operate a gasoline
service station within the Township without first obtaining a license therefor.
D.
All renewals of said licenses shall be authorized by
the Director of the Department of Inspections, and not the Township Council,
upon the favorable report of the Chief of the Fire Department and upon the
recommendation of the Township Manager, and said reports and recommendations
shall comply with the above provisions of this section.
[Added 8-5-1975 by Ord. No.
29-7-75; amended 11-1-1977 by Ord.
No. 40-11-77]
A.
The gasoline service station inspection fee shall be as set forth in Chapter 72, Fees, of this Code, which shall be deposited with the Director of the Department of Inspections or other duly designated Township official, with the proper application, and shall be used by the Township to defray the cost of investigation, inspection and enforcement of this chapter.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
B.
The license shall be valid from one year from the date
of issuance and shall be renewable at the end of one year or 365 days from
the date of issuance, upon payment of the annual inspection fee and submission
of satisfactory proof of compliance with all the provisions of this chapter.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
C.
No license issued under this chapter shall be assigned
or transferred to any other person or gasoline service station and there must
be a valid license issued for each such gasoline service station within the
Township regardless of the ownership or management of the same.
D.
Each licensee shall plainly display the gasoline service
station license on the premises.
A.
Location of storage tanks. All gasoline service stations
built or to be built, erected or constructed within the Township of Evesham
shall have underground gasoline or petroleum storage tanks, and such tanks
shall be located within the immediate property lines of the premises or station
and shall be placed at a safe distance from any building located on the premises
and at a safe depth. No storage tank shall be installed, connected and covered
until the Building Inspector and the Chief of the Fire Department have inspected
the same and approved the location, construction and depth.[1]
B.
All operations shall be confined wholly to the licensed
premises.
(1)
For the purpose of this subsection, operations of the
licensee shall be construed to include not only the sale or dispensing of
gas, oil, fuels or other accessories or services customarily dispensed or
furnished by the licensee, but also shall include and extend to those vehicles
unaccompanied by a licensed driver which are waiting to receive any service
from said licensee and to the vehicles which have received such services from
the licensee but have not yet been returned to the custody of the customer.
(2)
Nothing contained in this subsection shall be construed
to prohibit or make unlawful the rendering of road service by the licensee
to vehicles which, because of a mechanical breakdown or the condition of said
vehicle, renders said vehicles unfit for self-propulsion.
C.
All gasoline service stations shall have rest rooms and
other toilet facilities, and such rest rooms and facilities shall be kept
in a clean, working and sanitary condition and subject to such other regulations
as may be established by the Board of Health.
D.
The building and premises on which such business is conducted
shall be kept clean, and no refuse shall be permitted to accumulate therein
or thereon.[2]
[2]
Editor's Note: This subsection was originally adopted as part of Ord. No. 4-67, adopted 3-21-1967 as an amendment to Section 701 of the Zoning Ordinance (Ord. No. 10-60, adopted 12-28-1960, codified at Ch. 160, Zoning, Art. IX), which Zoning Ordinance was subsequently replaced 7-18-2000 by Ord. No. 6-3-2000, and was incorporated into this chapter during codification.
E.
[3]No major repair work on vehicles shall be done on the premises
except those items listed herein:
(1)
Lubrication and changing of oil.
(2)
The repair of tires and tubes.
(3)
The recharging and rental of batteries.
(4)
Such incidental work as may be necessary in connection
with the installation, mounting or adjustment of minor automotive accessories
or in connection with the testing and adjustment of the fuel and electrical
systems of motor vehicles.
(5)
The adjustment and/or replacement of brakes and/or mufflers.
[3]
Editor's Note: This subsection was originally adopted as part of Ord. No. 4-67, adopted 3-21-1967 as an amendment to Section 701 of the Zoning Ordinance (Ord. No. 10-60, adopted 12-28-1960, codified at Ch. 160, Zoning, Art. IX), which Zoning Ordinance was subsequently replaced 7-18-2000 by Ord. No. 6-3-2000, and was incorporated into this chapter during codification.
F.
All repair work shall be done within the confines of
the building or garage, except that there shall be no body or fender work
or paint spraying done on the premises at any time.
G.
No merchandise shall be displayed or kept for sale outside
the building except in a vending area approved by the Building Inspector,
which area shall contain no more than four such vending machines, and except
for petroleum products above and below ground, and minor automotive accessories
or related products connected with or necessary for the safe or lawful operation
of motor vehicles. Such petroleum products as may be displayed or kept for
sale outside the building shall be in not greater than one-quart capacity
containers except for tanks below ground. Such outdoor display shall be in
a case or rack which shall be constructed of metal, which case or rack shall
not exceed seven feet in height.
H.
No oil shall be stored or displayed in tanks or other similar receptacles outside of the building except for immediate use in servicing vehicles. Such oil, when not permitted to be kept outside the building as provided for in Subsection G above, shall be kept in adequate and safe containers racked or stacked within the building, but no such container shall be in excess of an eight-quart capacity. Nothing herein shall be construed to permit the storage of handling of flammable liquids in violation of any fire prevention[4] or other safety ordinance of the Township of Evesham.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
I.
No advertising or identification signs shall be painted
on the face of any building, and the use of strings or pennants [except for
a period of one week following grand opening], flags or other similar decorations,
whirling displays, cards and flickering, rotating, flashing or colored lights
on the premises are expressly prohibited. The lighting sources on the premises
shall be so erected and maintained that no disturbing glare will occur at
any time to adjacent property owners or to motorists using the public streets
or highways.
J.
No parking of commercial vehicles shall be permitted
on the premises except such temporary parking as may be necessary in connection
with the servicing of vehicles. No outdoor parking of any vehicles shall be
permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m. except
the parking of such vehicles as are required to remain on the premises for
further servicing and repair. Under no circumstances shall parking be permitted
in excess of 72 hours.
K.
All drainage, refuse, grease drippings, oily rags or
greasy or oily waste material or other waste material shall be kept for disposal
enclosed in metal containers approved by the Chief of the Fire Department
or fire underwriters.
L.
Each gasoline service station shall be equipped with
fire extinguishers, the number, type and quality of which shall be determined
by the Chief of the Fire Department, Township Manager or the fire underwriters,
together with such other equipment as they shall deem necessary for fire or
other emergency purposes.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
M.
No gasoline service station shall accumulate or store
any used parts or used tires, either for sale, storage or waste or for any
other purpose unless within the permanent enclosed building.
N.
Use and occupation of a gasoline service station as hereinbefore
set forth shall not restrict the use of one service vehicle and one tow truck
or wrecker at each such station, but in no event shall any dismantled or wrecked
cars be stored at any gasoline service station unless the same is to be repaired
within the terms of this chapter. Under no circumstances shall any unregistered
motor vehicle be stored or parked on the premises.
O.
No motor vehicle shall be sold or traded on the premises
of any public garage or any gasoline service station.[5]
[5]
Editor's Note: This subsection was originally adopted as part of Ord. No. 4-67, adopted 3-21-1967 as an amendment to Section 701 of the Zoning Ordinance (Ord. No. 10-60, adopted 12-28-1960, codified at see Ch. 160, Zoning, Art. IX), which Zoning Ordinance was replaced 7-18-2000 by Ord. No. 6-3-200, and was incorporated into this chapter during codification.
[Amended 10-7-1975 by Ord.
No. 38-9-75]
A.
The Township Manager or his designee shall enforce each
of the provisions of this article.
B.
For this purpose the Township Manager or his designee
may:
(1)
Enter upon the licensed premises and inspect the same
at any and all reasonable hours.
(2)
Make recommendations to the Township Council concerning
the ownership, operation or condition of the licensee or licensed premises.
(3)
Take whatever other steps are necessary to ensure compliance
with this article.
A.
In addition to the penalty provided below, the license
issued pursuant to this article may be suspended or revoked, or not renewed
as the case may be, by the Township Council, for the violations of this article
or any other reasonable grounds after notice and hearing provided herein.
Nonrenewal, suspension or revocation shall not be valid without at least 10
days' written notice thereof to the licensee, setting forth the grounds for
nonrenewal or the basis for suspension or revocation. The provisions of this
section shall also apply to any person who has initially applied for a license
and been turned down.
B.
The licensee or person so aggrieved shall, within 30
days of receipt of notice, have an absolute right to petition the Township
Council in writing and be entitled to a bearing and review of the action of
the Township. If the licensee or person so aggrieved requests the hearing,
the Township shall schedule the same, and notice thereof shall be given to
the interested parties and to the public at least five days before the time
and place scheduled for the said hearing. The notice shall be published in
the official newspaper of the Township. If a hearing is requested, any revocation,
suspension or other action by the Township Council shall be stayed until the
Township Council can conduct a hearing and investigation as set forth herein.
At the hearing, the Township Council shall review the request of the licensee
or person aggrieved, hear any and all information, facts, evidence or arguments
on behalf of the said licensee or person so aggrieved, and anyone else who
wishes to be heard concerning the issuance, renewal, suspension or revocation
of the license. Upon conclusion of the hearing, the Township Council shall
make its final determination and set forth its findings and conclusions in
writing, which shall be served upon the parties in interest.
[Amended 11-1-1977 by Ord.
No. 40-11-77]
Any person violating any provision of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code.[1]
[1]
Editor's Note: Former Art. II, Hours of Operation, which article immediately
followed this article, adopted 1-21-1986 by Ord. No. 4-1-1986, was repealed
9-15-1987 by Ord. No. 42-9-87.
