[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
5-13-1953 by Ord. No. 200. Amendments noted where applicable.]
This chapter may be cited as the "Used Car Ordinance of the Borough
of Middlesex."
[Added 5-25-1976 by Ord.
No. 718]
Used car sales are to be permitted only in the General Business Zone
and only where accessory to the sale of new cars, and the used car lot shall
be located on the same lot with the principal use.
On and after the effective date of this chapter, it shall be unlawful
for any person, firm, partnership or corporation to use any lot or land in
the Borough of Middlesex for the display or storage for sale of used cars
or new motor vehicles without first obtaining a license or licenses therefor
as herein provided, and no such business shall be conducted except in compliance
with the provisions of this chapter.
Whenever two or more motor vehicles are displayed or stored for sale
in or on any such lot or land, a license as herein required shall be obtained,
and separate license shall be required for each separate place of business
conducted by the same owner. The license shall authorize the licensee to conduct
the said business on the premises described in the license, and said license
shall not be assignable to any other person nor to any other premises without
the consent of the Common Council first obtained.
Every applicant for a license to engage in said business, including
the business of exchanging new or used motor vehicles, shall file with the
Borough Clerk, together with the license fee required by this chapter, a written
application, signed and sworn to by the applicant or by an authorized officer
of the applicant, if a corporation, which application shall state:
A.
The name and address of the applicant or applicants;
and if a firm or corporation, the names and addresses of the partners or officers
and the registered agent as the case may be. If the business is to be conducted
under a trade name, such name shall be stated in the application.
B.
The place of previous employment or occupation of the
applicant or applicants, or the partners or officers, as the case may be,
and whether or not said applicant or applicants, partners or officers have
ever been convicted of a crime.
C.
The detailed nature of the business to be conducted.
D.
A sketch of the premises upon which the business is to
be conducted showing dimensions, and frontages on streets, the distance to
the nearest street intersecting the street upon which the premises front if
an interior lot, and if a corner lot, showing the streets upon which said
lot fronts, and also showing existing or proposed entrances or exits to the
said premises and if a building exists on said premises, showing the location
of the same or any proposed building and its type and dimension.
Any person to whom a license is issued shall abide by and comply with
the following regulations:
A.
The licensee shall comply with all the requirements of
Title 39 Revised Statutes of New Jersey as amended and all of the statutory
requirements with respect to the transfer of motor vehicles and the business
of buying, selling or dealing in motor vehicles in this state.
B.
The license shall establish and maintain either upon
the premises on which such business is conducted or upon premises adjacent
thereto owned or controlled by such licensee, a permanent building, equipped
with toilet facilities installed therein complying with the provisions of
the Sanitary and Plumbing Codes of the Borough of Middlesex.[1]
C.
The licensee shall erect and maintain along the street
frontage declared in his application on which such business is conducted a
permanent curb of masonry, concrete or other equally durable material approved
by the Borough Engineer, or not less than six inches in height or in lieu
thereof a permanent fireproof fence not less than 18 inches in height. Where
said curb shall be installed it shall be at least two feet in back of tile
line of the street and parallel thereto. The said curb or fence shall be without
openings except for entrance and exit. Such openings shall not be more than
10 feet in width and shall be installed only where the street curb has been
lowered and a concrete apron constructed in accordance with the regulations
of the ordinances of this municipality. Not more than one opening shall be
permitted for each 50 feet of street frontage provided that where the street
frontage of said lot exceeds 50 feet, the total width of all openings shall
not exceed 20% of the total street frontage not declared in the application.
D.
No car shall be parked on a street frontage not declared
which will encroach on or over the line of the street. Boundaries of said
lot other than on a declared street front frontage shall, where not otherwise
clearly indicated, be marked with a white line at least four inches in width
or erected in front of the setback or building line established by the ordinances
of the Borough of Middlesex. Where said fence is installed it shall not encroach
on or over said line of the street.
A.
The surface of the premises on which such business is
conducted shall be completely covered by a hard-surfaced pavement with adequate
drainage facilities to the street.
B.
No motor vehicle shall be parked on such premises nearer
than four feet to any frame building.
C.
The licensee shall at all times maintain order within
such premises, shall refrain from creating or allowing undue noise therein,
shall not permit smoke or dust to escape from the premises so as to constitute
a public or private nuisance and shall keep such premises in as neat and orderly
a condition as the nature of the business will allow.
D.
The holder of a license shall keep the same posted in
a conspicuous place in the place of business maintained as herein required.
The hours during which any licensed premises may be used for the conduct
of such business shall be as follows:
A.
On weekdays, from 8:00 a.m. to 10:00 p.m., on Sundays,
from 9:00 a.m. to 9:00 p.m. All illumination on said lot or land, other than
the minimum necessary to provide protection, such as guard or night lights,
shall be extinguished no later than 10:00 p.m. on weekdays and no later than
9:00 p.m. on Sundays. Such illumination as is used shall be installed and
constructed in such a manner as to deflect the lights from the public highway
and from adjacent buildings. The purpose of this provision is to provide for
the safety of the travelling public by the elimination of the glare of lights.
Every license shall expire, unless sooner revoked, on the 31st day of
December of the year in which it was issued. Any license may be revoked or
suspended by the Mayor and Council, upon the conviction of the licensee of
violation of any of the provisions of this chapter, and after a hearing upon
reasonable notice at which the licensee shall have an opportunity to be heard.
The penalty of suspension or revocation herein provided shall be in addition
to any other penalties for violation of this or any other ordinance of the
Borough.
The annual license fee shall be as follows:
Any person who violates this chapter or any part thereof shall upon
conviction forfeit and pay a fine not exceeding $200 or be imprisoned for
a time not exceeding 90 days, or both for each and every offense.
