Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 220.
Peddling, canvassing, soliciting and itinerant vending — See Ch. 361.
Streets and sidewalks — See Ch. 444.
Vehicles and traffic — See Ch. 505.
Zoning — See Ch. 540.
[Adopted 4-28-1937 by Ord. No. 786 (Ch. 213, Art. I, of the 1989 Code)]
No person or persons, firm or corporation shall engage in the business of, storage of or buying and selling of secondhand automobiles or parts thereof in the Borough of Hawthorne without first obtaining a license so to do.
[Amended 5-15-1957 by Ord. No. 990; 8-3-1977 by Ord. No. 1297]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any used-car lot dealer or prospective used-car lot dealer seeking a license to engage in the business of operating a used-car lot.
USED-CAR LOT
Any premises wherein and upon which the business of storing, dismantling, displaying, buying, selling or otherwise dealing in secondhand automobiles or other used motor vehicles and trailers or parts thereof is conducted, except that this article and the within definition shall not apply to or be deemed to include secondhand motorcycles when such business is conducted as an accessory use to a new motorcycle dealership.
USED-CAR LOT DEALER
Any person, firm, partnership, corporation or other business association engaged in the business of operating a used-car lot.
USED-CAR LOT, WHOLESALE
Any premises wherein used-car sales are conducted, as defined herein, where all such sales are made on a wholesale basis, to other used-car dealers, and no such sales are made to retail customers. For purposes of this article, a wholesale used-car dealer shall be subject to the same terms and conditions as a retail used-car dealer, including the payment of licensing fees pursuant to Chapter 220, Fees, but shall be prohibited from engaging in used motor vehicle sales except to wholesale customers who are also used-car dealers.
[Added 12-2-2009 by Ord. No. 2000-09]
The make, model, engine number and serial number of all motor vehicles received by any person or persons, firm or corporation engaged in the business of used-car lot dealer shall be reported within 24 hours after the receipt thereof and before the same are dismantled or otherwise disposed of to the Chief of Police of the Borough of Hawthorne.
A. 
It shall not be lawful for any used-car lot dealer to permit any vehicle received on any premises in the Borough of Hawthorne to be or remain in the open in such a manner that rainwater shall collect and remain on or in any of the parts thereof for a longer period than 24 hours.
B. 
All parts of any motor vehicles so designed as to collect and hold rainwater if left exposed in the open shall be housed in a watertight building with a foundation and floor so constructed of concrete, brick or other suitable material so as to prevent the harboring therein of any cats, dogs, rats, mice or vermin.
It shall not be lawful to stack, pile or place parts of motor vehicles upon said premises in such manner as to create a fire hazard or to create a place for the harboring or breeding of cats, dogs, rats, mice or vermin.
It shall not be lawful to stack, pile or place any part or parts of said motor vehicles within 20 feet of the curbline of the street adjacent to or in front of said premises, and all parts of motor vehicles shall be so piled, stacked or placed on said premises as to prevent injury to persons lawfully passing along the sidewalk in front of said premises.
[Amended 8-28-1940 by Ord. No. 831; 12-20-1989 by Ord. No. 1510]
Every person, firm, partnership or corporation engaged in the business of used-car lot dealer shall pay a license fee as set forth in Chapter 220, Fees, and such license shall be valid for one year from the date of issuance, except that the initial license fee for the first year in which such business is established shall be as set forth in Chapter 220, Fees. Said fees shall be imposed for revenue.
A. 
All persons, firms or corporations now engaged in or hereafter to be engaged in the business of used-car lot dealer shall, from and after the effective date of this article, make application to the Borough Clerk, who is hereby designated as the licensing officer for the purpose of this article. Said application shall be in writing and shall set forth the name of the person or persons, firm or corporation and their respective addresses and principal place of business and shall describe the premises upon which said business is to be conducted, giving the street frontage and approximate depth of said premises, and said application shall be accompanied by the license fee hereinabove provided, and the Borough Clerk is hereby directed to present said application to the Municipal Council of the Borough of Hawthorne at their next regular meeting and is hereby authorized to issue a license to such person or persons, firm or corporation after it has been approved by the Municipal Council of the Borough of Hawthorne upon recommendation by the Commissioner of Public Safety. All persons, firms or corporations, upon the expiration of any license granted hereunder, shall make application to the Borough Clerk for a license to conduct said business for the ensuing year and shall pay for said license the same fee as hereinabove set forth.
B. 
Attached to such application shall be plans and specifications showing in detail the following:
[Added 5-15-1957 by Ord. No. 990]
(1) 
The location and size of the property upon which the proposed new used-car lot is to be established.
(2) 
The material with which such proposed new used-car lot is to be paved and the depth of such pavement.
(3) 
The drainage system to be installed in connection with said proposed new used-car lot and its relation to any sewer system, storm sewer or storm drain.
(4) 
The location and a complete description of the fence to be erected on said proposed new used-car lot, including the kind of material to be used in building the same and the setback distances of the fence from the curbline of the street or highway upon which such new used-car lot is to front and from the boundary lines of adjacent properties and the sidewalk of any other street or highway, if any, on which said new used-car lot is located.
(5) 
The location and size of the gateway in connection with the fenced-in area.
(6) 
The location and size of the building to be erected on said proposed new used-car lot, the type of materials to be used in its construction and its drainage and ventilating system.
(7) 
A statement of any criminal convictions of the applicant, including a statement of any indictments, presentments or complaints against the applicant which did not lead to conviction.
(8) 
A statement of any judgments against the applicant, including a statement of any proceeding as to insolvency, receivership or bankruptcy involving the applicant.
The Health Officer designated by the Board of Health of the Borough of Hawthorne and the Chief of Police and police officers of said Borough are hereby authorized and directed during reasonable business hours to make reasonable periodic inspections of all said premises and buildings for the purpose of ascertaining that said business is being conducted upon the licensed premises in accordance with the provisions hereof.
[Amended 5-15-1957 by Ord. No. 990]
A. 
Every new used-car lot established from and after the effective date of this article shall have a property line frontage of not less than 100 feet and a depth of not less than 150 feet.
[Amended 1-6-1958 by Ord. No. 996]
B. 
Such new used-car lot shall be paved with concrete, bituminous penetration macadam pavement or other equivalent materials, all of good quality. The laying of such pavement and all work performed in connection therewith shall be done in accordance with generally accepted engineering practices. Such pavement shall thereafter be maintained in a good state of repair.
C. 
There shall be installed in connection with said new used-car lot an adequate drainage system to drain away, quickly and at all times, all surface waters, so that no pools of water may form, at any time, on said new used-car lot or any water flow from said new used-car lot onto the street or sidewalk or on any adjoining land. The installation of such drainage system and all work performed in connection therewith shall be done in accordance with generally accepted engineering practices. Such drainage system shall not be installed in such a way as to interfere with, prevent or affect, in any manner, the proper maintenance or adequate functioning of any sewer system, storm sewer or storm drain of the Borough or diminish its effectiveness.
D. 
A four-foot high fence shall be erected within 20 days after a license is granted and thereafter shall be maintained in a good state of repair on said new used-car lot, which fence shall be set back a distance of at least 35 feet from the curbline of the street or highway upon which said new used-car lot fronts, and the sides and rear of said fence shall be set back a distance of at least 15 feet from the boundary lines of adjacent properties and from the sidewalk of any other street or highway, if any, on which said new used-car lot is located. Said fence shall be erected of noncorroding material, strong enough to withstand the impact of any runaway motor vehicle or any motor vehicle that may get out of control. All ingress and egress to and from the fenced-in area of said new used-car lot shall be by way of a gateway not more than 20 feet in width, which shall be located fronting the street or highway upon which said new used-car lot fronts, to ensure traffic safety.
[Amended 1-6-1958 by Ord. No. 996]
E. 
No secondhand automobile or other used motor vehicle or trailer or parts thereof shall be stacked, stored, dismantled or displayed on said new used-car lot except within the aforesaid fenced-in area. No parts of any automobile or other motor vehicle or trailer shall be stacked or stored in the open on said new used-car lot, but all parts of any automobile or other motor vehicle or trailer shall be stacked or stored in a building in such fenced-in area. All automobiles or other motor vehicles and trailers which, because of their make or condition, will collect and hold rainwater shall be stored, dismantled and displayed in such building and shall not be allowed to remain in the open.
F. 
Said building mentioned in Subsection E above shall be erected watertight and be fireproof, with the foundation and flooring thereof constructed of concrete or other equivalent materials so as to prevent the harboring therein of any animal life, rodents, vermin or insects. The floor of such building shall have proper and efficient drainage facilities and any waste material, such as gasoline, oil and grease, but not limited thereto, shall be removed from the floor not later than the closing time of such new used-car lot for the day so as to eliminate the danger of fire. Such building shall provide for adequate ventilation to prevent the accumulation of noxious or poisonous gases or fumes in such quantity as to be dangerous to occupants and users of such building and to prevent the outbreak of fire or explosion from spontaneous combustion.
[Amended 5-15-1957 by Ord. No. 990]
Nothing in this article shall be interpreted or construed to waive or permit any deviation from the higher requirements of any other law or ordinance which is or may be applicable with particular reference to any other law or ordinance governing sanitation and ventilation.
[Amended 5-15-1957 by Ord. No. 990]
No used-car lot or used-car lot dealer license shall be issued or be renewed to any person who is not of good moral character, nor shall such license be issued or renewed to any firm, partnership, corporation or other business association in which a principal person in interest therein is not of good moral character. Conviction of a crime involving moral turpitude or of an attempt to commit a crime or any act involving criminal negligence shall be deemed conclusive evidence that the applicant is not of good moral character if the said criminal act took place within 10 years prior to the date of application for a license.
[Amended 5-15-1957 by Ord. No. 990]
Any license may be revoked by the Municipal Council of the Borough of Hawthorne upon reasonable and sufficient cause being shown, but no license may be revoked until the licensee is given reasonable notice of the action to be taken against such licensee and a hearing on the action is granted.
Any application for a license may be declined or refused and any license may be revoked for sufficient cause appearing to the Municipal Council of the Borough of Hawthorne so to do. No license may be revoked until such licensee shall be afforded a hearing, with reasonable notice, before the Municipal Council of the Borough of Hawthorne.
[Amended 12-20-1989 by Ord. No. 1510; 6-6-2007 by Ord. No. 1902-07]
Any person or persons, firm or corporation violating any of the provisions of this article shall pay, on conviction thereof, a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.
[Adopted 8-3-1977 by Ord. No. 1298 (Ch. 213, Art. II, of the 1989 Code)]
No person, firm, partnership, corporation or other business association shall conduct, operate or engage in the business of storing, dismantling, displaying, buying, selling or otherwise dealing in secondhand motorcycles as an accessory use to a new motorcycle dealership which is not subject to the regulations and licensing provisions of Chapter 516, Article I, Automobile Dealerships, as amended and supplemented, without first having secured a license therefor from the Borough Clerk and having paid the required license fee.
All applications for licenses hereunder shall be made in writing to the Borough Clerk, who is hereby designated as the licensing officer for the purpose of this article, and shall be accompanied by a license fee as set forth in Chapter 220, Fees, upon initial application and upon each annual renewal thereafter. Said application shall set forth the name and address of the applicant, who shall be the person, firm, partnership, corporation or other business association who is or will actually conduct such business, and in the case of applicants other than persons, shall include the names and addresses of all persons owning or holding a beneficial interest in the applicant of 10% or more. Said application shall further include:
A. 
The lot and block number as shown on the current Tax Assessment Map of the Borough and the street address of the premises upon which the business is to be conducted.
B. 
The name and address of the owner of the premises, if different than the applicant.
C. 
A statement of any criminal convictions of the applicant, including all named persons having a beneficial interest in applicant of 10% or more.
D. 
A statement of any judgments against the applicant, including a statement of any proceeding as to insolvency, receivership or bankruptcy involving the applicant.
A. 
Upon receipt of an application for a license hereunder, the Borough Clerk shall refer said application to the Municipal Council for review and approval or disapproval, and the Municipal Council shall consider the following matters:
(1) 
No license shall be issued or renewed to any applicant who is not of good moral character or in which a principal person in interest therein is not of good moral character.
(2) 
Conviction of a crime involving moral turpitude or of an attempt to commit such a crime or any felony or offense involving criminal negligence or fraud shall be deemed conclusive evidence that the applicant is not of good moral character if the said criminal act took place within 10 years prior to the date of application for a license.
B. 
Upon completion of the review of the application, the Municipal Council shall approve or disapprove the same, but, upon disapproval, the applicant shall be notified, in writing, of the reasons for such disapproval. Upon approval of the application, the Borough Clerk shall issue the license, which shall remain in force and effect until December 31 of the year for which the same is issued or renewed. Renewal applications shall be processed in the same manner as initial applications.
Any license issued or renewed hereunder may be suspended or revoked by the Municipal Council upon reasonable and sufficient cause being shown, but no license may be revoked until the licensee is given reasonable notice of the action to be taken against such licensee and a hearing is conducted at which the licensee shall be entitled to appear and be heard.