[Ord. No. 393 §1(620.010), 1-18-1986]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
An automobile, truck, motorcycle, or other trackless, self-propelled
vehicle designed primarily to transport persons or property over public
streets and highways.
Any place, indoors or outdoors, where motor vehicles are
repaired for a charge and any place where the work of repairing motor
vehicles is carried on as an incident to any other traffic in motor
vehicles or their parts or equipment, except that a place where solely
minor repair work is done is not a motor vehicle repair shop.
Work performable in less than one (1) hour which does not
require any substantial dismantling including tire changing or repairing;
lamp globe changing; fan belt changing; the charging or changing of
batteries; and the installation of such other minor parts or the making
of such trivial repairs as is customarily done as an incident to the
business of selling motor fuel, oil, or accessories.
Any work other than minor repair work done on the premises
of a motor vehicle repair shop which required direct or indirect physical
contact with a motor vehicle or part thereof, including but not limited
to such repairs as: spray painting; body, fender, clutch, transmission,
differential, axle, spring and frame repairs; major overhauling of
engines or radiators requiring removal thereof; or recapping or retreading
of tires.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. No. 393 §1(620.020), 1-18-1986]
A.
All
persons operating motor repair shops shall conduct and conform the
activity of such business so it complies at all times with these minimum
standards of operation:
2.
The business, in all facets, shall be a permitted use under applicable
zoning laws.
3.
The premises shall contain one (1) hand chemical fire extinguisher
for each ten (10) motor vehicles for which accommodations are offered.
4.
A written report shall be filed within twenty-four (24) hours with
the Chief of Police providing all available identification information
for the customer, owner and vehicle of any vehicle which:
a.
Shows evidence of gunshot damage,
b.
Shows evidence of mutilated or altered serial number for the motor
vehicle or any engine part,
c.
Shows evidence of tampering with the odometer,
d.
Shows evidence of being stolen, or
e.
Remains on the premises for more than fourteen (14) consecutive days,
or for more than thirty (30) days in any sixty (60) consecutive days.
5.
The exterior premises shall be maintained:
a.
Completely clear of all rubbish, debris, vehicle parts, and other
refuse matter; provided, same may be contained within lidded trash
barrels or containers placed on the exterior; and
b.
Completely clear of any grass or weeds exceeding six (6) inches in
height and any wild brush or vegetation; provided, trees and landscaped
grounds are excluded from this requirement.
7.
Motor vehicles kept on the open exterior premises shall be parked
on a concrete or asphalt surface area. There shall be a minimum of
three (3) feet between parked vehicles and each vehicle shall be a
minimum of ten (10) feet from any roadway. Minor repair work on a
motor vehicle may be performed on the open exterior premises if completed
within a maximum of two (2) consecutive hours.
8.
No motor vehicle can be kept, parked or stored on the premises for
more than thirty (30) consecutive days or more than forty-five (45)
days in any sixty (60) consecutive day period.
9.
The hours of operation may not begin earlier than 7:00 A.M. or end
later than 9:00 P.M.
10.
Off-road vehicles, such as used in construction and farming, are
prohibited.
[Ord. No. 393 §1(620.030), 1-18-1986]
On written application and after determining a hardship exists and the public health, safety and welfare will not be significantly effected the Board of Aldermen may grant an exception to any of the minimum standards of operation in Section 620.020. The terms of the exception shall be in writing and shall be publicly posted on the business premises. The exception may avoid the standard entirely or partially, be given with or without conditions, and be for any time period not exceeding the term of the current business license.
[Ord. No. 393 §1(620.040), 1-18-1986; Ord. No. 617 §1, 7-8-2009]
It shall be unlawful for any person to operate a motor vehicle repair shop that is in violation of any of the minimum standards of operation in Section 620.020; and upon conviction such person shall be subject to a fine up to a maximum of one thousand dollars ($1,000.00).
[Ord. No. 393 §1(620.050), 1-18-1986]
Each instance of a violation of any of the minimum standards
of operation shall constitute a separate violation on each day that
it exists.
[Ord. No. 393 §1(620.060), 1-18-1986]
A.
In addition to the grounds stated in Chapter 605, the Board of Aldermen may suspend, revoke or not renew the business license for any motor vehicle repair shop upon a finding after notice and public hearing in accord with Chapter 605 procedures that:
1.
The licensee has been convicted of three (3) or more violations of
the minimum standards of operation concerning at least two (2) different
offense dates occurring within a twelve (12) month period.
2.
The licensee has been convicted of five (5) or more violations of
the minimum standards of operation concerning at least three (3) different
offense dates occurring within a twenty-four (24) month period.
3.
The licensed business is being conducted in a substantial and continuing
disregard for the minimum standards of operation so as to be detrimental
to the public health, safety or welfare, or so as to constitute a
nuisance.
