[Code 1979, § 7.121]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person who engages in the business of purchasing, selling,
trading or exchanging any kind of secondhand motor vehicle and parts
and accessories, or who keeps a store, place or lot for the purpose
of carrying on and/or maintaining the business of purchasing, selling,
trading or exchanging any kind of secondhand motor vehicle and parts
and accessories, is hereby declared to be a dealer in secondhand motor
vehicles.
A car so old and worn or damaged as to not be reasonably
sold as a used car in its then condition, and all cars with flat tires,
worn out or damaged motors, transmissions, differentials, running
gears, and all cars otherwise damaged or in such a condition that
it could not be driven away from the lot on its own power with no
more than one hour's work thereon.
[Code 1979, § 7.122]
No person shall engage in the business of dealer in secondhand
vehicles without first having obtained a license.
[Code 1979, § 7.123]
Any person desiring to operate a used car lot shall file his
written application for such license with the City Clerk, and in the
application shall give the name of the applicant; the name and street
number of the place of residence of the applicant and if a corporation,
the address of its principal office, and such application shall also
state therein the location or lot number where the used car lot is
to be located, and the legal description of the premises to be used.
[Code 1979, § 7.124; amended 5-19-2000 by Ord. No. 2000-03]
The City Clerk shall accept and file all applications for license under this article, when accompanied by the requisite fee set pursuant to Chapter 38 hereof and shall present the applications to the City Council at the next regular meeting at which a quorum is present.
[Code 1979, § 7.125]
The City Council shall consider the application for a license
under this article and if its members consider the premises in the
application a proper and suitable location for the business to be
conducted thereon, and the applicant a suitable person to conduct
the business, the Council shall authorize the issuance of the license.
If for any reason the location of the lot does not meet the requirements
of this article, the application shall be denied. If the applicant
is not a suitable person to operate the used car lot the application
shall be denied. If the lot is located in a residential district,
the license shall not be granted until the applicant files with the
Clerk written consent of 65% of the residents residing on both sides
of the street, within 500 feet of the lot.
[Code 1979, § 7.128]
Any license issued under this article may be automatically renewed
at the expiration thereof by the City Clerk, provided, however, that
if the licensee has violated the terms of this article within the
past year, or has failed to comply with the rules and regulations
contained in this article, or if there are complaints in writing from
three or more people about the used car lot, the manner of operation
or about the applicant or his manner of operation, the application
shall be referred to the City Council, as was the original application
as described in this article.
[Code 1979, § 7.126]
No junked or wrecked cars shall be kept or stored upon any used
car lot licensed under this article for more than 24 hours, except
that a wrecked car may be displayed for not to exceed seven days when
it is displayed as an example during a safe-driving week, so proclaimed
by the Mayor.
[Code 1979, § 7.127]
All spare or extra tires, used or spare parts, tools and equipment
had and used in connection with the used car lot licensed under this
article shall be kept or stored within an enclosure such as a building,
bin, etc., and shall not be kept lying around in the open. No junk
or worn out parts, worn out tires or equipment or smashed fenders
or automobile parts shall be kept or stored on any such used car lots.
