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HomeMy WebLinkAbout1985-05 - Regulations for the Sale of Used Motor Vehicles~ BILL N0. 85-5 ORDINANCE NO. 85-5 AN ORDINANCE CREATING, ADOPTING AND ENACTING REGULATIONS FOR THE SALE OF USED MOTOR VEHICLES WITHIN THE CITY OF RIVERSIDE, MISSOURI AND PROVIDING FOR CRIMINAL PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF RIVERSIDE, MISSOURI THAT: WHEREAS, numerous complaints have come from citizens with regard to the used motor vehicle lots within the City, and WHEREAS, the failure to have a hard surface lot has caused dust and pollution, and WHEREAS, Numerous access problems have been ;caused by the failure to have clearly defined entrances and exits, and WHEREAS, the failure to have customer parking areas results in danger to the public health and welfare, and WHEREAS, toilet facilities are necessary for the public health and welfare. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: SECTION 1: PURPOSE. The purpose of this ordinance is to provide for the regulation of the sale of used automobiles within the City of Riverside, Missouri, to require that any dealer selling such used automobiles shall obtain a permit from the City of Riverside, Missouri, and to set forth proper standards for the care and maintenance of premises upon which used automobiles are sold. SECTION 2: USED MOTOR VEHICLE DEALERS. All persons and firms who maintain for sale more than one used automobile or one vehicle for more than sixty days at any one time shall be designated as "used motor vehicle dealers" and shall be required to obtain a used motor vehicle dealer permit from the City of Riverside, Missouri and shall comply with the terms and conditions of this ordinance. SECTION 3: PERMIT. Each person or firm designated as a "used motor vehicle dealer" shall obtain a permit from the City of Riverside, Missouri, allowing said person or firm to engage in the sale of used automobiles within the city limits of Riverside, Missouri. for a period of one (1) year. It shall be unlawful for any "used motor vehicle dealer" to engage in the sale of used automobiles within the city limits of Riverside, Missouri without obtaining such a permit. SECTION 4: APPLICATION PROCEDURE. The permit described in this ordinance may be issued by the Board of Aldermen upon proper application. The Board of Aldermen shall prescribe the proper form of the permit application. The City Clerk shall keep a supply of said application forms for distribution to any and all interested applicants. Proper application to be defined as City of Riverside's business license, special use permit, if required by zoning order, change of use, if applicable; and to be accompanied by a plot plan of the premises on which business is proposed and to include location and square footage of hard surface or asphalt parking area and proposed parking plan and such other information as the Board of Aldermen may require. SECTION 5: PERMIT LIST. It shall be the duty of the City Clerk to keep a complete record of all used motor vehicle dealer permits issued by the Board of Aldermen. SECTION 6: TRANSFER PROHIBITED. The permits issued pursuant to this ordinance shall be purely a personal privilege, and shall be valid for a period not to exceed one (1) year after issuance unless sooner revoked by the Board of Aldermen and may not be transferred to any other potential "used motor vehicle dealer". Such permits shall cease upon the death of the permit holder provided that the executor or administrator of the estate of a deceased permit holder may continue the business of the sale of used automobiles under the order of an appropriate court for not longer then six months after the death of such permit holder. SECTION 7: CHANGE OF LOCATION. A used motor vehicle dealer's permit shall permit the sale of used automobiles only on the premises described in the application and permit. Such location may be changed only upon the express approval of the Board of Aldermen. SECTION 8: ACCESS TO STREETS. All premises upon which used automobiles are sold shall have no more then two defined access points to adjoining streets. The remaining portion of the premises adjacent to any public street shall be ordered by concrete or asphalt curbing. The perimeter of the remaining portion of the premises shall be bordered by 5" of either concrete or asphalt curbing. SECTION 9: PARKING AREAS. An area shall be allotted on the premises solely for customer parking. All portions of the premises which are used for parking of all automobiles shall be covered with an asphalt surface. SECTION 10: SECURITY. Said premises shall also be furnished with adequate lighting to allow the entire premises to be observed at all hours from the city streets. SECTION 11: OFFICE FACILITIES. All premises upon which used automobiles are sold shall have permanent office facilities. Said facilities shall be housed in a permanent building located on the premises. SECTION 12: 'POILET FACILITIES. All premises upon which used automobiles are sold shall have adequate toilet facilities, which shall be on sewers if sewers are available as otherwise defined by other city ordinances. SECTION 13: CARS ON PREMISES. No motor vehicle may be kept on any premises upon which used automobiles are sold if that motor vehicle has been wrecked or is incapable of being operated under its own power. Any two violations of this section of this ordinance or of Section 14.4 of the Code of the City of Riverside shall be deemed cause for revocation of a permit. The foregoing sentence shall not be applied to limit the City's authority to revoke permits for violation of other sections of this ordinance. SECTION 14: USED MOTOR VEHICLE SALES ONLY, Any used motor vehicle dealer may engage only in sales of used automobiles, except as herein provided. Other motor vehicles (expressly limited to trucks over 3/4 ton, boats, recreational vehicles and motorcycles) may occasionally be sold in the manner provided herein on the premises described in the used motor vehicle permit. There shall be no more than one such other vehicle on the premises at any one time. No such truck, boat, recreational vehicle or motorcycle shall be on the premises more than ninety (90) days. Provided further notwithstanding any other provision of this ordinance, no trucks in excess of. two (2} ton and no vehicles which exceed thirty (30) feet in length shall be kept on the premises. The provisions herein with regard to occasional vehicles shall not operate to increase the motor vehicle limit restrictions on occupational licenses, zoning approvals or special use permits. Provided further, in the event that the special use permit, business license or any other restriction of the City is otherwise more limited; then this ordinance shall not confer any additional rights. SECTION 15: MOTOR VEHICLE REPAIR. No substantial or major mechanical work, including but not limited to engine, transmission, yearend, brake shoes, body work, auto painting except striping, muffler work may be performed on the premises on which motor vehicles are sold. It shall be lawful for insubstantial and minor repair work, including but not limited to replacement of a battery, replacement of windshield wipers, replacement of lighting equipment, replacement of tires, adding lubricants, washing, etc., to take place outside of such building on any premises described in the motor vehicle license. SECTION 16: AUTOMOBILE PARTS AND ACCESSORIES. All automobile parts, equipment and accessories located on any premises in which used automobiles are sold shall be stored inside a building located on said premises. Outside storage of automobile parts, equipment and accessories is prohibited unless the applicant shall first make application to the Planning Commission and the Board of Aldermen and obtain a permit for said outside storage. SECTION 17: APPLICABILITY TO EXISTING BUSINESSES. All sections of this ordinance shall be applicable to existing used motor vehicle dealers doing business within the City of Riverside, Missouri, with the exception of Sections 8 and 11 of this ordinance, which shall not apply to used motor vehicle dealers doing business in the City of Riverside, Missouri, before the passage of this ordinance. SECTION 18: SUSPENSION OR REVOCATION OF PERMIT. Whenever it shall be known by the Board of Aldermen, after an administrative hearing held pursuant to Missouri statutes, that any licensee hereunder is in violation of any of the provisions of this ordinance, the Board of Aldermen may suspend said license for a period not in excess of ninety (90) days or may revoke the license entirely, so long as the licensee is notified and an opportunity for hearing is given to the licensee in accordance with the administrative hearing act of the State of Missouri. SECTION 19: PENALTY. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more then Five Hundred Dollars ($500.00), or by imprisonment in the City jail or Platte County jail not exceeding ninety (90) days or by both such fine and imprisonment. t PASSED THIS 215tDAY OF Mdy , 1985. MAYO' ATTEST: CITY ERK APPROVED THIS 21st DAY OF Mdy , 1985. _~--~ o MAYOR