Sec. 19-240. - Definitions.

When used in this division, the following terms shall have the following meanings:

Authorized official shall mean the police chief, the director of code compliance, or any other city official designated by the city manager or their designees.

Property and premises shall mean all lots or parcels of land (platted and/or unplatted), together with all buildings, structures, yards areas, parking spaces and contiguous rights-of-way as defined by the Unified Development Code; collectively used for the same, general purpose or use as permitted by zoning.

Reasonable notice to the public shall mean:

(1)

Any method making the sign or wording reasonably visible to a person passing by the perimeter of the property if the property is not open to the public;

(2)

Any method making the sign or wording reasonably visible to a person entering onto the property or passing by the vehicle if the property is open to the public; or

(3)

Any method making the sign or wording reasonably visible to a person passing by the vehicle or perimeter of the property if the vehicle is parked on a right-of-way.

Unauthorized sale shall mean the display for sale of any parked vehicle for which an exemption is not given within this article.

Unauthorized sale vehicle shall mean any vehicle displayed for an unauthorized sale.

Vehicle shall mean a motor vehicle, motorcycle, watercraft, trailer, semi-trailer, camper or recreational vehicle.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-241. - Exceptions.

It shall be an exception to the presumption of an unauthorized sale if:

(1)

The property is zoned residential, and

a.

The registered owner of the vehicle actually resides on the property; and

b.

No more than five (5) vehicles are displayed for sale on a property zoned single family residential during the calendar year; and

c.

No more than one (1) vehicle per property zoned single family residential is displayed for sale at any one time; or

(2)

The vehicle is located on property zoned for such sales and for which a certificate of occupancy for such sales is in effect and for which there is a valid license issued by the state department of transportation for such sales at that location. Any vehicle located on a public right-of-way shall not be included in this exception.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-242. - Unauthorized sale presumed.

(a)

Any vehicle on which is displayed a sign or words giving reasonable notice to the public that the vehicle is for sale shall be presumed to be an unauthorized sale vehicle.

(b)

Any vehicle located on property on which is displayed signage or writing giving reasonable notice to the public that the vehicle on it is for sale shall be presumed to be a unauthorized sale vehicle.

(c)

All vehicles, under the control of one or more sellers acting in concert with each other, located on property on which is displayed signage or writing giving reasonable notice to the public that a non-specified vehicle on it is for sale shall be presumed to be unauthorized sale vehicles.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-243. - Declaration of unauthorized sale vehicle to be a public nuisance.

An unauthorized sale vehicle is hereby declared to be a public nuisance as it:

(1)

Creates a visual blight;

(2)

Increases traffic hazards due to its distractive nature;

(3)

Poses a safety hazard to potential purchasers;

(4)

Disturbs the peace and quiet of residential neighborhoods;

(5)

Tends to attract other vendor types thereby creating a "flea market" atmosphere;

(6)

Causes damage to public property due to curb jumping;

(7)

Causes damage to private property due to accumulations of trash and traffic over unpaved surfaces;

(8)

Fails to protect the legitimate interests of licensed vehicle dealers; and/or

(9)

Fails to protect the public against fraudulent transactions.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-244. - Unauthorized sale unlawful.

(a)

It shall be unlawful for any person or entity to knowingly place or cause to be placed any vehicle in such a manner as to be an unauthorized sale vehicle.

(b)

An offense under this division shall be a parking violation and shall be subject to the maximum fine provided in this article for civil parking violations.

(c)

The remedies within this division are not exclusive and nothing herein shall preclude the city's pursuit of any and all other remedies allowed by City Code or state statute.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-245. - Determination of an unauthorized sale vehicle.

The authorized official shall have the authority to determine if a vehicle is an unauthorized sale vehicle if that official has:

(1)

Personally observed the vehicle to be within the definition and presumption of an unauthorized sale vehicle or can combine his/her observations with another official to satisfy the definition and presumption; and

(2)

Has made a record and has secured the record of any other official's observations stating the specific observations to support the vehicle being within the definition and presumption as well as stating that none of the exceptions to the definition and presumption were applicable.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-246. - Towing of unauthorized sale vehicles authorized.

(a)

Upon determination that the vehicle is an unauthorized sale vehicle and upon the expiration of any time given to correct the unauthorized sale violation, an authorized official, after issuance of a citation or summons, may cause any unauthorized sale vehicle and any property on or in the unauthorized sale vehicle to be removed and stored at a vehicle storage facility at the owner's or person in control of the vehicle's expense.

(b)

Before any unauthorized sale vehicle shall be towed, the city shall first attach in a reasonably conspicuous manner to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle a notice stating that:

(1)

The vehicle is displayed and parked in violation of the prohibition of unauthorized sale;

(2)

The vehicle will be towed and stored at the expense of the owner or person in control of the vehicle if it is not removed from the area by a specified time not to exceed four (4) hours from the date the notice is attached;

(3)

If the vehicle is found to be in violation of the prohibition of unauthorized sale within the next ninety (90) days, it may be towed and stored at the expense of the owner or person in charge of the vehicle without further notice.

(c)

Any towing, storage or other fees incurred due to the towing of an unauthorized sale vehicle shall be in addition to any fine imposed due to the parking violation and shall not lessen such fine.

(d)

If the unauthorized sale vehicle has been noticed within the previous ninety (90) days that it is in violation of the prohibition of unauthorized sale, no further notice or time to correct the violation shall be required before the vehicle may be towed.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-247. - Owner's right to hearing.

(a)

An owner of a vehicle cited and/or towed under this division shall be entitled to a hearing under this article.

(b)

Should the hearing officer determine the person charged is not liable for the violation, the city shall refund all storage and towing payments to the person or entity having made such payments.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Sec. 19-248. - Property owner may remove vehicle.

Nothing within this division shall preclude the owner of the property on which a vehicle is parked from removing a vehicle on the property owner's own initiative. Such removal, however, shall be a private matter and shall not be considered sanctioned or authorized by the city.

(Ord. No. 2006-06-08-0694, § 1, 6-8-06)

Secs. 19-249, 19-250. - Reserved.