Ceres Municipal Code Ch. 11 Sales of Vehicles, Vessels, and Other Personal Property

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Other personal property means any type of tangible personal property which is offered for sale.

Vehicle means a vehicle as defined in Vehicle Code section 670, as the same now reads or may hereafter be amended.

Vessel means a vessel as defined in Vehicle Code section 9840(a), as the same now reads or may hereafter be amended.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No person shall park or place a vehicle, vessel, or other personal property upon a public or private street, parking lot, or any public or private property for the purpose of displaying such vehicle, vessel, or other personal property for sale, hire or rental.

A. Section 5.11.020 shall not apply if the real property is properly zoned by the City for such purpose, the vendor is duly licensed to transact such business at that location, and the vendor owns or has lawful possession of said real property or has written permission in his possession from the owner or person in lawful possession of the real property to vend the personal property at the location.

B. Section 5.11.020 shall not prohibit any person from parking or placing a vehicle, vessel or other personal property on private residential property for the purpose of displaying the same for sale, hire, or rental, provided the property displayed on is owned by the person who owns or occupies the residential property on which it is displayed for sale.

C. Section 5.11.020 shall not prohibit any person from placing a vehicle or vessel advertised for sale on the public street immediately adjacent to the private residential property belonging to or occupied by the owner of such vehicle or vessel, so long as such advertising sign is not more than ten inches by 12 inches. The person advertising the vehicle or vessel for sale must be the registered owner of the vehicle or vessel as per Vehicle Code sections 505 and 9853.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The parking or placing of any vehicle or vessel or other personal property with a sign or other advertising device thereon or proximate thereto, indicating such vehicle or vessel or other personal property is for sale, hire or rental, shall constitute prima facie evidence that such vehicle, vessel, or other personal property was parked or placed for the purpose of displaying same for sale, hire or rental.

(Ord. No. 2020-1057, § 1, 3-23-2020)

In any prosecution for violation of this chapter against the registered owner of a motor vehicle or vessel, proof that the particular vehicle or vessel described in the complaint was in violation of this chapter, together with proof that the defendant named in the complaint was at the time the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who placed the vehicle or vessel at the point where, and for the time during which, the violation occurred. The foregoing provisions shall apply only when the notice procedure as established by Vehicle Code sections 40202 et seq., as the same now reads or may hereafter be amended, has been complied with.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any charge under this chapter shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of Vehicle Code section 5602(a) or (b), or section 9905(a) or (b), prior to the date of the alleged violation and has advised the court of the name and address of the purchaser, and of the date of sale.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A violation of this chapter shall constitute an infraction.

(Ord. No. 2020-1057, § 1, 3-23-2020)