Duarte Municipal Code Ch. 5.60 Used Car Dealers

The business of buying, selling and dealing in used automobiles (which shall not include those whose principal business is selling or dealing in new automobiles, and who sell or deal in used automobiles only as an incident to their new car business) may be conducted outside of a building, only when said business maintains an office or place of business within a building, which office shall be adjacent to or upon the same lot or upon a lot separated only from the lot used for the display of used automobiles by a street or alley, and when a sign of approximately twenty square feet in area on the vacant lot shall recite the location of the office or place of business in an adjacent building of the person, firm or corporation conducting the used car business.

(Ord. 72 § 91(a), 1960)

The license fee for a used car business shall be established by city council resolution.

(Ord. 443 § 9, 1978: Ord. 363 § 24, 1974: Ord. 268 § 25, 1970: Ord. 72 § 91(b), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The business of selling or dealing in used automobiles in connection with and as an incident to the business of selling and dealing in new automobiles may be conducted outside of a building and on a vacant lot only insofar as it is necessary to display the automobiles and the principal business of the person so using the vacant lot is the sale of new automobiles, which business is conducted in a substantial, permanent building adjacent to or on the same lot or upon a lot separated from the lot used for the display of used automobiles only by a street or alley or on a lot on the same street and in view of the business, or which new car business is now and for at least two years last past has been conducted in a substantial, permanent building in the city.

(Ord. 72 § 92(a), 1960)

A new car dealer shall maintain a sign of approximately twenty square feet in area on the vacant lot used for the display of used automobiles, which sign shall give the name of the dealer and the location of his new car business.

(Ord. 72 § 92(b), 1960)

A lot used for the display of used automobiles shall be graded and graveled or paved, except that the front ten feet thereof adjacent to any public sidewalk and the parkway between the sidewalk and the curbing and a portion thereof five feet in width adjacent to the public sidewalk, and the portion between any street and the curbing along the street, shall be planted to grass. The grassed portion shall be separated from the graveled or paved portion by a hedge approximately eighteen inches high. The grass and hedge shall be maintained in good condition under the supervision of the park superintendent of the city of Duarte. Failure to maintain the planting as required by the park superintendent shall be grounds for revoking any such license; provided, further, that the lot so used shall be separated from any adjacent property in a residential zone by a hedge or wall approximately six feet high. Any such lot shall be improved in accordance with a general plan of improvement which has been or may be approved by the city council.

(Ord. 72 § 92(c), 1960)

There shall be no license fee for a used car business conducted as an incident to a new car business, but if a vacant lot at another noncontiguous location is used for the display of used cars, a permit fee shall be paid as provided in Section 5.60.020; provided, that a lot separated from the new car business premises only by a public street or easement shall be considered to be contiguous to the premises.

(Ord. 72 § 93(a), 1960)

No license shall be issued under Section 5.60.080 to 5.60.100 until it is approved by the director of finance. All licenses granted hereunder shall be granted by the director of finance after reviewing the circumstances and the need for such used car lot. Each separate used car lot shall require a separate license, and not more than one used car lot shall be maintained at a separate location, nor shall more than one used car license at a separate location be granted to any new car dealer or any new car sales establishment in Duarte.

(Ord. 72 § 93(b), 1960)

The licenses issued under Section 5.60.080 to 5.60.100 shall entitle the licensee to use a small, temporary office, such a trailer, provided it is set back at a distance of one hundred feet from any city street and a distance of fifty feet from any side street; and no building or trailer of any kind shall be used unless the same be set back from the street as hereinabove provided. Disregard of this provision shall be sufficient cause for the director of finance to revoke the permit granted to the licensee under Sections 5.60.080 to 5.60.100.

(Ord. 72 § 93(c), 1970)