Fresno County Municipal Code Ch. 10.36 Used Vehicle Sales

The board of supervisors finds and declares that:

A. State law requires that dealers of motor vehicles be licensed by the Department of Motor Vehicles. The purpose for licensure is to protect the public from unscrupulous and irresponsible persons who sell motor vehicles. As part of the application process, the Department of Motor Vehicles investigates the business history of the applicant. A licensee must operate under the regulation of the Department of Motor Vehicles, post a ten thousand dollar bond to guarantee clear title of vehicles sold, and provide an established place of business for the sale of motor vehicles.

B. Approximately four million used vehicles are sold in the state of California annually. Of that total, approximately one million used vehicles are sold by dealers licensed by the state. Of the remaining three million used vehicles sold, it is estimated that half are sold by unlicensed dealers.

C. Unlicensed dealers create a risk to consumers because they are not subject to regulation and control by the Department of Motor Vehicles, and used vehicles sold may, among other things, not meet all of the safety equipment requirements set forth in Division 12 of the vehicle Code, or may not meet California vehicle smog emission standards, or may otherwise pose a hazard to the public.

D. Dealers licensed by the state are required to maintain a permanent place of business and maintain certain records. However, unlicensed dealers frequently do not have permanent places of business, thereby making it difficult for purchasers of used vehicles to locate or to identify such dealers if they have consumer complaints.

E. In order to display used vehicles to a maximum number of potential customers, persons frequently display used vehicles for sale on vacant lots near well-traveled intersections in the unincorporated area of Fresno County. The use of vacant lots for the sale of used vehicles encourages unlicensed dealer activity, is visually unattractive and creates a traffic safety risk when customers stop because there is frequently little or no off-street parking for customers.

F. Subsection (a) of Section 40000.11 of the Vehicle Code declares that it is a misdemeanor for a dealer of motor vehicles, as "dealer" is defined in Sections 285 and 286 of the Vehicle Code, to engage in such an occupation without a license issued by the state. However, identifying unlicensed dealers for citation or prosecution is difficult. The identification requirements of this chapter are intended to assist in the detection of unlicensed dealers.

G. The purpose of this chapter is not to supersede state law pertaining to the regulation of the sale of motor vehicles. Rather, the purpose of this chapter is to assist the Department of Motor Vehicles and law enforcement personnel in identifying unlicensed dealers of used vehicles and to restrict the sale of used vehicles to premises properly zoned and developed for the sale of motor vehicles.

H. This chapter is adopted as an exercise of the police power of the board of supervisors of the county.

(Ord. 90-016, § 1)

For the purpose of this chapter:

A. "Display a used vehicle for sale" means to place a sign or other form of communication in or upon the used vehicle which expresses a desire to sell the used vehicle and then to park the vehicle. A used vehicle is not being displayed while it is occupied and operating upon a public street or highway.

B. "Premises authorized by law for the display of used vehicles for sale" means any real property zoned, permitted and developed in accordance with the county zoning ordinance to allow the sale of motor vehicles. For purposes of this chapter only, and subject to the qualification set forth in subsection B of Section 10.36.030, "premises authorized by law for the display of used vehicles for sale" includes private residential property belonging to or occupied by the owner of the used vehicle being displayed for sale. The inclusion of residential property in this definition shall not be construed as authorizing a use of the property not otherwise permitted by the applicable zoning regulations.

C. "Sale or "sell" includes exchange, rent or hire.

D. "Used vehicle" means a vehicle that has been sold and operated on the highways of the state, or has been registered with the Department o f Motor Vehicles, or has been sold and operated upon the highways, or has been registered with the appropriate agency of authority of any other jurisdiction.

E. "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 90-016, § 1)

A. Except as provided in subsection B of this section, every person who displays a used vehicle for sale shall post, in a conspicuous place on, and clearly legible from outside of, the used vehicle, the name, address and telephone number of the person offering the vehicle for sale, and the name, address and telephone number of the owner of record of the used vehicle.

B. Subsection A of this section shall not apply to:

1. Used vehicles displayed for sale by a dealer licensed by the state on premises authorized by law for the display of used vehicles for sale.

2. Used vehicles displayed for sale which are parked within one hundred feet of a residence on private residential property owned or occupied by the owner of the used vehicle.

(Ord. 90-016, § 1)

A. No person shall display a used vehicle for sale on premises not authorized by law for the display of vehicles for sale.

B. This section does not prohibit or in any way regulate used vehicles displayed for sale which are otherwise lawfully parked in an off-street parking facility where such parking of the used vehicle for display for sale is incidental to the primary purpose for parking, such as for work, the transaction of business, shopping, dining or attending entertainment events.

C. This section does not prohibit or in any way regulate used vehicles displayed for sale which are otherwise lawfully parked on a public street or highway. However, a used vehicle so parked shall comply with Section 10.36.030.

(Ord. 91-016 § 1)

Any registered owner of a used vehicle, and the person present with the used vehicle selling or attempting to sell the used vehicle, who violates any of the provisions of this chapter shall be guilty of an infraction. The penalty for such a violation shall be a fine in the amount of fifty dollars for the first violation, one hundred dollars for the second violation, and two hundred dollars for the third and all subsequent violations. Each day or portion of day that any violation of any of the provisions of this chapter continues or exists shall be a separate violation.

(Ord. 90-016, § 1)