Maywood Municipal Code Ch. 1 Automobile Sales Yards

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Automobile sales yard" shall mean any open area or space used or maintained for the sale or exposure or offering for sale of used motor vehicles by a used automobile dealer.

(b) "Used automobile dealer" shall mean a person engaged in, conducting, managing, or carrying on the business of selling or otherwise dealing in used motor vehicles, as such term is defined in the Vehicle Code of the State, and who buys for the purpose of reselling, or who sells at a price greater than that originally paid therefor, two (2) or more used motor vehicles in one calendar year, or who sells two (2) or more used motor vehicles a year for a commission.

(§ 2, Ord. 349)

No person shall establish, locate, or maintain any automobile sales yard upon any premises or lot or parcel of land in the City without first obtaining a permit from the Council so to do. It shall be a misdemeanor for any individual or property owner to allow the unpermitted sale of automobiles or any other powered vehicle on the public right-of-way or any other property not specifically zoned for auto sales. Where auto sales are permitted by the underlying zone, such sale must be the primary use unless specifically provided for by the zoning ordinance.

At the option of the City, automobiles displayed in violation of this section may be towed by a City authorized tow company pursuant to administrative rules and regulations established for impounding of vehicles.

(§ 1, Ord. 349, as amended by § 1, Ord. 00-465, eff. June 8, 2000, and § 1, Ord. 00-466, eff. July 13, 2000)

Any person desiring to establish an automobile sales yard upon any premises within the City shall file with the City Clerk an application requesting the Council to grant a permit for such purpose. Such application shall specify the block and place where the proposed yard is to be opened and maintained.

(§ 3, Ord. 349)

(a) Inspection by Health Officer. No such permit shall be issued until the Health Officer has made, or caused to be made, a sanitary inspection of such proposed automobile sales yard. Upon the completion of such sanitary inspection, if such yard complies with all the provisions of the health laws of the State, County, and City applicable thereto, the Health Officer shall endorse his approval upon the application for such permit.

(b) Approval by Fire Chief. No such permit shall be issued until it shall have been approved by the Fire Chief. No such application shall be approved by the Fire Chief until he is satisfied that the business is to be operated in compliance with all City laws.

(§ 5, Ord. 349)

Permits for the establishment and maintenance of automobile sales yards shall not be issued until there shall have been deposited with the City Clerk a fee in the amount of Four Hundred and no/100ths ($400.00) Dollars for the first year's permit. Such fee shall cover the costs of inspections by the Health Officer and the Fire Chief and shall be in lieu of all license fees for the first year. For each year thereafter the regular business license tax shall be paid as provided in Article 2 of Chapter 1 of Title 3 of this Code, and no further permit fee shall be payable after the first year's permit has been issued; provided, however, no permit fee shall be payable for any proposed used car lot when such proposed used car lot has been used as such after an inspection and approval within one year previous to the date of the application.

(§ 9, Ord. 349, as amended by § 2, Ord. 78-171, eff. June 27, 1978)

(a) Grounds. In the event any person holding a permit to conduct an automobile sales yard, in the judgment of the Council, shall violate, or shall cause or permit to be violated, any of the provisions of this chapter, or any State law applicable to the conduct of such automobile sales yard, or any City or County law applicable thereto, the Council may suspend or revoke the permit of occupancy covering such premises.

(b) Hearings: Notices. No permit shall be revoked until a hearing shall have been held by the Council in the matter of the revocation of such permit. Notice of the hearing shall be given in writing and shall be served at least five (5) days prior to the date of the hearing upon the holder of such permit or his manager or agent. The notice shall state the grounds of complaint against the holder of the permit, or against the conduct of his premises, and shall state the time and place where such hearing is to be held. The notice shall be served upon the holder of the permit or his agent by delivering to such person, or to his manager or agent or to any person in charge of or employed in the premises, a true and correct copy of such notice, or by leaving a copy of such notice at the place of business or residence of such person with some member of his family.

(§ 8, Ord. 349)

The proprietor of every automobile sales yard within the City shall apply to the Council for an annual permit to maintain such automobile sales yard. Such permit shall be revocable and shall be issued only after compliance with the provisions of Section 5-1.04 of this chapter.

(§ 7, Ord. 349)

It shall be unlawful for any person to engage in the repairing, overhauling, dismantling, rebuilding, reconditioning, or in any other mechanical work upon automobiles within any automobile sales yard unless such work shall be done within a building provided therefor located upon the premises. It shall be permissible to make only minor adjustments and repairs outside a building.

(§ 6, Ord. 349)