Modesto Municipal Code Ch. 9 Automobile Businesses

(a) The City Council finds and declares as follows:

(1) The City of Modesto has experienced an excess of automobiles associated with businesses ("Automobile Businesses") parked and stored on City streets and within residential neighborhoods.

(2) Excess parking and storage of automobiles in residential neighborhoods degrades the aesthetic character of residential neighborhoods and streets within the City.

(3) Prohibiting the parking and storage of automobiles associated with Automobile Businesses on City streets is in the public interest and welfare of its residents.

(b) The purpose of this article is to improve the aesthetic appearance of City streets and residential neighborhoods by prohibiting the parking and storage of automobiles associated with Automobile Businesses on such streets.

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)

Except as otherwise expressly set forth herein, the following words and terms as used in this article shall have the following meanings:

(a) "Automobile" shall mean cars, light trucks, motorcycles, mopeds, motor scooters, mobile trailers, commercial vehicles, and other similar forms of vehicular transport.

(b) "Auto Repair Shop" shall mean any shop, building, room, place, or space wherein, for compensation, any automobile, other motor vehicles, or any parts thereof are repaired, remodeled, overhauled, reconditioned, or painted.

(c) "Automobile Dealer" shall mean and include any person engaged in, conducting, managing, or carrying on the business of buying, selling, offering to buy, offering to sell, consigned to be sold, or otherwise dealing in new or used motor vehicles, or both, as the term "motor vehicle" is defined in the California Vehicle Code.

(d) "Automobile wrecking" shall mean the principal use of any premises for the dismantling, demolition, or crushing of any automotive vehicle or for the storage of abandoned or irreparably damaged vehicles.

(e) "Car rental agency" shall mean any business involving the rental, leasing, repossession, or transportation of new or used vehicles for rental or leasing.

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)

(a) No person engaged in conducting or carrying on the business of an automobile dealer, as defined in Section 6-9.102(c), shall store, display, wash, recondition, detail or otherwise perform work on, or park for such purposes any automobile in his/her possession or under his/her control upon any public street or highway. This section shall not apply to any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto dealer are not being performed on the automobile.

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)

(a) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall repair, remodel, overhaul, recondition, or paint any automobile or other motor vehicle, or any parts thereof, in his/her possession or under his/her control, upon any public street or highway.

(b) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall store, display, or park upon any street or highway, any automobile in his/her possession or under his/her control for the purposes of performing repairs, or which is inoperable, has any parts removed therefrom, or is in any way in the process of being painted.

(c) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall store, display, or park upon a public street or highway any automobile in his/her possession or under his/her control unless otherwise authorized on a temporary basis by the City Manager or his or her designee. This section shall not apply to the parking of any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto repair shop are not being performed on the automobile.

(d) The business of auto repair shall only be conducted at a location approved by the Planning Department and shall not be operated as a mobile business that goes house to house or building to building.

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)

(a) No person engaged in conducting or carrying on the business of an auto wrecking shop as defined in Section 6-9.102(d), shall dismantle, wreck, or otherwise tear down any automobile, truck, or parts thereof, in his/her possession or under his/her control, upon any public street or highway.

(b) No person engaged in conducting or carrying on the business of an auto wrecking shop as defined in Section 6-9.102(d), shall store, display, or park for any such purposes any automobile in his/her possession or under his/her control, upon any public street or highway. This section shall not apply to the parking of any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto wrecking business are not being performed on the automobile.

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)

(a) No person engaged in conducting or carrying on the business of a car rental agency, as defined in Section 6-9.102(e), shall store, display, or park for such purposes any automobile in his/her possession or under his/her control upon any public street or highway.

(b) This section shall not apply to any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the California Department of Motor Vehicles, as long as the vehicle is not for rent or lease by the owner of the business. This section shall not apply to any automobile rented or leased by an individual from a car rental agency."

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)

Title 1, Chapter 6, of this Code established the administrative enforcement of remedies for violations of this Code and applicable State Codes. The general remedies include administrative abatement, summary abatement, civil penalties, administrative citations, recordation of notices of violation and mediation. The City may pursue any of these administrative remedies for violations of this chapter and may also revoke any permit issued by the City.

(Ord. No. 3751-C.S. , § 2, effective 11-10-22)