San Jose Municipal Code Part 1 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 26476.)

A. "Auto body repair shop" means any operation not otherwise expressly excluded by subsection C. that is a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed.

B. "Auto body repair shop" includes any of the following activities:

1. Repairing motor vehicles, including, with limitation, the removal of integral parts or component materials of motor vehicles for the purpose of repairing those motor vehicles, parts or materials; or

2. Buying, selling or dealing in motor vehicles for the purpose of repairing motor vehicles on site; subject to subsection B.1. above; or

3. Buying, selling or dealing in component materials or integral parts of motor vehicles, in whole or in part, for the purpose of repairing motor vehicles on site; or

4. Buying, selling or dealing in used motor vehicle parts for the purpose of repairing motor vehicles on site; or

5. Refurbishing, repairing, cleaning, painting or renovating motor vehicles or component materials or integral parts of motor vehicles.

C. "Auto body repair shop" does not include premises on which two or more registered and operable motor vehicles are held or stored, only if the motor vehicles are used, or intended to be used, for one of the following purposes:

1. Restoration or replacement parts or otherwise in conjunction with any business of a licensed dealer, manufacturer, or transporter of motor vehicles; or

2. Restoration or replacement parts or otherwise in conjunction with the operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property; or

3. Premises or property used in conjunction with any agricultural, farming, mining, or ranching business; or

4. The occasional and incidental repair of motor vehicles by dealers, as defined under state law, who have secured dealer's plates from the department of motor vehicles of the state of California for the current year and whose principal business is buying and selling new and used motor vehicles; except that those dealers who maintain an auto body repair shop as defined above shall fall under this definition.

(Ord. 26476.)

"Automotive repair dealer" means any person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.

(Ord. 26476.)

"Director" means the director of the department of planning, building and code enforcement or the director of such other department the city manager may designate to administer and enforce the provisions of this chapter.

(Ord. 26476.)

"Motor vehicle" means a passenger vehicle required to be registered with the department of motor vehicles, all motorcycles whether or not required to be registered by the department of motor vehicles, motorhomes, trailers, scooters and all other motorized and nonmotorized vehicles, but does not include pedal powered vehicles.

(Ord. 26476.)