Chapter 5-96
VEHICLE BUSINESSES
Sections:
5-96-010 License required—Application—Fee.
5-96-045 Video surveillance system.
5-96-060 Changing identification.
5-96-010 License required—Application—Fee.
No person, firm or corporation shall operate or maintain a vehicle business in the city without first having obtained a license therefor. Applications for such licenses shall be made in writing to the city clerk and shall state thereon the location of the business and the number of cars which can be accommodated therein. The annual license fee for a vehicle business shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3433 § 2, 2021; Ord. 3221 § 25, 2009; Ord. 1921 (part), 1972; prior code § 5-34-1)
5-96-020 Definitions.
For purposes of this chapter:
“Motor vehicle repair business” shall mean a vehicle business that is engaged in the repair of motor vehicles.
“New vehicle dealership” shall mean a vehicle business that is regularly engaged in the sale of new vehicles.
“Parking garage” shall mean a vehicle business that provides parking in a building.
“Vehicle business” shall mean any building or premises used or held out or advertised to the public by the owner or person occupying or maintaining the same for the renting, sale, storage, parking or repair of automobiles or other motor vehicles.
“Vehicle rental business” shall mean a vehicle business that is regularly and primarily engaged in the rental of vehicles. (Ord. 3433 § 3, 2021; prior code § 5-34-2)
5-96-025 Used vehicles sales.
A. Any person who sells used cars is required to have a vehicle business license as set forth in Section 5-96-010 of this code; provided, that this license requirement shall not apply to the single sale of one (1) vehicle that is owned and sold by the property owner or tenant where the vehicle is parked.
B. No person shall engage in the business of selling used vehicles in the city except and unless such business (1) is done in conjunction with a new vehicle dealership and located on the same site as the new vehicle dealership, or (2) is done in conjunction with a vehicle rental business and located on the same site as the vehicle rental business, or (3) regularly maintains an inventory of twenty-five (25) vehicles or more.
C. All used cars sold must be in good working condition. If a vehicle is more than seven (7) years old, it must be certified by a new vehicle dealer as in good condition and the person selling such used vehicle must maintain proof of such certification.
D. The operation of selling used cars must be ongoing throughout the year. Sales of used cars on a temporary or sporadic basis is prohibited.
E. All grounds on which used cars are parked must be paved and marked for parking and kept in good condition. (Ord. 3433 § 4, 2021)
5-96-030 Smoking.
It is unlawful for any person to smoke or light a cigarette, pipe or cigar in any vehicle business, except in such portion thereof as may be separated from the remainder of the premises by a partition and used only for office purposes. (Ord. 3433 § 5, 2021; prior code § 5-34-3)
5-96-040 Premises.
It is unlawful to maintain or operate any vehicle business in a frame or wooden building, or in any building or structure used for church, school or theater purposes or in any building which does not conform to the requirements of this chapter or any provisions of this code relating thereto. The premises of every vehicle business must be kept clean and free from inflammable waste material. The premises of every vehicle business must be paved. All vehicle businesses except motor vehicle repair businesses must have markings indicating each space where a car may be parked. The premises of every parking garage must be gated and have controlled access. (Ord. 3433 § 6, 2021; prior code § 5-34-4)
5-96-045 Video surveillance system.
A. “Video surveillance system” shall mean a digital surveillance system, including one (1) or more cameras, cabling, monitors and one (1) or more digital video recorders that record the activities of employees, customers and other persons who may come onto or around the premises of a business establishment.
B. All parking garages and motor vehicle repair businesses shall maintain a video surveillance system capable of digitally recording and retrieving video images. The cameras of the system must be kept in proper working order, equipped with a timestamp set to the correct date and time and activated and recording video twenty-four (24) hours a day/seven (7) days a week. The cameras shall record in color and have the ability to record at night. Cameras must have high enough quality capabilities to capture and record facial quality identification in normal or daylight areas or environments as well as in low light or dimly lit areas or environments; be enclosed in weatherproof and tamperproof enclosures; and be located in a position which prevents and reduces the possibility of vandalism.
A digital video recorder shall be positioned to continuously record clear and unobstructed exterior images being transmitted by cameras that shall be located at each entrance and exit door and off-street parking areas utilized by the business. The digital video recorder shall have one (1) dedicated channel for each camera; record at least fifteen (15) frames per second for each camera; have a minimum resolution of 3840 x 2160 pixels; have a minimum 4x optimal zoom and record onto media which retains the recorded data for a period of not less than thirty (30) days; allow the viewing and retrieving of data while the system remains in operation; have the ability to transfer the recorded images to a DVD-R in a format playable on a standard DVD player, or the most modern format readily available; be configured to permit the city’s police department to access the live recorded images upon initiation of access by the business owner, operator or employees during incidents requiring police response or intervention; be capable of being accessed through the internet or other accessible wired or wireless network; have a monitor that is accessible by the city’s police department; be configured to download saved images to an external device; be connected to a dedicated power supply to prevent accidental deactivation; and be located in a locked and secure location to prevent destruction or tampering.
C. Any owner or operator of a parking garage or motor vehicle business shall install and operate on its premises a video surveillance system that complies with this. No new parking garage or motor vehicle business shall be allowed to open until the provisions of this section have been met, and no such business shall be allowed to be open if the video surveillance system has been out of compliance for a period of seventy-two (72) hours and until such time as the system is restored to compliance.
D. It shall be unlawful for any owner or operator of a business covered by this section to do the following:
1. Fail to install, on or before the date established for installation, a video surveillance system that complies with this section.
2. Following installation, fail to maintain a video surveillance system in compliance with this section.
3. Fail to allow any city inspector to inspect the video surveillance system.
4. Fail to provide to any law enforcement officer of the city, when requested to do so, access to any recorded images made by any video surveillance system or fail to deliver to any law enforcement officer of the city, when requested to do so, any media which contains recorded video images from any video surveillance system required to be maintained under this section.
5. Delete or erase the recorded video images of a video surveillance system within thirty (30) days of the images being recorded.
6. Allow cameras or any recording devices necessary for the proper function of the entire system to remain inoperable for a period of seventy-two (72) hours; provided, that the time period for compliance may be extended for good cause shown if a licensee requests and is granted such extension in writing.
7. Fail to notify the mayor’s office in written form whenever the video surveillance system is not in compliance with this section due to damage or malfunctions or fail to correct, repair, or replace equipment within seventy-two (72) hours; provided, that the time period for repair may be extended for good cause shown if a licensee requests and is granted such extension in writing. (Ord. 3433 § 7, 2021)
5-96-050 Fire prevention.
There shall be kept in each vehicle business fire extinguishers approved by the fire marshal. (Ord. 3433 § 8, 2021; prior code § 5-34-5)
5-96-060 Changing identification.
It is unlawful for any person to change the identification marks on the engine of any car or automobile in any vehicle business, and it is unlawful to change the license tags on such cars, except pursuant to law. (Ord. 3433 § 9, 2021; prior code § 5-34-6)
5-96-070 Inspection.
It shall be the duty of the chief of police and the fire marshal to make or cause to be made such inspections of vehicle businesses as may be necessary to ensure compliance with the provisions of this code. Any police officer shall be permitted at any reasonable hour to view every car stored or kept in any vehicle business, and it is unlawful to hinder any such inspection or to conceal any car or motor vehicle from such officer. (Ord. 3433 § 10, 2021; prior code § 5-34-7)
5-96-080 Parking lots.
A. The term “parking lot” as used in this section shall be construed to mean and include any premises, enclosures or other places (other than a licensed vehicle business) where four (4) or more automobiles may be stored or parked and where rent is paid or compensation is paid to the owner, manager or lessee of such premises for the storing or parking of such vehicles.
B. It is unlawful to operate a parking lot without having first obtained a license therefor. Applications for such licenses shall be made in writing to the clerk, and shall conform to the general requirements relative to such applications and shall state, in addition to all other information required, the area of the premises to be used, which area shall be the total area including space to be used for runways and other purposes; provided, that the maintenance fee for commercial driveways need not be paid when the driveway is for a licensed parking lot.
C. The annual fee for a parking lot license shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
D. It is unlawful to park or store, in any parking lot, any vehicle which is not in good condition, ready for use, or to permit the parking of any abandoned, junked or partially dismantled vehicle in any such lot. And it is unlawful to use any parking lot for storage or parking of any vehicle for the purpose of displaying it for sale, or to use any parking lot or portion thereof as an automobile repair shop.
E. No person operating a parking lot shall invite or permit any person to drive into such lot over any sidewalk, curb or parkway at any place other than a permanent driveway, or in any way in violation of any provision of this code. Vehicles driving into or out of such parking lot shall be driven with due respect to traffic conditions and in accordance with police regulations.
F. Parking lots must be paved, have markings indicating each parking space, and have a means of controlling access such as a gate or attendant. (Ord. 3494 § 2(B), 2024; Ord. 3433 § 11, 2021; Ord. 1921 (part), 1972; prior code § 5-34-8)
5-96-090 Violations—Penalty.
Any person, firm, corporation or entity violating any provision of this chapter may be fined as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, for the first or subsequent violations within a twelve (12) month period. A separate violation shall be deemed committed on each day during or on which a violation occurs or continues. The failure to pay any fine for violating any provision of this chapter within the prescribed time shall be grounds for suspension or revocation of the business license issued; provided, that the suspension or revocation of a license issued shall not preclude the assessment of a fine for a violation of any provision of this chapter. (Ord. 3494 § 2(B), 2024; Ord. 3433 § 12, 2021)