CHAPTER 114
Motor Vehicle Sales
Section
114.01 FINDINGS.
(A) The governing body finds that sales of motor vehicles between private individuals within the city frequently occur under circumstances of the buyer not being able to determine the validity of the title held by the seller; that frequently the titles are void, encumbered by liens, or otherwise invalid, particularly for out-of-state registered vehicles brought into the city for sale; and that the sales often lead to avoidance of full payment of the state excise tax.
(B) The governing body further finds that undeveloped and vacant land along major thoroughfares is frequently used by individuals as de facto used car lots for displaying vehicles for sale; that the places are frequently used by those sellers of vehicles with defective titles to unwary buyers; and that the use of undeveloped and vacant property is often in violation of city zoning requirements, is unsightly, creates dust problems, constitutes a traffic hazard, and is a nuisance to neighboring developed properties.
(‘87 Code, § 14-5-1) (Ord. 87-014)
114.02 ADVERTISEMENT AND SALE.
(A) Any vehicle may be offered for sale, displayed for sale, and actually sold by a private individual not a dealer, as described in NMSA § 66-1-4.4B, only at the current home or work address of the buyer or seller. Any person who takes motor vehicles on consignment for sale must have written assignment of the vehicle transferred to the person upon taking possession of any vehicle for the purpose. Any person must also be licensed as a dealer and bonded with the Motor Vehicle Division of the New Mexico Transportation Department. Motor vehicle shall mean motor vehicle, as defined in NMSA § 66-1-4.11I.
(B) Any private individual not a dealer, as described in NMSA § 66-1-4.4B, selling an automobile in accordance with the terms of this section must also comply with all requirements in this code effecting the use of streets within the city. The name, address and telephone number of registered owner must be displayed on any vehicle offered for sale by a private individual not a dealer.
(‘87 Code, § 14-5-2) (Ord. 87-014)
114.03 TOWING PROCEDURE.
(A) A vehicle displayed for sale in a location in violation of this chapter may be towed no sooner than 24 hours after a warning sticker is placed on the vehicle.
(1) The warning sticker shall contain the following information:
(a) The date and time the warning sticker was affixed to the vehicle;
(b) A statement that pursuant to this chapter, if the vehicle is not removed within 24 hours of the time the sticker was affixed, it may be taken into custody and stored at the owner’s expense; and
(c) The location and telephone number where additional information can be obtained.
(2) Within 48 hours of the time that a vehicle is taken into custody and stored pursuant to this chapter, the Department of Public Safety shall give written notice by certified mail to the registered owner of the vehicle, if known, which notice shall state:
(a) That the motor vehicle has been taken into custody and stored; and
(b) The location of storage of the motor vehicle.
(B) If a vehicle is towed pursuant to this section, the registered owner has the right to contest the validity of the impoundment or relocation pursuant to the procedures set out in the city’s Uniform Traffic Code, § 12-12-18.
(‘87 Code, § 14-5-3) (Ord. 87-014) Penalty, see § 114.99
114.99 PENALTY.
This chapter is penal, subject to the penalty provisions for misdemeanors in the state. Any person convicted of a violation of § 114.03 shall be punished by a fine of not more than $500 or by imprisonment not to exceed 90 days or by both fine and imprisonment.
(‘87 Code, § 14-5-3) (Ord. 87-014)