Chapter 12.24
MOTOR VEHICLE SALES PROHIBITED ALONG HIGHWAY 99W
Sections:
12.24.040 Notice concerning towing and impoundment.
12.24.010 Definitions.
The following words and phrases used in this chapter shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
“City” shall mean the city of Dundee.
“Motor vehicle” or “vehicle” means a vehicle, which is self-propelled and is subject to licensure by the state, including without limitation, automobile(s), truck(s), trailer(s), motorcycle(s) and water craft.
“Person” shall mean every natural person, firm, partnership, association, corporation or organization of any kind. [Ord. 420-2003 § 1 (Exh. A § 1)].
12.24.020 Municipal court jurisdiction – Authority of city employees and agents to pursue violations – Penalties.
A. The city administrator and the city’s sworn police officers are hereby authorized to cite persons for violation of this chapter in the name of the city before the city’s municipal court.
B. Any violation(s) of this chapter may, in addition to other remedies provided the city by local or state law, be remedied by citation of the violator(s) before the city’s municipal court and subjecting them to a fine of not less than $150.00 and not more than $500.00 per violation.
C. In addition to the remedy provided under subsection (B) of this section, the court may order a vehicle in violation of this chapter towed from the property and impounded at a facility selected by the city, said impoundment to be at the expense of the motor vehicle’s owner. In the event of a proposed impoundment, the city shall first provide the motor vehicle’s registered owner and any other person(s) who reasonably appear to have an interest in the motor vehicle notice consistent with DMC 12.24.040. No tow or impoundment of a motor vehicle shall occur prior to the time of the hearing on the citation. [Ord. 420-2003 § 1 (Exh. A § 2)].
12.24.030 Sale of motor vehicles from certain properties prohibited – Exceptions – Rebuttable presumption.
A. No person that is in charge of real property within the city, whether as an owner, lessee, occupant, tenant or otherwise, may allow, suffer or permit the offering, exhibiting or showing for sale of motor vehicles on the real property if the motor vehicle is within 50 feet of Oregon State Highway 99W.
B. No person in charge of a motor vehicle(s), whether as an owner, lessee or otherwise, shall exhibit, show or offer for sale any motor vehicle(s) on real property described in subsection (A) of this section.
C. The terms of subsections (A) and (B) of this section do not apply to:
1. Motor vehicle(s) in an enclosed building; or
2. Motor vehicle(s) on the premises of a business enterprise when the vehicle is registered to the owner of the business enterprise; or
3. Motor vehicle(s) on the premises of a business enterprise when the vehicle’s presence is incidental to the operation or conduct of said business (i.e., employee vehicle, business invitee, visitor, etc.) and the vehicle is not kept at the property for a period in excess of 24 consecutive hours; or
4. Motor vehicle(s) located on an approved motor vehicle sales lot consistent with the provisions of the Dundee development ordinance; or
5. A single motor vehicle owned by the resident of the real property and parked in a driveway on the real property.
D. No person in charge of real property described by the provisions of subsection (A) of this section shall be found to have violated the provisions thereof, if the person did not give permission to park, keep, store or otherwise have the motor vehicle(s) in question on the property and that person(s) has taken reasonable steps to have the vehicle removed from the property.
E. The presence of a motor vehicle(s) at a property described in subsection (A) of this section for a period in excess of 24 consecutive hours with signage in, on or adjacent to it indicating that the motor vehicle(s) is for sale creates a rebuttable presumption in favor of the city that the provisions of subsection (A) and/or (B) of this section are being violated. [Ord. 477-2009; Ord. 420-2003 § 1 (Exh. A § 3)].
12.24.040 Notice concerning towing and impoundment.
A. Notice for motor vehicles proposed to be towed for violation of this chapter must be provided by:
1. Affixing a tow warning to the motor vehicle at least 14 days prior to the date the vehicle would be towed; and
2. Mailing notice to the registered owner(s) and any other person(s) who reasonably appear to have an interest in the motor vehicle within 48 hours (Saturdays, Sundays and holidays excluded) after the tow warning is affixed to the motor vehicle.
B. The tow warning and the mailed notice will state that:
1. The motor vehicle is parked on property in violation of this chapter;
2. The city has requested and intends to tow and remove the motor vehicle if the violation is not corrected; and
3. A hearing is available before the municipal court to contest the validity of the intended tow, which will be held concurrently with the hearing on the citation for the violation. [Ord. 420-2003 § 1 (Exh. A § 4)].
12.24.050 Hearing procedure.
A. The hearing shall afford a reasonable opportunity for the person whose vehicle is subject to being towed to demonstrate by statements of witnesses and other evidence that the tow and/or storage of the motor vehicle(s) would be invalid or for any other reason not justified.
B. If the municipal court finds that the towing and/or impoundment is appropriate, the court may order the motor vehicle(s) towed and held until all towing and storage charges and an administrative fee, if same has been imposed by the city, are paid in full. [Ord. 420-2003 § 1 (Exh. A § 5)].