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HomeMy Public PortalAbout1738-Amending CH 18 Code of Ord Establishing Article IV Remote Vehicle SaleORDINANCE: 1738 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA; AMENDING CHAPTER 18 TO CREATE ARTICLE IV REMOTE MOTOR VEHICLE SALES A NEW ARTICLE OF THE CITY OF CRESTVIEW CODE OF ORDINANCES; REGULATING REMOTE SALES OF MOTOR VEHICLES UNLESS CONDUCTED BY A BUSINESS WITHIN THE CITY OF CRESTVIEW; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there has been an increased occurrence of remote motor vehicle sales within the City of Crestview; and WHEREAS, these events are conducted on property by individuals and entities which have no established business within the boundaries of the City of Crestview; and WHEREAS, the individuals and entities which conduct these transactions normally depart the area after completion of the event and there is limited or no ability for purchasers of the motor vehicles to seek necessary information and recourse from the sellers; and WHEREAS, sales conducted by a business, individuals, and entities which have an established business within the City of Crestview provides a meaningful opportunity for the purchaser or seller to seek recourse in the event that problems occur as to the vehicle; and WHEREAS, the City of Crestview wishes to create consistency within the county on the regulation of remote motor vehicle sales. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2. AMENDMENT. Chapter 18 Article IV Remote Motor Vehicle Sales. Section 18-100- Short Title, Section 18-101 Scope, Section 18-102 Definitions, Section 18-103 Prohibited Actions, Section 18-104 Penalties for Violations, Sections 105-110 Reserved, of the City of Crestview Code of Ordinances is hereby created as follows; CHAPTER 18, ARTICLE IV, REMOTE MOTOR VEHICLE SALES Sec. 18-100. - Short Title. This article shall be known and may be cited as the "Remote Motor Vehicle Sale Regulatory Ordinance of the Page 63 of 168 City of Crestview Florida" and shall be applicable within the incorporated area of the City of Crestview. Sec. 18-101. - Scope. This article is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws ordinances, or codes. Where this article imposes restriction upon any persons, premises or personal property greater than that imposed or required by other laws or ordinances, the provisions of this article shall control. Sec. 18-102. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Licensed Dealership means a premise which the primary endeavor is the sale of new or used motor vehicles. Motor Vehicle means a new or used automobile or truck. Permanent Motor Vehicle Sales Business means a business which operates out of a structure and has paid the Local Business Tax authorized under Florida Statutes for that location. Person means and includes natural persons, partnerships, joint ventures, trusts or corporations, or any officers, agents employees of any kind or personal representatives of any thereof, in any capacity, acting either for himself, or for any other person. Premises means and includes all lands, structures, places, and also any equipment and appurtenances connected to or used therewith in any business, or as is otherwise used in connection with any business conducted on such premises. Sec. 18-103. — Prohibited Actions. It shall be unlawful for any person, either directly or indirectly, to conduct a sale of a motor vehicle, regardless of whether it is new or used, at a site which is not the location of the permanent motor vehicle sale business, unless it is conducted by a licensed dealership with a permanent sales location within the jurisdictional boundaries of the City of Crestview. This prohibition shall not apply to the sale of a motor vehicle by a person at a location other than the individual's residence for which the motor vehicle is individually titled to that person (not including titled as part of a dealership or commercial business) provided no person shall sell more than three (3) such motor vehicles per year. Sec. 18-104. - Penalties for violations. A violation of the provisions this Article may be enforced by the Code Compliance Division of the City of Crestview. Page 64 of 168 Secs. 18-105 — 18-110. - Reserved. SECTION 3. SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4. SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 5.ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective in accordance with the law. PASSED AND ADOPTED SECOND R DING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 47/"/ DAY OF�i , 2020. ATT ELIZ : ETH M. ROY City Clerk APPROVED BY ME THIS o/ %— DAY OF hitten Mayor , 2020. Page 65 of 168