[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 2-26-1973[1]Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 31.
Garbage and rubbish — See Ch. 38.
Junk dealers — See Ch. 49.
Peace and good order — See Ch. 59.
Signs and advertisements — See Ch. 72.
Streets and sidewalks — See Ch. 80.
Vehicles and traffic — See Ch. 93.
Zoning — See Ch. 99.
[1]
Editor's Note: This ordinance superseded former Ch. 6, Automobile
Sales: Used, adopted 2-4-1952 by Ord. No. 86, as amended.
For the purpose of this chapter, the terms used herein are defined
as follows:
Includes any person, firm or corporation engaged in or carrying on the business of buying, selling or trading used motor vehicles other than as set forth in Subsection B.
The display, sale or trading of commercial vehicles or trailers,
etc., by other than franchised new car dealers shall require a special
use permit issued by the Board of Trustees.
Every person desiring to procure a license shall
file with the Village Clerk a written application containing the name
and residence of the applicant, if an individual, and the names and
residences of all officers and partners if the applicant is a firm
or corporation. Such application shall be made on a form supplied
by the Village. Such application shall state how long the applicant,
if an individual, and the partners or officers, if a firm or corporation,
have lived in the Village of Valley Stream. It shall also state the
following:
A.
His or their places of previous employment.
B.
Whether he or they or any of them have been convicted
of a felony or misdemeanor, and if so, what offense, when and in what
court.
C.
The premises where or from which such business is
to be carried on or located, giving street and number.
D.
Whether the applicant or applicants have ever before
engaged in the business of dealing in used motor vehicles.
E.
Any other information which may be required by the
Village Clerk.
Upon the receipt of said application, the Village
Clerk shall investigate the character and business as specified in
said application and make a full report thereon to the Board of Trustees
of the Village. The Board of Trustees may, on its approval of such
application and after the payment to the Village of the license fee
hereinafter provided, issue to the applicant a license to engage in
the business of used car dealer. No license shall be refused except
for a specific reason and for the protection of the public safety,
good order or general welfare. All licenses shall be numbered in the
order in which they are issued and shall state clearly the location
of the place of business in or from which the person receiving such
license shall be authorized to carry on the business of used car dealer,
the dates of issuance and expiration of the license and the name and
address of the licensee. No applicant to whom a license has been refused
shall make further application until a period of at least six months
shall have elapsed since the last previous rejection unless he can
show that the reason for such rejection no longer exists.
A.
Notwithstanding anything to the contrary herein, a
factory-franchised new car dealer shall pay an annual license fee
of $100 for each established place of business at which a factory-franchised
new car dealer is carrying on the business of used car dealer as an
accessory to the principal use.
[Amended 5-12-1975; 5-20-2013 by Res. No. 094/13]
B.
The annual fee for used car lots which are not accessory
to new car dealerships and known as "nonconforming used car lots"
shall be $300 per year.
[Amended 5-12-1975; 5-20-2013 by Res. No. 094/13]
C.
The aforesaid fees, payable April 1 for the ensuing
year, may be changed by the Board of Trustees at an open meeting by
resolution.
D.
No license shall be used by any person other than
the original licensee, and any holder of such license who permits
it to be used by any other person, and any person who uses such license
granted to any other person, shall each be guilty of a violation of
this chapter.
No license shall be issued to anyone under the
age of 21 years.
No license as herein provided shall be granted
to any person or member of a firm or corporation who shall have been
convicted within three years of the date of application of a violation
of this chapter or any felony or who has knowingly received stolen
goods. However, the Board of Trustees, for good and sufficient reasons
shown to it, in the exercise of its discretion, may grant a license
to such a person, firm or corporation at any time within the three-year
period.
No person shall carry on the business at or
from any other place in the Village of Valley Stream than the one
designated in the license therefor; nor shall a used car business
be conducted after the license for such business has expired or been
revoked.
The Board of Trustees may, at any time, upon
investigation and for such cause as it deems sufficient, revoke or
suspend any license granted under the provisions of this chapter.
Whenever any license shall be so revoked, no refund of any unearned
portion thereof shall be made, and no license shall be granted to
any person, firm or corporation whose license has been revoked within
a period of three years from the date of such revocation. No license
shall be revoked by the Board of Trustees until such licensee shall
have been given notice and opportunity to be heard concerning such
revocation.
In the construction and enforcement of this
chapter, the act or omission of any agent or other employee employed
by any person, firm or corporation licensed under this chapter, committed
within the apparent scope of his employment, shall presumably be an
act or omission of such person, firm or corporation holding such license,
as well as the act of omission of that agent or employee.
All vehicles displayed upon any used car lot shall be placed in such a manner as to comply with the requirements of Chapter 99, Zoning.
Every used car lot shall have on the premises,
in good working order, an adequate fire extinguisher with a minimum
ten-pound capacity.
Every used car dealer must display a sign, in
letters not less than five inches in height with strokes of one-inch
width, stating the name and address of the person, firm name, trade
name or corporate name authorized by this chapter to operate the business
of used car dealer, and the number of the license granted to the person
by the Board of Trustees. Said sign shall be prominently displayed
on the premises.
No used car dealer shall offer for sale or purchase
any used car in any manner so as to deceive the purchaser or seller
as to any matter connected with the transaction.
A.
Every motor vehicle sales lot or area shall be illuminated
in conformity with the rules and regulations as prescribed by the
Superintendent of Public Works. All existing lighting system layouts
must, within six months of the enactment of this chapter, conform
with the rules and regulations as prescribed by the Superintendent
of Public Works.
B.
The maintenance and sanitation and the display and
advertising of such lots shall be in conformity with the rules and
regulations as prescribed by the Superintendent of Public Works.
C.
Every such lot shall be kept free of auxiliary and
spare parts, flammable matter or other debris which may cause damage
by fire or is unsightly.
D.
No used motor vehicle or any sales or open display
lot or area shall be decorated with flags or embellished with any
device designed to attract attention, nor shall the reproduction of
any sound by amplification be permitted.
E.
Sidewalks, curbs and curb cuts shall be provided on
all street frontages prior to April 1, 1974, and shall comply with
the rules and regulations of the Incorporated Village of Valley Stream.
F.
Every automobile sales lot of new or used automobiles,
trucks or other vehicles, legally existing or which may hereafter
be established in any district, shall have a concrete curb eight inches
in height, which curb shall extend the full width or depth of the
lot abutting a street and which curb shall be located not less than
three feet nor more than five feet from the abutting line. No vehicle
of any kind shall be parked or permitted to stand between the street
line and such curb. No curb shall be required where a driveway is
approved by the Superintendent of Public Works or in front of any
building; provided, however, that if automobiles, trucks or other
vehicles shall be parked or permitted to stand on a lot in front of
any building, the curb required herein shall be installed in front
of such building. Upon the receipt of a permit from the Superintendent
of Public Works certifying that said lot is paved and maintained in
accordance with the specifications passed and approved by the Board
of Trustees on the eighth day of September 1975, or as subsequently
passed and approved by the Board of Trustees, as determined by the
Superintendent of Public Works, the automobiles, trucks or other vehicles
may be parked or stored in the area designated in the permit. Surfacing
of all existing automobile sales lots of new or used automobiles,
trucks or other vehicles shall be completed on or before May 1, 1976.
[Added 9-8-1975 by L.L. No. 2-1975]
It shall be the duty of the Building Inspector
of the Village of Valley Stream to make periodic inspections of used
car lots to ensure compliance with all sections of this chapter.
[Amended 11-19-2018 by L.L. No. 21-2018]
Every person, firm, company, association, corporation
or business of any kind violating any of the provisions of this chapter,
upon conviction thereof, shall be subject to a fine of not more than
$1,500 and/or 15 days in jail for each violation, and such violation
shall constitute disorderly conduct, and every person violating the
same shall be and hereby is declared a disorderly person. In addition
to the penalty imposed, the license of the person violating the same
may be suspended or revoked. When a violation of this chapter, or
any part thereof, is continuous, every 24 hours thereof shall constitute
a separate and distinct violation.
Each of the foregoing sections is hereby declared
to be independent of every other section, and the invalidity of any
one section shall not invalidate any of the others.
This chapter shall take precedence over any
other ordinances or parts of ordinances theretofore adopted which
are in any way inconsistent with or in conflict with this chapter.
This chapter shall take effect April 1, 1973.
