[HISTORY: Adopted by the City Council of the City of Salem 3-2-1992
as Ord. No. 9203. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An indoor area on the premises of the motor vehicle repair garage
facility, of approximately ten by twenty (10 x 20) feet, where motor vehicle
repairs and/or servicing is conducted.
A place or structure, including gasoline service stations, used in
the business of maintaining, servicing or repairing motor vehicles.
Includes all vehicles propelled otherwise than by muscular power,
except such vehicles as run only upon rails or tracks.
Natural persons, associations, partnerships, corporations and every
other type of organization or entity.
Work performed upon any motor vehicle, including but not limited
to motors, ignition systems, transmissions, drive or electrical systems, body
or fender work.
No person shall manage, conduct or operate or maintain a motor vehicle
repair garage in the City of Salem without first obtaining a license therefor
as provided in this chapter.
A.Â
The application for a license for a motor vehicle repair
garage shall be made to the City Clerk on the forms provided.
B.Â
The application shall accurately set forth:
(1)Â
The name and home address of the applicant; if a firm
or partnership, the names and home addresses of the members of the firm or
partnership; and if a corporation, the names and home addresses of the president,
secretary and registered agent of the corporation and list of the names and
addresses of all those persons owning more than 10% of the capital stock of
the corporation.
(2)Â
The business name and address at which the applicant
proposes to maintain or operate the motor vehicle repair garage.
(3)Â
The tax lot and block number of the premises upon which
the motor vehicle repair garage is to be operated.
(4)Â
The number of indoor service bays being operated at the
motor vehicle repair garage.
(5)Â
The number and size of aboveground or underground fuel
storage tanks on premises.
(6)Â
The name, address and telephone number of the person
who will manage the day-to-day operations of the motor vehicle repair garage
identified herein.
(7)Â
Other information concerning the applicant and personnel
which may be necessary in determining approval of the application and issuance
of the license.
All license issued under this chapter shall be for a term of one year
commencing May 1 and expiring the following April 30.
No application for a license under this chapter shall be accepted unless
tendered with the nonrefundable application fee. The initial fee for any license
shall be $100, and thereafter the annual renewal application fee shall be
$50.
Application for renewal of a license shall be made on a form provided
by the City Clerk at least one month prior to the expiration of the current
license.
Licenses issued hereunder shall not be transferable. The business of
the motor vehicle repair garage shall be conducted only at the location specified
in the license.
Upon receipt of a motor vehicle for repair work, except minor repair
work where the work will be completed and the vehicle will be returned within
24 hours of the receipt of the vehicle, every operator of a motor vehicle
repair garage shall provide and keep a book in which shall be entered a description
of the motor vehicle, the license plate number, the vehicle identification
number, the date received, the name, address and phone number of the person
from or for whom the vehicle was received, a brief description of the work
to be performed and a signed authorization for the performance for the performance
of such work on the vehicle. The book shall, at all reasonable times, be open
to:
No motor vehicle repair garage shall store, leave or keep or suffer
or permit the storage, leaving or keeping of any motor vehicle, motor vehicle
body, motor vehicle parts or motor vehicle repair equipment on the premises,
except indoors in an enclosed garage or like structure, subject to the following:
A.Â
This chapter shall not prohibit a motor vehicle repair
garage to store, leave or keep out of doors eight motor vehicles or up to
two motor vehicles for each indoor service bay in operation at such motor
vehicle repair garage, whichever is greater, provided that storage of such
motor vehicles under this section shall be limited to motor vehicles upon
which work or disposition is in progress by the motor vehicle repair garage;
and further provided that outdoor storage of any such motor vehicle or motor
vehicles shall be temporary in nature and shall not exceed 30 days.
The City of Salem Police Department may, upon its own initiative or
upon the filing of a written verified complaint of any person, investigate
the actions of any licensee.
Upon notice to the licensee by the City Clerk, a hearing shall be conducted
by the City Council to determine whether any license issued under this chapter
may be suspended or revoked for any violation of this chapter or any other
applicable law, ordinance or regulation.
Any person who violates any provision of this chapter shall, upon conviction
therefor, be punished by a fine not less than $100 nor more than $1,000 or
imprisonment for a term not exceeding 90 days or a period of community service
not exceeding 90 days. In addition, failure to comply with this chapter may
be cause for revocation of the motor vehicle repair garage license upon notice
and hearing to the licensee.
If the terms of this chapter shall be in conflict with those of another
city ordinance, then the restriction which imposes the greater limitation
shall be enforced.
