[Adopted 5-2-1961 by Ord. No. 10; amended
in its entirety 4-20-2020]
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle which has been dissembled, dismantled or
damaged to the extent that it cannot operate under its own power and
which requires major repairs or the installation of major parts to
render it operable.
Any place where used motor vehicles are displayed and offered
for sale in the open.
Any person operating or maintaining a used car lot in the Charter
Township of Blackman shall obtain an annual license for such operation
or maintenance from the Township Board.
The fee for such license shall be set by resolution of the Township
Board but shall not be less than $50 per year.
The application for such license shall be available at, and
submitted to, the Township Clerk's office. The Township Board shall
review said application.
All licenses issued under this article shall be issued subject
to the following rules, regulations and conditions:
A.
All sites for which a license shall have been granted under the provisions
of this article shall be maintained in a neat, clean and orderly manner.
The provisions of the Zoning Ordinance, as the same now exist or as
they may be hereafter amended or supplemented, establishing minimum
setback, side yard and rear yard requirements, shall apply to the
parking or display of used motor vehicles on open premises. No motor
vehicle, trailer, semitrailer, trailer coach or any other type of
vehicle shall be parked in such manner, or in such a place, as to
prevent free and unobstructed vision to motorists driving from adjacent
streets, alleys or private driveways onto intersecting streets.
B.
It shall be a violation of this article for any person to display
or expose for sale any used motor vehicle which is in such state of
disrepair, in such mechanical condition, or without required equipment,
as to be unsafe for operation on the public highways, or which would
constitute a violation of law if the same were operated upon a public
highway, within the meaning of Act 300 or the Public Acts of 1949.
The presence of such a motor vehicle upon the premises, unless the
same is being held for the purposes of repair, shall be deemed prima
facie a display or exposure for the purpose of sale.
C.
The conducting of a used car lot shall be subject to all the pertinent
provisions of the Zoning Ordinance of the Charter Township of Blackman.
The repairing or servicing of motor vehicles, except as to minor repairs
strictly incidental to the operation of used car lot, shall be considered
as the operation of a public garage and forbidden unless a permit
for the same is obtained under the appropriate provisions of the Zoning
Ordinance. The dismantling or dissembling of motor vehicles or the
display of junkers is forbidden.
The Township Board shall have authority to revoke or suspend
any license issued under the terms hereof, for such period and under
such conditions as the circumstances justify, for any of the following
reasons:
A.
Violation of any of the terms of this article.
B.
The conducting of any business subsidiary or appurtenant to the used
motor vehicle business in violation of the Zoning Ordinance or any
other applicable ordinance of the Charter Township of Blackman.
C.
The false statement of a material fact in the license application.
D.
Fraudulent conduct in connection with the sale or transfer of any
used motor vehicle.
E.
Diversion, conversion, misappropriation or embezzlement of any funds
paid to the licensee as consideration, or part consideration, for
the purchase price of a used motor vehicle.
F.
Revocation by the Secretary of State of the dealer's license issued
by the Secretary of State.
Any person who violates this article shall be guilty of a misdemeanor,
punishable by a fine of not more than $500 or up to 90 days in jail,
or both.
