For purposes of this division, unless otherwise defined below, the definitions outlined in section 12.01.001 of this city code shall apply to this division. Words that are not defined in either section shall have the meaning that clearly appears from the context:
Nonresidential zone/district.
Those areas designated as nonresidential districts as defined in section 14.02.002 of the city zoning ordinance.
Operator.
A person in actual physical control of the vehicle.
Owner.
Depending on context, means a person:
(1) 
Who is the registered owner or has legal title to a vehicle;
(2) 
Has the right to possess, control and dispose of the vehicle; or
(3) 
Owns or otherwise has control over the property.
Park or parking.
To stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading property or passengers.
Vehicle for sale.
Any vehicle that is being offered for sale by the owner as evidenced by any sign, advertisement or other verbal or nonverbal evidence provided by the owner of the vehicle.
(Ordinance 21-3716 adopted 3/23/21)
A person may only park and offer for sale a vehicle on a parking lot that is not classified as an automobile dealership or where the primary land use is not for automobile/vehicle sales if:
(1) 
The owner of the vehicle being offered for sale has the permission of the owner of the property where the vehicle is parked;
(2) 
The vehicle for sale is not parked closer than forty feet (40') to another vehicle being offered for sale;
(3) 
There are no more than three (3) other vehicles lawfully parked at the same location that are also being offered for sale;
(4) 
The location where the vehicle is parked is lawfully parked and does not otherwise block any public easement, pedestrian walkway or other right-of-way; and
(5) 
Is not parked overnight on the parking lot and is removed daily no later than 9:00 p.m.
(Ordinance 21-3716 adopted 3/23/21)
The presence of any vehicle for sale upon any property, private or public, in violation of this division shall be prima facie evidence that the registered owner of the vehicle or person in control of such vehicle committed such violation or authorized such violation.
(Ordinance 21-3716 adopted 3/23/21)
This section shall not prevent and does not apply to the leaving, parking or standing of a vehicle for sale that does not otherwise block any right-of-way or public easement if:
(1) 
The vehicle is parked wholly in the driveway or on a permitted and improved parking surface of a residential lot with the permission of the residential lot owner and does not block any right-of-way or public easement;
(2) 
The vehicle is owned by the property owner where the vehicle is parked and there are no more than two (2) such vehicles for sale parked on the same property;
(3) 
The vehicle is parked on a nonresidential lot that is classified as an automobile dealership or where the primary land use is for automobile/vehicle sales;
(4) 
The parking of the vehicle that is for sale is merely incidental to the owner of the vehicle patronizing the business or commercial establishment where the vehicle is parked; or
(5) 
The vehicle is parked adjacent to or within two hundred feet (200') of the residence of the vehicle’s owner.
(Ordinance 21-3716 adopted 3/23/21)
Any person violating any provision of this division shall be guilty of a misdemeanor punishable in accordance with section 1.01.009 of this code. The law enforcement officer, codes enforcement officer or any city employee or agent designated by the city manager, shall be authorized to enforce the provisions contained in this section.
(Ordinance 21-3716 adopted 3/23/21)