Whenever used in this chapter, the following terms are defined
as follows:
means a building, shed or enclosure, or yard in which more
than five motor vehicles may be parked, stored, housed or kept for
purpose of repair or servicing, and for which any charge or other
consideration is made or proposed.
means any outdoor space, yard or enclosure where more than
five motor vehicles may be parked, stored, housed or kept, for which
any charge is made or proposed.
(Prior code § 6412)
It is unlawful for any person to conduct a business of a parking
lot or garage within the city without first having obtained a permit
therefor in the manner provided in this chapter.
(Prior code § 6412.1)
Applications for permits required by this chapter shall be made
upon forms provided by the license collector, shall be signed and
verified by the applicant, if an individual, and by a duly authorized
agent if a partnership or corporation, and shall set forth the following:
(1)
If
a person, the name and address of the applicant;
(2)
If
a partnership, the name, residence and business address of each partner;
(3)
If
a corporation, the names of the principal officers, directors and
local representatives, their residences and business addresses;
(4)
A
plot or drawing of said parking lot or garage, showing the location,
size, capacity, location and size of entrance and exit, kind of floor
or ground surface, location, size and construction of attendant's
station, wall or barriers surrounding said premises; and
(5)
A
brief description of the proposed method of operation.
(Prior code § 6412.2)
The permit fee for the operation of a garage or parking lot
shall be six dollars.
(Prior code § 6412.3; Ord. 1470 § 8, 1978)
If, after an investigation by the city police department, the
city manager, or on appeal, the city council, in the exercise of sound
discretion, finds that the proposed use will not be detrimental to
the general welfare, that the statements set forth in the application
are correct and that the proper fee has been paid, the license collector
shall issue to the applicant a permit for a parking lot or garage,
which permit shall continue in full force and effect until revoked
by the city council.
(Prior code § 6412.4)
No permit issued under this chapter shall be transferred or
assigned or used by any person other than the one to whom it is issued,
or at any location other than the one for which it is issued.
(Prior code § 6412.5)
The city council may revoke any parking lot or garage permit
if upon a hearing after at least ten days written notice of the time
and place of such hearing, the city council finds:
(1)
The
permittee has knowingly made any false or materially incorrect statement
in the application;
(2)
The
permittee knowingly violates or knowingly permits the violation of
any provision of this chapter;
(3)
The
permittee has conducted his or her business in a manner contrary to
public welfare;
(4)
The
permittee, his or her agents or employees have mutilated or altered
any engine number or serial number;
(5)
The
permittee, his or her agents or employees have installed used, rebuilt
or reconditioned parts and charged for new ones, or have charged for
parts not installed or for work not done, or have otherwise materially
misstated the nature of any work done or parts installed;
(6)
The
permittee, his or her agents or employees have undertaken to repair
a motor vehicle and through carelessness, negligence or incompetence,
so repaired or failed to repair such vehicle as to cause the same
to be a hazard to the lives or safety of persons riding therein, or
to the lives or safety of others;
(7)
The
permittee, his or her agents or employees have conspired with any
person to defraud any owner of any vehicle, or any insurance company,
or any other person financially interested in the cost of the repair
of any vehicle, by making any false or deceptive statement relating
to the repair, storage or towing of any vehicle;
(8)
The
permittee, his or her agents or employees have installed parts or
performed labor which was not authorized and for which a charge has
been made to any person having an interest, possessory or otherwise,
in the automobile being repaired.
(Prior code § 6412.6)
A permittee hereunder shall furnish an itemized statement to
the person authorizing the repair work or his or her agent without
first demanding payment of parts and labor used in making a repair
of the vehicle and of the charges made therefor upon the request of:
(1)
The
registered owner; or
(2)
The
legal owner; or
(3)
The
insurance carrier of either (1) or (2); or
(4)
The
duly authorized agent of (1), (2) or (3).
(Prior code § 6412.7)
Whenever used, secondhand, rebuilt or reconditioned parts are
used in making any repair or alteration to a vehicle, the permittee
shall inform the person authorizing the work that the parts so used
are not new. Such fact shall be noted upon any statement or bill furnished
or requested.
(Prior code § 6412.8)
A permittee shall procure and obtain, from the person authorizing
the repair work or his or her agent, advance written authorization
before undertaking repairs or services which costs, labor and materials,
in excess of fifty dollars.
(Prior code § 6412.9)
Every permittee shall immediately notify the police department
of every claim made by reason of loss, theft, or conversion, or any
damage or injury to person or property from the operation of a parking
lot or garage, and occurring during the hours said premises are regularly
open for business.
(Prior code § 6412.10)
It is unlawful for any permittee of a parking lot or garage
to make or permit any use for any purpose whatsoever of any vehicle
parked in such place, unless the use shall have first been expressly
authorized by the owner or person having control of such vehicle.
No permittee shall transfer or cause to be moved or transferred, any
parked vehicle through or upon the streets, or alleys of the city
without the written consent of the owner or person having control
of such vehicle.
(Prior code § 6412.11)
Every vehicle parked or stored in a parking lot or garage for
more than seventy-two hours shall be parked or stored only within
enclosed buildings.
(Prior code § 6412.12)
(a)
All
parking lots and garages now licensed shall be given ninety days from
the effective date of this chapter to file plans for approval, and
one-half year for full compliance with the terms of this chapter.
(b)
All
parking lots and garages licensed after the effective date of this
chapter shall comply with all the terms and provisions of this chapter.
(Prior code § 6412.13)
