Gasoline and other flammable liquids — See Ch. 133.
Gasoline service stations; motor vehicle repair shops — See Ch. 136.
Vehicles and traffic — See Ch. 239.
Junk vehicles — See Ch. 244.
§ 137-1(Reserved)
§ 137-2Legislative findings; purpose.
§ 137-3Definitions.
§ 137-4Conduct of sales; positioning of vehicles for sale.
§ 137-5Standards to be complied with.
§ 137-6Annual license requirements.
§ 137-7Village enforcement.
§ 137-8Penalties for offenses.
The Village Board of the Village of Blasdell hereby recognizes that used car sales have a significant economic impact relative to all commercial and industrial enterprises within the Village of Blasdell and have equally significant impact upon the public safety and general welfare of the citizens of Blasdell. Therefore, this chapter is enacted in order to protect the public health, safety and welfare by regulating the placement and sale of used vehicles marketed for sale at designated used car lots within the Village of Blasdell.
As used in this chapter, the following terms shall have the meanings indicated:
- DRIVEWAYS INGRESS AND EGRESS
- Driveways to used car sales lots characterized by curb cuts to sufficiently permit vehicular traffic a clear lane of ingress and egress from the designated used car lot.
- PREMISES
- Used car sales lot and enclosed building with inside or outside parking for at least five parking as may be required by the Village Code of Blasdell.
- USED CAR LOT
- A building, structure or tract of land used for the sale of any and all motor vehicles as defined in § 159 of the Vehicle and Traffic Law of the State of New York.
The following standards shall apply to all used car sales within the Village of Blasdell.
No sales shall be conducted outside of the business premises (building, structure or tract of land used for the placement and sale of used cars).
Used cars designated for sale shall be parked at least three feet from any sidewalks or pedestrian right-of-way with the Village of Blasdell.
No motor vehicle designated for sale shall obstruct or become a hazard to users of public highways or sidewalks on which the used car lot fronts or abuts.
No motor vehicle designated for sale shall be positioned upon said used car lot in anyway to obstruct the continuous rights of ingress and egress which are essential to maintaining public safety.
All used car sales businesses shall comply with all applicable sections of the New York State Vehicle and Traffic Law, as well as all rules and regulations promulgated by the Commissioner of Motor Vehicles in furtherance thereof; and all such commercial facilities shall at all times exhibit a valid New York State license permitting the sale of used motor vehicles.
The used car dealer shall have either:
A garage or other facility, separate from the display area that has a repair bay that is equipped to perform the usual and normal repairs of vehicles that it buys, sells or exchanges; or
A written contract and attached notarized acknowledgment with a garage licensed to perform state inspections, to have the repairs and servicing provided incident thereto.
The dealership shall have at least a single business telephone line located within the dealership. The telephone number shall be listed under the dealership licensed name.
Upon the filing of an application to do business within the Village of Blasdell for the sale of used vehicles, a dealer shall pay an annual fee of $100 to the Village of Blasdell and fully provide information set forth on the Village of Blasdell application for the aforesaid purpose. If the business premises is leased rather than owned, a copy of the applicant's lease must be presented with the application for a Village license. The term of the license shall be for one year from January 1 of the given year in question; and all license applications must be filed with the Village Clerk/Administrator on or before the 15th day of January in each applicable year along with the payment of the annual filing fee of $100. Failure to timely file an application and pay the appropriate fee shall subject the used car sales dealer to the prescribed penalties under this chapter of the Village of Blasdell Code in addition to any other legal remedies.
The Village Justice of the Village of Blasdell shall have jurisdiction to hear all signed complaints filed as hereinafter provided and all actions and proceedings hereunder and all prosecutions for the violation of this chapter. Upon receipt, by the Village Justice, of any complaint regarding noncompliance with any section of this chapter, the Village Justice shall summon the alleged owner or operator of the used car sales business to appear in person before said Justice. If such summons is disregarded, the Village Justice may permit the filing of an information and issue a warrant for the arrest of such owner and/or operator.
If any person observes the owner or operator of a used motor vehicle sales business violating any section of this chapter, such person may file a signed complaint under oath with the Village Justice of the Village of Blasdell, specifying the objectionable conduct.
Violations of any provisions of this chapter by any owner or any other persons shall constitute an offense, and each day's violation shall be determined a separate offense punishable by a fine not to exceed $250 or imprisonment for not more than 15 days, or both by such fine and imprisonment.
