HomeMy WebLinkAbout626_Unauthorized Parking of Cars for SaleTULSA COUNTY CLERK - JOAN HASTINGS RECPT #412460
DOC # 99147817 PGS 2 B/P 6309/2024 -2025 FEE
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 626
12/27/99 14:36:25
10.00
AN ORDINANCE AMENDING PART 9, LICENSING AND
BUSINESS REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
RENUMBERING CHAPTER 4, PENALTY, AS CHAPTER 5,
AND PROVIDING AS CHAPTER 4 OF THE CODE OF
ORDINANCES PROVISIONS PERTAINING TO USED
MOTOR VEHICLE DEALERS AND AUTOMOTIVE
DISMANTLERS AND PARTS AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
Section One: Part 9, Licensing and Business Regulations of the Code of Ordinances of
the City of Owasso, Oklahoma, is hereby amended by renumbering Chapter 4 - Penalty, as
Chapter 5 and providing as Chapter 4 of said part the following, to -wit:
Section 9 -401 Used Motor Vehicle Dealers and Automotive Dismantlers and Parts
Recyclers.
a) It shall be unlawful for any person, firm, association, corporation or trust to sell,
offer for sale, or display for sale one (1) or more used motor vehicles within the city without first
obtaining a license therefor from the appropriate state authorities as set forth in 47 O.S., Section
581, et seq., or amendments thereto. It shall be unlawful for any owner of real property, lessee of
real property, or person having an interest in real property to allow the sale, or display for sale, of
one (1) or more used motor vehicles within the city unless said property is zoned for such use.
Provided that this section shall not apply to any person making such use of their own personal
residence, and involving a vehicle licensed in their own name as owner.
(b) It shall be unlawful for any person, firm, association, corporation or trust to fail to
show a valid state license under Title 47, upon the request of any properly identified officer or
employee of the city.
(c) It shall be unlawful for any person. firm, association, corporation or trust to violate any
of the provisions of the Automotive Dismantlers and Parts Recycler Act, also known as 47 O.S.,
Section 591,1 et seq., within the city limits of Owasso. Oklahoma.
(d) Each day during which any of the above business operations are conducted in violation
of this section shall be considered a separate offense; each successfully consummated transaction
during which the provisions of this section are violated shall constitute a separate offense.
(e) Members of the police department or code enforcement officers are hereby
authorized to remove a vehicle from any property to a garage or other place of safety when such
vehicle has been parked on more than one occasion for the principle purpose or displaying such
vehicle for sale in violation of this chapter or the Owasso Code or the Owasso Zoning Code. City
personnel shall be required to show that an official notice, warning, citation, or warrant has been
issued by the City of Owasso for the vehicle involved prior to the incident for which the vehicle is
to be towed.
(f) The prohibition contained in subsection (a) shall not apply to mortgagees or secured
parties who are selling motor vehicles which were collateral on a mortgage or security agreement
i£ (1) such mortgages or secured parties do not realize for their own account from such sales any
monies in excess or the outstanding balance secured by such mortgage or security agreement, plus
costs of collection; and (2) the sale is conducted as a lawful secondary use on such mortgagees'
or secured parties' primary business property.
This article shall apply to and govern licenses required by this Code or other ordinances of
the city; provided, however, if any provision or this article conflicts with a provision of this Code
or other ordinance or the city relating to a license for a specific business, profession, occupation,
trade, privilege or other activity, such latter provision shall govern and control.
Section Two: That due to the absence of code provisions pertaining to Used Motor
Vehicle Dealers and Automotive Dismantlers and Parts Recyclers, and the necessity therefor, an
emergency is hereby declared to exist whereby the provisions hereof shall become effective
M immediately upon passage and publication.
APPROVED this &*Isf day of December, 1999, with the emergency clause voted upon
and approved separately.
AS TO FORM:
D. Cates, City Attorney
2780- 390.ord bus regs
CITY OF OWASSO, OKLAHOMA
By:
Marls Wilken, Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
ASSISTANT CITY MANAGER
SUBJECT: ORDINANCE NO. 626
REGULATING THE SALE OF AUTOMOBILES
DATE: December 15, 1999
BACKGROUND:
In recent months, staff and Council have received numerous citizen complaints regarding the sale
of automobiles on vacant or unused portions of parking lots throughout the City of Owasso.
What has been occurring is when there are large portions of a parking lot that are not being used,
or when a business has closed, people trying to sell automobiles park them in the parking lots.
This is desirable for the seller as they achieve excellent visibility along major arterial streets and
the lots are generally well illuminated and secure. The most noticeable area where this practice
had been occurring was in the former Warehouse Foods/Food Lion parking lot.
The problems that have arisen are three -fold. First, city staff has received complaints from
licensed used automobile dealers in Owasso regarding the makeshift "automalls ". Secondly, the
visual impact to surrounding businesses is often times undesirable. And finally, under current
city regulations, the city cannot prohibit the sale of the automobiles unless the property owner
posts the property. When a business closes and the property is being listed by the commercial
real estate company, getting them to post the property is difficult at best.
Ordinance No. 626 would prohibit the sale of automobiles on open lots unless the necessary state
license is obtained and the zoning for the sale of the automobiles is appropriate. It would allow
for the Police Department and Code Enforcement Officer to tow the vehicles after a sufficient
notice, warning, citation, or warrant has been issued by the City of Owasso for the vehicle
involved. Ordinance No. 626 does not affect an individual's right to sell their automobile at their
own personal residence, involving a vehicle licensed in their own name as owner.
Ordinance No. 626 was derived from a similar ordinance from the City of Broken Arrow and has
been reviewed by Mr. Cates. Due to the current absence of code provisions relating to this
matter, staff has also attached an emergency clause to Ordinance No. 626, which will have to be
acted on separately by the Council.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 626 and the subsequent approval of the
emergency clause.
ATTACHMENTS:
1. Ordinance No. 626