14-017 1
1 ORDINANCE NO. 14 -017
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 1 FLORIDA, AMENDING PART II, CHAPTER 14 OF THE CITY
5 CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND
6 TRAFFIC ", BY CREATING A NEW SECTION 14 -12 ENTITLED
7 "CURBSTONING ", REGULATING THE PURCHASE AND SALE
8 OF MOTOR VEHICLES FROM INDIVIDUALS OTHER THAN A
9 DEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR
10 CONFLICTS; PROVIDING FOR SEVERABILITY; A N D
11 PROVIDING FOR AN EFFECTIVE DATE.
12 ,
13 WHEREAS from time to time the City's staff reviews its Code of Ordinances to
14 determine whether such ordinances may be made more efficient; and
15 WHEREAS, the Code Compliance Division has reviewed Part II, Chapter 14 of the
16 Code of Ordinances and determined that the practice of buying and selling automobiles
17 without a motor vehicle dealer license and a legally established place of business should be
18 regulated; and
19 WHEREAS, upon the recommendation of staff, the City Commission deems it to be
20 in the best interest of the citizens and residents of the City to amend Part II, Chapter 14 of
21 the Code of Ordinances such that the practice of buying and selling automobiles without a
22 motor vehicle dealer license and legally established place of business is regulated.
23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
25
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a part of this Ordinance.
28 Section 2. Part II, Chapter 14, of the City Code of Ordinances "Motor Vehicles
29 and Traffic ", is amended to create a new Section 14 -12, "Curbstoning"
30 (a) DEFINITION: Curbstoning is a term given to the practice of buying and selling
31 automobiles without a motor vehicle dealer license and legally established place
\ \Apps3 City Cbb\AutoAData\218 \Items\209 \3104\ 3971\ Ordinance _- _Curbstonmg(Rev_060314) Doc 1
0
1 of business. Curbstoners usually park and display their vehicles for sale in high
2 traffic locations. Often these locations are on rights of ways, utility or pipeline
3 easements, at gas stations, convenience stores, supermarket parking lots, public
4 parking lots, etc.
5 (b) It is unlawful for any person to park a motor vehicle upon a public street or
6 highway, a public parking lot, or other public property, or upon private property
7 where the public has the right to travel by motor vehicle, for the principal purpose
8 and intent of displaying the motor vehicle thereon for sale, hire, or rental unless
9 the sale, hire, or rental of the motor vehicle is specifically authorized on such
10 property by municipal regulation and the person is in compliance with all
11 municipal licensing regulations.
12 (c) As specified by Section 316.1951, Florida Statutes, the provisions of subsection
13 (b) do not prohibit a person from parking his or her own motor vehicle or his or
14 her other personal property on any private real property which the person owns or
15 leases or on private real property which the person does not own or lease, but for
16 which he or she obtains the permission of the owner, or on the public street
17 immediately adjacent thereto, for the principal purpose and intent of sale, hire, or
18 rental.
19 (d) Subsection (b) does not prohibit a licensed motor vehicle dealer from displaying
20 for sale or offering for sale motor vehicles at locations other than the dealer's
21 licensed location if the dealer has been issued a supplemental license for off -
22 premises sales and has complied with the requirements in subsection (b). A
\ \Apps3 City Cbb\Auto\Data\ 218 \ Items \ 209\ 3104\ 3971\ Ordinance _- _Curbstonmg(Rev_060314) Doc 2
.. A
1 vehicle displayed for sale by a licensed dealer at any location other than the
2 dealer's licensed location is subject to immediate removal without warning.
3 (e) A law enforcement officer, code compliance officer, or supervisor of the
1
4 , department may issue a citation and cause to be immediately removed at the
P
5 owner's expense any motor vehicle found in violation of subsections (b), (f), (g),
6 (h), or (i). The owner shall be assessed a penalty of $100.00 by the City and the
7 motor vehicle will be immediately removed. A motor vehicle removed under this
8 section shall not be released from an impound or towing and storage facility until
9 after the fine has been paid to the City and a release form has been issued by the
10 City verifying that the fine has been paid.
11 (f) It is unlawful to offer a vehicle for sale if the vehicle identification number has
12 been destroyed, removed, covered, altered, or defaced. A vehicle found in
13 violation of this subsection is subject to immediate removal without warning.
14 (g) It is unlawful to knowingly attach to any motor vehicle a registration /tag that was
15 not assigned or lawfully transferred to the vehicle. A vehicle found in violation of
16 this subsection is subject to immediate removal without warning.
17 (h) It is unlawful to display or offer for sale a vehicle that does not have a valid
18 registration. A vehicle found in violation of this subsection is subject to
19 immediate removal without warning. This subsection does not apply to vehicles
20 and recreational vehicles being offered for sale through motor vehicle auctions.
21 (i) A vehicle is subject to immediate removal without warning if it bears a telephone
22 number that has been displayed on three or more vehicles offered for sale within a
23 12 -month period.
I
i
\ \Apps3 City Cbb\Auto \Data\218 \ Items \209 \3104\ 3971\ Ordmance _- _ Curbstoning(Rev_060314) Doc 3
i
'
1 (j) Any other provision of law to the contrary notwithstanding, a violation of
2 subsection (b), subsection (f), subsection (g), subsection (h), or subsection (i) shall
I
3 subject the owner of such motor vehicle to towing fees reasonably necessitated by
4 removal and daily storage of the motor vehicle in addition to a fine as set forth in
5 subsection (e). Such fees and costs are set by the towing, storage, or impound
6 company which removes the vehicle from the unauthorized location.
7 (k) The City hereby incorporates Florida Statutes § §316.1951; 320.27(5); 320.01 as if
8 fully set forth herein. Further, this Section shall automatically incorporate any and
9 all subsequent amendments to Florida Statutes § §316.1951; 320.27(5); 320.01.
10 State Law References: Florida Statutes § §316.1951; 320.27(5); 320.01
11 Section 3. City Staff is authorized to take all steps necessary to effectuate the
12 intent of this ordinance.
13 Section 4. It is the intention of the City Commission of the City of Boynton Beach
14 that the provisions of this Ordinance shall become and be made a part of the Code of
15 Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be
16 renumbered, re lettered and the word "Ordinance" may be changed to "Section ", "Article" or
17 such other word or phrase in order to accomplish such intention.
18 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of
19 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
20 i conflict.
21 Section 6. If any clause, section, or other part or application of this Ordinance
22 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
23 unconstitutional or invalid part or application shall be considered as eliminated and so not
\ \Apps3 City Cbb\ Auto\ Data\ 218\ Items\ 209 \3104\ 3971\ Ordinance _- _Curbstonmg_(Rev_0603141 Doc 4
1 affecting the validity of the remaining portions or applications remaining in full force and
2 effect.
3 Section 7. This Ordinance shall become effective upon adoption.
4
5 1 FIRST READING THIS 19 DAY OF AUGUST, 2014.
6
7 SECOND, FINAL READING AND PASSAGE th ' day of
8 2014.
9
10 CITY OF BOYNTON :EACH, FLORIDA
11
12 r '' •
13 ,�� or — J; .
14 r
15 1■
16 _ i • Mayor —Joe Casello
17
18 .,
19 Commis • e - - erker
20 i/'/'; e
21 f ��
22 ommissicier — M. M
23
24 1 !'
25 Commissioner — Michael M. itzpa , ,ck
26 ATTEST:
27
28 / / 1 • j Mayor Taylor - Aye
29 Jane M. Prainito, MMC Vice Mayor Casello - Aye
30 y Clerk Commissioner Merker — Aye
31 Commissioner McCray - Aye
32 G‘ Y(" Commissioner Fitzpatrick - Aye
33 (r . , . 5 -0
0 z
U
N
\ \Apps3 City Cbb\Auto \Data\218\ltems\209 \3104\ 3971\ Ordinance_- _Curbstonmg_( Rev_ 060314) Doc 5