§ 38-364. Casual sales of motor vehicles, trailers and recreational boats.

(a)

Generally. No person not a dealer making a casual sale of his own motor vehicle, trailer or recreational boat duly registered to him shall sell the motor vehicle, trailer or recreational boat or offer or display it for sale at any location other than his current residence, or place of employment, or at any site where the seller of the motor vehicle, trailer or recreational boat has obtained prior written permission from the landowner. For purposes of this section, the county is the landowner for all public property.

(b)

Permit for public property required. Any person not a dealer may offer or display for sale on the designated public property a motor vehicle, trailer or recreational boat duly registered to him only after completing an application for such purpose and delivering a copy of such application to the county at a place designated by the county manager for such purpose. As used in this section, the term "designated public property" means only that portion of Sullivan Field parking lot which has been identified by prominent signs, striping and numbering for "parking by permit only." Such permit shall:

(1)

Be obtained from the county prior to parking on the designated public property;

(2)

Be limited to parking only during the specified times;

(3)

Be valid for not more than two weeks from the date of the application;

(4)

Limit the display for sale to designated public property for such purpose;

(5)

Contain the name, current address and telephone number of the owner; the license number and description of the motor vehicle, trailer, or recreational boat; the designated location for its display; and the date of the application;

(6)

Be signed by the owner certifying that the motor vehicle, trailer or recreational boat offered for private sale is currently registered in the name of the owner, and that the owner is not a "dealer" as defined in section 38-8.

(7)

Be prominently displayed on the motor vehicle, trailer or recreational boat at all times;

(8)

Be reissued for the same motor vehicle, trailer or recreational boat for no more than six weeks in any six-month period.

(c)

Warning of violation; removal of vehicle. In addition to issuing a citation, a law enforcement officer is authorized to place a warning sticker on any motor vehicle, trailer or recreational boat displayed in violation of subsection (a) or (b) of this section and to provide for its removal if it is at the same location 24 hours after the warning sticker is placed on it.

(1)

The warning sticker shall contain the following information:

a.

The date and time the warning sticker was affixed to the vehicle;

b.

A statement that pursuant to this violation, if the vehicle is not removed within 24 hours after the sticker is affixed, the vehicle shall be towed away and stored at the owner's expense and if the vehicle is moved to another unlawful location at any time after such sticker is affixed, it will be subject to immediate removal without further warning; and

c.

The location and telephone number where additional information may be obtained.

(2)

If a vehicle on which a warning sticker has once been issued and affixed is found in another unlawful location at any time after the warning sticker is affixed, the law enforcement officer may immediately without further warning provide that the vehicle be towed away and stored at the owner's expense.

(3)

Within 48 hours after a vehicle is towed away and stored pursuant to this section, the towing and storage facility so designated by the law enforcement agency shall give written notice by certified mail to the registered owner of the vehicle, if known, that the vehicle has been towed away and shall give the address of the storage facility where the vehicle is stored.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.07.015; Ord. No. 02-256, § 69, 7-7-2015)