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HomeMy WebLinkAbout1991-OR-57ORDINANCE NO. 91-0R-57 ORDINANCE REGULATING SALE OF PRIVATELY OWNED MOTOR VEHICLES ON RESIDENTIALLY OWNED PROPERTY IN THE CITY OF JEFFERSONVILLE AND ALSO STORAGE OF MODIFIED MOTOR VEHICLES AND THE REPAIR AND MAINTENANCE THEREOF WHEREAS, the Common council of the City of Jeffersonville is desiroUs of promoting the public safety and general welfare of the community,~as well as stabilizing values and enhancing the esthetics of residentially zoned areas in the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville as follows: 1. All motor vehicles and watercraft as defined herein displayed for sale on real property which is zoned for residential use within the City must be owned by the legal title holder of said property. The real property records maintained by the Clark County Auditor and the vehicle titles issued and maintained by the Indiana Bureau of Motor Vehicles shall be deemed prima facie evidence with regards to construing the provisions of this ordinance. 2. The term "motor vehicle" as used in this ordinance shall be defined as boats, boat or car trailers, recreational vehicles, trucks over 1-1/2 tons in gross weight, i~ 3. The term "watercraft" as used in this ordinance shall have the same definition as set forth by Indiana Code 14-1-1-1, and any successor statute adopted by the Indiana LegislatUre. 4. Sales of motor vehicles and watercraft covered hereunder shall be limited to a maximum of five (5) per calendar year for each parcel of residentially zoned property as evidenced by the Key Numbers maintained by the Clark County Auditor. However, only one (1) such motor vehicle or watercraft may be displayed for sale at any particular time upon said property. 5. Notwithstanding the provisions set forth hereinabove, no truck exceeding one and one-half (1-1/2) tons in gross weight shall be displayed at any time for sale on property zoned residential in the City of Jeffersonville. 6 ~ NO e motor vehicle as defined in this ordinance requiring a title from the Indiana Bureau of Motor Vehicles, may be displayed for sale on a public street or alley, except in front of the residence of the owner of the vehicle, in the City of Jeffersonville, Indiana. Displays of any motor vehicle and/or watercraft covered by the terms of this ordinance shall not exceed a continuous period of thirty (30) days for each such motor vehicle or watercraft offered for sale upon residentially zoned property in the City of Jeffersonville. Each such motor vehicle or watercraft which is displayed on any single parcel of property for a continuous period of thirty (30) days must be removed for display and sale upon said property for a minimum period of forty-five (45) days prior to being again offered and displayed for sale upon said property. Storage of vehicles modified for off-road racing, or other similar limited to the enclosed confines of accessory building constructed upon property which is zoned residential. stock car racing, activity, shall be a garage or similar any parcel of real Such vehicles shall not be stored in the front, side, or rear yards of any residentially zoned property or within such yard upon a trailer. Such vehicles, whether on a trailer or not, shall also not be parked on public streets or alleys in areas zoned residential in the City. All parts for such vehicles shall not be stored outside unless enclosed in a proper storage building in accordance with the Indiana State Building Code as adopted by the City of Jeffersonville. Work upon such vehicles shall be performed within an enclosed structure and any noise which is occasioned by working upon such vehicles in a residentially zoned area shall cease at 7:00 P.M. local time, and such noise is totally prohibited on Sundays and legal holidays as defined by the Jeffersonville City Code. Violators of this ordinance may be issued a citation by the Jeffersonville Police Department to appear before a court of competent jurisdiction, and within the discretion of such court shall be assessed a civil fine of not less than One nor more than One Thousand finding that this Hundred Dollars ($100.00) Dollars ($1,000.00) upon a ordinance has been violated. 10. Whenever vehicle or street or violation any '. Jeffersonville police officer finds a motor watercraft displayed for sale upon a public alley within the city of Jeffersonville in of this ordinance, the officer is hereby authorized to provide the removal of such vehicle or water craft from the public street or alley by a towing service retained by the Police Department. The owner of the motor vehicle or watercraft shall be responsible for and must satisfy any towing charges occasioned by enforcement of this ordinance prior to release and return of the subject motor vehicle or watercraft. The owner of any motor vehicle or watercraft which is removed under the provisions of this subchapter shall also be cited before a court of competent jurisdiction for violation of the terms of this ordinance. This Ordinance shall be in full force and effect upon its timely passage, promulgation and approval by the Mayor and publication in accordance with the law. Passed and Jeffersonville, adopted by the Common CoUncil of the City of Clark County, Indiana, on the ~ day of 1991. ATTEST: C. RICHARD ~NCER, CLERK-TREASUrER ~A~ES L. CARTER PRESIDENT, COMMON COUNCIL Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ day of /~. , 1991. This Ordinance day of C. RICHARD SPENCEr, JR. CLERK-TREASURER ~ approved and signed by me this 1991. .z~ J~_xx~A. ~ji~=- --~ MAYOR DALE L. OREM