§ 14-44. Sale of motor vehicles on property not owned by motor vehicle seller.

(a)

It is unlawful for any person, corporation or entity to offer to sell a motor vehicle from public property or from property not owned or leased by the seller. An offer of sale is defined as displaying upon the motor vehicle the words "For Sale" or words of similar meaning.

(b)

It shall not be a violation of this section:

(1)

To sell a motor vehicle from a motor vehicle dealership as defined in Florida Statute 320.27; or

(2)

To temporarily park a motor vehicle in an appropriate parking space for the convenience of the occupants of the motor vehicle.

(c)

Any person, corporation, or other legal entity found guilty of violating any provision of this section shall be subject to imprisonment for a term not to exceed sixty (60) days and a fine which shall be assessed as follows: For the first offense, one hundred dollars ($100.00) during any twelve-month period; for the second offense, two hundred fifty dollars ($250.00) during any twelve-month period; and for each offense thereafter, five hundred dollars ($500.00) during any twelve-month period. Each motor vehicle offered or sold contrary to the terms of this section shall be a separate offense.

(d)

The vehicle shall be subject to immediate towing by a licensed towing company selected by the city. The owner of the vehicle shall be responsible for all towing and storage charges.

(e)

Within forty-eight (48) hours after the vehicle is towed, Saturdays, Sundays and legal holidays excluded, the city shall notify the owner of the vehicle that the vehicle has been towed and the location of the vehicle. Notice shall be sent by regular United States mail to the owner's address as contained in the records of the state department of highway safety and motor vehicles. The notice shall also state that the owner may request a hearing by delivering a request for the hearing in writing to the city clerk within fifteen (15) days of the date of the notice. In the event that a hearing shall be held, if the owner is found to be not in violation of any statute or code provision, the hearing officer shall have the authority to require the city to reimburse the owner for all or any portion of the towing and storage charges. The owners shall not be reimbursed for any other expenses.

(Ord. No. 86-132, § 1, 9-29-86; Ord. No. 94-105, § 1, 2-28-94; Ord. No. 94-163, § 1, 11-28-94; Ord. No. 95-131, § 1, 6-12-95)