(a) Definition. Curbstoning is a term given to the practice of buying and selling automobiles without a motor vehicle dealer license and legally established place of business. Curbstoners usually park and display their vehicles for sale in high traffic locations. Often these locations are on rights-of-ways, utility or pipeline easements, at gas stations, convenience stores, supermarket parking lots, public parking lots, etc.
(b) It is unlawful for any person to park a motor vehicle upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by municipal regulation and the person is in compliance with all municipal licensing regulations.
(c) As specified by F.S. § 316.1951, the provisions of subsection (b) do not prohibit a person from parking his or her own motor vehicle or his or her other personal property on any private real property which the person owns or leases or on private real property which the person does not own or lease, but for which he or she obtains the permission of the owner, or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental.
(d) Subsection (b) does not prohibit a licensed motor vehicle dealer from displaying for sale or offering for sale motor vehicles at locations other than the dealer’s licensed location if the dealer has been issued a supplemental license for off-premises sales and has complied with the requirements in subsection (b). A vehicle displayed for sale by a licensed dealer at any location other than the dealer’s licensed location is subject to immediate removal without warning.
(e) A law enforcement officer, code compliance officer, or supervisor of the department may issue a citation and cause to be immediately removed at the owner’s expense any motor vehicle found in violation of subsections (b), (f), (g), (h), or (i). Pursuant to F.S. § 318.18, the owner shall be assessed a penalty of five hundred dollars ($500.00) by the city and the motor vehicle will be immediately removed. A motor vehicle removed under this section shall not be released from an impound or towing and storage facility until after the fine has been paid to the city and a release form has been issued by the city verifying that the fine has been paid.
(f) It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced. A vehicle found in violation of this subsection is subject to immediate removal without warning.
(g) It is unlawful to knowingly attach to any motor vehicle a registration/tag that was not assigned or lawfully transferred to the vehicle. A vehicle found in violation of this subsection is subject to immediate removal without warning.
(h) It is unlawful to display or offer for sale a vehicle that does not have a valid registration. A vehicle found in violation of this subsection is subject to immediate removal without warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions.
(i) A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three (3) or more vehicles offered for sale within a twelve (12)-month period.
(j) Any other provision of law to the contrary notwithstanding, a violation of subsection (b), subsection (f), subsection (g), subsection (h), or subsection (i) shall subject the owner of such motor vehicle to towing fees reasonably necessitated by removal and daily storage of the motor vehicle in addition to a fine as set forth in subsection (e). Such fees and costs are set by the towing, storage, or impound company which removes the vehicle from the unauthorized location.
(k) The city hereby incorporates F.S. §§ 316.1951, 318.18, 320.27, and 320.01 as if fully set forth herein. Further, this section shall automatically incorporate any and all subsequent amendments to F.S. §§ 316.1951, 318.18, 320.27, and 320.01, without further action by the City Commission.
(Ord. No. 14-017, § 2, 9-3-14; Ord. No. 16-001, § 2, 2-2-16)
State law references-Related provisions, F.S. §§ 316.1951, 320.27(5), and 320.01.