§ 123.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD OF PUBLIC WORKS AND SAFETY. Those individuals, severally and jointly, who comprise and constitute the BOARD OF PUBLIC WORKS AND SAFETY of the city.  However, in the event the Board is divided by ordinance into a Board of Public Works and a Board of Public Safety, then the function of the Board shall be assumed and carried on by the Board of Public Works for the purposes of this chapter unless provided otherwise by law.
   CHIEF OF POLICE.  The CHIEF OF POLICE of the Police Department of the city includes any police officer of the city designated or delegated by him or her to perform any duty, function or responsibility under this chapter, or any police officer who may otherwise be empowered or authorized to act in his or her stead or absence.
   CITY CONTROLLER.  The official designated or appointed as the Controller of the city or his or her delegate or representative.
   INVENTORY.  Any motor vehicles kept, stored, maintained or upon the premises of a public garage at any point in time.
   MOTOR VEHICLE.  Automobiles of every kind and description; motorcycles of every kind and description; trucks of every kind and description; and tractors which are designed for or are capable of drawing or propelling trailers; and shall also include, but not be limited to any part, accessory, component or sub-assembly, whether combined, united, or joined together as or part of an operable vehicle or not, of the automobiles, motorcycles, trucks or tractors; which by way of example includes, but is not limited to motors and parts thereof, transmissions and parts thereof, frames, hubcaps, upholstery, wheels, tires, radios and parts thereof and the like.
   OPERATE.  All forms of exertion of control, management, ownership or administration, and/or activities, actions, functions, services, work or labor, and/or effects and results of this control, management, ownership, administration, activities, actions, functions, services, work or labor as related to the definition of a PUBLIC GARAGE.  OPERATE may also be used synonymously with the phrase “conducting or carrying on the business of a public garage” in the appropriate context.
   POSSESSION.  Includes ACTUAL POSSESSION and CONSTRUCTIVE POSSESSION.  ACTUAL POSSESSION means that a person knowingly has personal manual or physical possession of the thing in question.  CONSTRUCTIVE POSSESSION means that although the thing is in the physical possession of another person, the person having constructive possession knowingly had the power of exercising control over it.  POSSESSION under this chapter is not limited to manual touch or personal custody.  If a person has knowledge of the presence of the thing plus control over it, this is sufficient to constitute POSSESSION under this chapter. Power to produce or to dispose of the thing is evidence of control.  Proof of POSSESSION may be either by circumstantial or direct evidence.  It is not necessary that POSSESSION be immediate or exclusive.  POSSESSION may be SOLE POSSESSION, as where 1 person alone has actual or constructive possession, or POSSESSION may be JOINT POSSESSION, as where 2 or more persons share actual or constructive possession.
   PREMISES.  All lands, structures of whatever kind and description, places and also the equipment and appurtenances connected or used therewith, and also any personal property which is either affixed to, or is otherwise used in connection with any actions, activities, acts or conduct carried on thereupon or for any purpose connected therewith.
   PUBLIC GARAGE.  Any premises used or operated, or allowed to be used or operated, by any person to buy, sell, barter, trade, auction, repair, store, paint, rebuild, reassemble, repaint, build, install, partially or entirely dismantle or partially or entirely assemble or disassemble any motor vehicle whether for profit or hire or not.
      (1)   Leasing companies; manufacturing plants which are engaged primarily in the manufacture or assembly of new parts or the processing of raw materials or both; gas service stations which are engaged only in the business of selling petroleum and chemical products and which do not sell automobiles, trucks, or motorcycles, or act as an agent or intermediary for a sale or allow the premises to be used for a sale; and wholesalers, dealers, distributors and supply houses which buy, sell and use only new parts or components or factory rebuilds; and public or private parking lots used only for the temporary parking of automobiles, are specifically excluded and exempted from the provisions of this chapter.
      (2)   PUBLIC GARAGE.  Shall not apply to any person who does any of the acts mentioned in division (1) above exclusively with regard to a motor vehicle lawfully owned by the person, provided, that the motor vehicle is for personal use only or is used only in connection with the owner’s established business, such as delivery or service vehicles or common carriers, and that any acts are not done for purposes of immediate resale.  Any purchase and sale or other transfer by any person of a motor vehicle occurring within 3 months shall be prima facie evidence of the operation of a public garage, unless otherwise excepted or exempted by this chapter.
(Prior Code, § 123.01)  (Ord. 3803, passed 2-14-1972; Am. Ord. 3837, passed 9-25-1972)