A. It shall be unlawful and an offense for any person, firm, association, corporation or trust to sell, offer for sale, or display for sale one (1) or more used motor vehicles within the City, without first obtaining a license therefore from the appropriate State authorities as set forth in 47 O.S. § 581 et seq., or amendments thereto. It shall be unlawful and an offense for any owner of real property, lessee of real property, or person having an interest in real property to allow the sale, or display for sale, of one (1) or more used motor vehicles within the City unless said property is zoned for such use. Provided that this section shall not apply to any person making such use of their own personal residence, and involving no more than one (1) vehicle licensed in their own name as owner.
B. It shall be unlawful and constitute an offense for any person, firm, association, corporation or trust to fail to show a valid State license under Title 47 O.S., upon the request of any properly identified officer or employee of the City.
C. It shall be unlawful and an offense for any person, firm, association, corporation or trust to violate any of the provisions of the Automotive Dismantlers and Parts Recycler Act, also known as 47 O.S. § 591.1 et seq., within the City limits.
D. Each day during which any of the above business operations are conducted in violation of this section shall be considered a separate offense; each successfully consummated transaction during which the provisions of this section are violated shall constitute a separate offense.
E. Members of the Police Department or code enforcement officers are hereby authorized to remove a vehicle from any property to a garage or other place of safety when such vehicle has been parked on more than one (1) occasion for the principle purpose of displaying such vehicle for sale in violation of this chapter or the City Zoning Code. City personnel shall be required to show that an official notice, warning, citation, or warrant has been issued by the City for the vehicle involved prior to the incident for which the vehicle is to be towed.
F. The prohibition contained in subsection (A) shall not apply to mortgagees or secured parties who are selling motor vehicles which were collateral on a mortgage or security agreement if:
1. Such mortgages or secured parties do not realize for their own account from such sales any monies in excess of the outstanding balance secured by such mortgage or security agreement, plus costs of collection; and
2. The sale is conducted as a lawful secondary use on such mortgagees' or secured parties' business property.
(Ord. No. 03-04, § 1, 8-4-2003)