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Ordinance 1918ORDINANCE NO. _/cl AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW CHAPTER 4.11 TO THE EDMONDS CITY CODE REGULATING THE OPERATION OF MOTOR VEHICLE WRECKERS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the Washington State Legislature has author- ized cities to concurrently regulate automobile wreckers within the State, and WHEREAS, the City Council of the City of Edmonds, Wash- ington, finds that the public health, safety and general welfare demand close regulation of the automobile wrecking business in order to reduce the traffic in stolen auto- mobiles and automobile parts, and WHEREAS, the City Council finds that regulation is necessary in order to screen unsightly accumulations of automobiles and automobile parts, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There is hereby created a new chapter in the Edmonds City Code, Chapter 4.111 entitled, "Motor Vehicle Wreckers." Section 2. 4.11.010. Definitions. The following words and phrases as used in this chapter shall have the following meanings: 1. "Motor vehicle wrecker," means every person, firm, partnership, association or corporation engaged in the business of buying, selling or dealing in ve- hicles of a type required to be licensed under -1- the laws of this State, for the purpose of wrecking, dismantling, disassembling or sub- stantially changing the form of any motor vehicle, or who buys or sells integral second- hand parts of component material thereof, in whole or in part, and deals in secondhand motor vehicle parts. 2. "Established place of business," means a build- ing or enclosure which the owner occupies either continuously or at regular periods and where his books and records are kept and business is trans- acted and which must conform with the zoning regu- lations of the City of Edmonds. 3. "Department," means the Washington State Depart- ment of Motor Vehicles. Section 3. 4.11.020. License Required. Before engag- ing in the business of wrecking motor vehicles or trailers every motor vehicle wrecker must have a current, valid state license issued by the Department authorizing him to do so. The owner shall cause the license to be prominently displayed in his place of business where it may be inspected by an in- vestigating officer or.police officer at any time. Section 4. 4.11.030. Records to be Kept. 1. Every motor vehicle wrecker shall maintain books or files in which he shall keep a record and a description of every vehicle wrecked, dismantled, disassembled or substantially altered by him, together with the name of the person, firm or -2- corporation from whom he purchased the vehicle. Such record shall also contain: a. The certificate of title number (if pre- viously titled in this or any other state); b. Name of state where last registered; C. Number of the last license number plate issued; d. Name of vehicle; e. Motor or identification number and serial number of the vehicle; f. Date purchased; g. Disposition of the motor and chassis, and such other information as the Department may require. 2. A motor vehicle wrecker shall also maintain a similar record of all disabled vehicles that have been towed or transported to the motor vehicle wrecker's place of business or to other places designated by the owner of the vehicle or his representative. This record shall specify the name and description of the vehicle, name of the owner, number of license plate, condition of the vehicle, the place where it was picked up and the place to which it was towed or transported. 3. The above -mentioned records and those records required by the Department to be kept by a motor vehicle wrecker shall be subject to inspection at all times by members of the police department, -3- sheriff's office and members of the Washington State Patrol. Section 5. 4.11.040. Improper Practices. 1. No motor vehicle wrecker shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle or integral part thereof whose manufacturer's serial number or other identification mark has been removed, de- faced, covered, altered or destroyed such that it would facilitate concealing or misrepresent- ing the identity of such motor vehicle or trailer. 2. No motor vehicle wrecker shall offer for sale or sell used parts unless he has complied with all the provisions of this chapter. 3. No motor vehicle wrecker shall acquire a motor vehicle without first obtaining a certificate of title, if the vehicle has been last registered in a state which issued a certificate or a record of registration if registered in a state which does not issue a certificate of title. Section 6. 4.11.050. Location and Appearance of Place of Business. No motor vehicle wrecker shall keep any motor vehicle or integral part thereof in any place other than the established place of business designated in the li- cense issued by the Department, without permission of the Department. The activities of a motor vehicle wrecker shall be conducted entirely within his established place of busi- ness and such premises shall be enclosed by a wall or fence -4- six (6) feet high which will obscure from public view the nature of the business con- ducted on the premises. Provided, further, such wall or fence shall be painted or stained a neutral shade which shall blend in with the surrounding premises and such wall or fence shall be kept in good repair. A living hedge of sufficient density and of equal height to prevent view of the confined area may be sub- stituted for the wall or fence. Section 7. 4.11.060. Penalties. Any motor vehicle wrecker who shall fail, neglect or refuse to comply with any of the provisions of this chapter shall upon conviction be punished by a fine of not more than $250.00 or by imprison- ment of not more than ninety (90) days or by both such fine and imprisonment. Section 8. 4.11.300. Severability. If any section, subsection, clause, phrase, or word of this Ordinance or any provision adopted by reference herein is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remain- ing portions of this Ordinance. APPROVED: MAYO , H. �IH. A ATTEST: J_Ztt21'.ez � CITY CLERK, IREM VARNEY MORAN FILED WITH THE CITY CLERK April 27, 1977 PASSED BY THE CITY COUNCIL May 3, 1977 1918 PUBLISHED: May 11, 1977 -5-