§ 82-140. Parking for certain purposes prohibited.

(a)

It shall be unlawful for the owner or lessee, or the agent of the owner or lessee, of a used motor vehicle to park and display, or to knowingly allow others to park and display, said motor vehicle for sale on real property not owned or leased by the owner or lessee of the vehicle, or for any individual to park and display any used motor vehicle for sale upon the property of another within the City of Fayetteville, unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property upon which the motor vehicle is parked and displayed, and the owner or lessee of the real property upon which the motor vehicle is parked and displayed is licensed as a used motor vehicle dealer by the Georgia Used Motor Vehicle and Used Motor Vehicle Parts Dealers Act, as the same may be amended from time to time.

(b)

The provisions of subsection (a) of this section shall not apply to:

(1)

If the owner of lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked, and the owner or lessee of the vehicle is attending to the business of his/her employment at the time the vehicle is displayed or parked;

(2)

If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or displayed at the time such vehicle is displayed or parked; or

(3)

If the real property on which a vehicle is displayed or parked is a parking lot which a fee is charged for the use of such parking lot and the owner or lessee of the vehicle displayed or parked has paid the fee for the use of such parking lot.

(c)

It shall be unlawful for an owner or lessee of any real property to display or park more than two used motor vehicles at the same time on such real property for the purpose of selling or advertising the sale of such used motor vehicles. Any used motor vehicle displayed or parked for sale must be owned or leased by the owner or lessee of the real estate upon which the vehicles are displayed or parked.

(d)

It shall be unlawful for an owner or lessee of any real property to display or park more than five used motor vehicles within any 12-month period on such real property for the purpose of selling or advertising the sale of such used motor vehicles. Any used motor vehicle displayed or parked for sale must be owned or leased by the owner or lessee of the real estate upon which the vehicles are displayed or parked.

(e)

For the purposes of this section, any motor vehicle bearing a sign or writing or other device indicating that said vehicle is for sale and having been left unattended for a period in excess of two hours shall be deemed to have been left for the purpose of displaying said vehicle for sale.

(f)

Nothing in this section shall restrict a licensed dealer in new or used vehicles from displaying used motor vehicles for sale on the appropriately licensed business premises of such dealer.

(g)

Any person violating this section, upon conviction, shall be punished for each offense by a fine and/or imprisonment up to the maximum extent allowed by the city's Charter. Each day such violation continues shall constitute a separate offense.

(h)

For any motor vehicle displayed or parked in violation of subsection (a) of this section for which the owner or lessee of such vehicle has been given actual notice that the motor vehicle is in violation of city Code and will be impounded, the law enforcement officer may have such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle, and the city manager may then dispose of said vehicle in accordance with O.C.G.A. tit. 40, ch. 11, relating to abandoned motor vehicles.

(i)

Any towing and storage expenses due from the owner or lessee of a motor vehicle pursuant to this section shall not constitute a fine or penalty and shall instead constitute an expense incurred by the owner or lessee of the motor vehicle.

(Ord. of 3-5-68, § 74; Ord. No. 0-12-82, 10-4-82; Ord. No. 0-26-96, § 21-94, 5-20-96; Ord. No. 0-55-96, § I(9), 12-16-96; Ord. No. 0-16-00, § 1, 7-17-00)