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HomeMy WebLinkAboutOrdinance 2190 nen ORDINANCE NO . �j' / �/0 76 EEB - 3 nP 9 : 44 AN ORDINANCE REGULATING MOTOR VEHICLE REPAIA$ L- HOPS-�ANDtl' MOTOR VEHICLE WRECKER SERVICES ; AND FOR OTHER PURPOSES . "l " WHEREAS , the places where motor vehicle repair shops and motor vehicle wrecker services are carried on within the City of Fayetteville sometimes are , or in the future , may be littered with refuse or debris or used as repositories of partially dis - mantled , non-operable , wrecked , junked , or discarded vehicles , thereby creating conditions which tend to attract children and injure their lives and health , increase vermin and noxious weeds , spread disease , invite plundering , attract vagrants , create fire hazards and other safety and health hazards , create , extend , and aggravate urban blight , interfere with the enjoyment of and reduce the value of private property , and interfere with the comfort and well being of the public ; and WHEREAS , adequate protection of the public health , safety , and welfare requires that the business of operating motor vehicle repair shops and motor vehicle wrecker services be regulated and controlled . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . Definitions . The following definitions shall apply in the interpretation and enforcement of this ordinance : ( 1 ) "Motor vehicle " shall mean every self-propelled device in , upon , or by which any person or property is or may be transported or drawn over public streets and highways , except devices used exclusively upon stationery rails or tracks . " Motor vehicle " shall in- clude , but shall not be limited to , automobiles , trucks , tractors , motorcycles , implements of husbandry , or buses . ( 2 ) "Motor vehicle repair shop " shall mean any business where motor vehicles are repaired for a charge and any place where the work of repairing motor vehicles is carried on as an incident to the business of selling new or used motor vehicles , or new or used motor vehicle parts , or as an incident to any other traffic in motor vehicles or their parts or equipment . ( 3 ) " Repair work on motor vehicles " shall mean any work on the premises of a motor vehicle repair shop which requires direct or indirect physical contact with a motor vehicle or part thereof . ( 4 ) " Motor vehicle wrecker service " shall mean any business which , as a part of its operation , tows disabled motor vehicles for a charge . Section 2 . No person in charge of or in control of a motor vehicle repair shop , or a motor vehicle wrecker service whether as owner , lessee , tenant , occupant or otherwise , shall allow any partially dismantled , non-operable , or wrecked motor vehicle to be stored on the premises longer than ten days , unless said motor vehicle is stored in an enclosed building or is stored behind a six- foot fence constructed of such material that the motor vehicle is not readily visible by motorists or pedestrians . A six foot view obscuring fence may be constructed in accordance with this section , notwithstanding any provision of Ordinance 1747 ( Appendix "A " to the Fayetteville Code of or- dinances ) . �p - DATE...:. 61870 ED 8�Q `ELS© n : v U REEL�� .2 - Section 3 . No person in charge of or in control of a motor vehicle repair shop , or a motor vehicle wrecker service , whether as owner , lessee , tenant , occupant , or otherwise , shall allow any partially dismantled , non-operable , or wrecked motor vehicle to be stored within fifty ( 50 ) feet of public street right-of-way ; provided , if a building structure is lawfully located closer than fifty ( 50 ) feet from the street right-of-way , no partially dismantled , non-operable , or wrecked motor vehicle shall be stored closer to street right-of-way than the wall of the building . • Section 4 . This ordinance shall be in full force and effect from and after ninety ( 90 ) days from the date of publication of this ordinance . PASSED AND APPROVED THIS LtMDAY OF , 1976 . U APPROVED : MASCO - ; . Rx r<<� 899 481 c4� . aiao 13 January , 1976 Mr . Don Grimes City Manager City Administration Building Fayetteville , Arkansas 72701 Re : Proposed Ordinance Regulating Motor Vehicle Repair Shops and Motor Vehicle Wrecker Services Dear Mr . Grimes : A copy of Mr . McCord ' s letter to you of 7 January , 1976 , has been received by me . The following observations are offered to each of the seven points , respectively , of that letter . ( 1 ) Since none of my current clients are in the gasoline service station business , no comment either in support or opposition is offered to the suggestions of this point . ( 2 ) As indicated at the City Counsel meeting on 6 January , 1976 , the motor vehicle repair shops which I represent would be put out of business if Section Two of the proposed ordinance were to be enacted . If the object of this ordinance is to eliminate urban blight , various health hazards , and keep streets clear , then Section Two is superfluous , unnecessary , and excessive . The desired improve - ments can be totally effected by the other Sections alone . ( 3 ) Since none of my current clients regularly display new vehicles , no comment is made either in support or opposition of this point . ( 4 ) The addition suggested by Mr . McCord is necessary and advisable to allow the ordinance to achieve its intended purposes . We wholeheartedly endorse adding the following to Section Three of the proposed ordinance : " A six foot view obscuring fence may be constructed in accordance with this section , notwithstanding any provision of Ordinance 1747 ( Appendix " A " to the Fayetteville Code of Ordinances ) " . ( 5 ) We equally endorse the following as a necessary and advisable addition to Section Four of the proposed ordinance : MICROFILMED DATE OCT 1 6 1978 REEL _ Page 2 " If a building structure is lawfully located closer than fifty feet from street right-of-way , such motor vehicles shall be per - mitted to be stored behind a line which is an extension of the wall of the building . " ( 6 ) So long as the suggested additions to Sections Three and Four are adopted as indicated above , we have no objection to Mr . McCord ' s point six . ( 7 ) Considering the time of the year and the inclement weather foreseeable in this season , as well as the limited financial re - sources of some of the businesses to be affected by this proposed ordinance , we would respectfully request that the ordinance not become law until 91 days from the date of its publication , unless the City were to materially or financially facilitate the con - struction of the anticipated view obscuring fences . Yours truly , John B Hawley Attorney at Law Route 8 Fayetteville , Arkansas 72701 JBH : as cc : Mrs . James N . McCord City Attorney Postal Drawer F Fayetteville , Arkansas 72701 CERTIFICATE STATE OF ARKANSAS ) CITY OF FAYETTEVILLE ) J I . DARLENE WESTBROOK, City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , �p Arkansas , therein set forth , and the same is as it appears of Record in Volume at Page �oO — (o / thereof . IN WITN -SS WHEREOF , I have hereunto set my hind and affixed my official seal this c?lP / day of F 0� r A ►jKl�.- ,'� =a - CITY CLERK 4y i i i u 899 46 1 2 � � CERTIFICPATE OF RECORD STATE OF ARKANSAS I SS. Washington County ] 1, Alma L. I(ollmeyer, Circuit Clerk and Ex-Officio Recorderfol. do hereby certify that tha annexed o��r22fo''re Washington County, off ice en the ,-48Y. going inst hent was filed or reco;((d''i l mY ,,I and the same i /r/y� 1b at_j__ o k O oto""`= . record atpa, duly re?o- d in of 19 Witness my-+sand ;and sea! this day ALMAKU —�— Circuit Clerk and i - •Officio Record t. ' ByeDeputy Clerk N 1 CERTIFICATE OF RECORD State of Arktmsas SS City of ]gayettcville I. S_t�anne C. Kennedy, City Clerk and --Of is io recorder f)r t;:e Cify of F_,ycaacille, do he abp car,k that the an . e i or fne- i9 of record in my office a•:d Cie same ;tp- nears in Ordinance & Resolution boo ., , V -at p-irre Lo 0 Witness my hand and seal this day of 19 City Clerk and Ex-Officio Recorder