§ 40-432. Motor vehicles for sale; penalties; towing

(a)

Except as provided in subsection (b) of this section, it shall be unlawful for any person to park a motor vehicle on public or private property having displayed thereon any writing indicating that such vehicle is for sale.

(b)

The provisions of this section shall not apply to:

(1)

A vehicle parked on private property having both a certificate of occupancy issued by the city and a license from the Texas Department of Transportation authorizing the sale of vehicles at that location;

(2)

A single vehicle legally parked on the premises of, or in the right-of-way immediately adjacent to a residence provided the vehicle is owned by or registered to the occupant of the residence; or

(3)

A vehicle that is parked on either public or private property adjacent to a building or location to which the vehicle owner has traveled to perform his normal course of business or employment or on a personal errand.

(4)

A vehicle located on private property that has affixed on the windshield a notarized statement from the property owner or authorized agent indicating that the vehicle owner has permission to sell the vehicle on the property. The notarized statement shall include the name, address and telephone number of the property owner or authorized agent. If the property owner is a partnership or corporation, the notarized statement shall include the name, address, and telephone number of one of the partners or one of the principals.

(c)

A violation of this section shall constitute a class C misdemeanor.

(d)

Subject to the provisions in subsection (e) of this section:

(1)

A vehicle parked on public property in violation of this section shall be subject to immediate removal; or

(2)

A vehicle parked on private property in violation of this section shall be subject to removal not sooner than two hours after the notice pursuant to section 40-433 of this Code is attached to the vehicle.

(e)

Prior to causing a vehicle to be removed pursuant to subsection (d), the police chief shall attempt to contact the individual whose phone number appears on the "for sale" sign of the vehicle by phone to provide an opportunity for that individual to remove the vehicle. If contact is made, the individual shall have one hour to remove the vehicle from that location after the police chief has contacted him regarding the violation.

(Ord. No. 06-29, § 2, 1-11-06)