§ 8.04.010. Enclosing car lots.

It is unlawful for any person to establish, operate or maintain, or cause to be established, operated or maintained, any new or used car lot, or rent-a-car or lease-a-car lot, unless the same shall conform to the following:

A.

On all sides not contiguous to a building or other barrier, the lot shall be surrounded by a metal chain or by a fence or barricade approved by the Police Department.

B.

Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through, or be securely attached to, substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen (18) inches nor more than thirty-six (36) inches above the ground level.

C.

Each opening in the chain or fence which is used for the ingress or egress of motor vehicles shall be secured by a substantial padlock or other approved locking device whenever the lot is unattended.

Provided, however, any violation of the provisions of this section shall not mitigate the offense of stealing a vehicle from such lot; nor shall such violation be used to effect a recovery in any civil action for the theft of such vehicle, or the issuance thereon, or have any other bearing upon any civil action.

(Prior code § 3-12.07)