Chapter 5.28


5.28.010    Definitions.

5.28.020    State license required.

5.28.030    Record keeping.

5.28.040    Location and appearance of place of business.

5.28.050    Conduct of business--Violation.

5.28.060    Access by law enforcement and code enforcement.

5.28.070    Penalty.

5.28.010 Definitions.

A.  “Motor vehicle wrecker” means every person engaged in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of the state of Washington, for the purpose of wrecking, dismantling, disassembling or essentially changing the form of any motor vehicle, including the practice of disassembling and reassembling automobiles for sale.

B.  “Established place of business” means a building or enclosure which any motor vehicle wrecker occupies either continuously or at regular periods for the purpose of wrecking vehicles, disassembling vehicles, dismantling vehicles, reassembling vehicles or essentially changing the form of any motor vehicle, and where his books and records are kept and business is transacted; or any area where vehicles not in operable condition, used parts of motor vehicles, or vehicles for resale are stored.

C.  “Enclosure” means any fence, wall or gate entirely surrounding a premises occupied as an established place of business by a motor vehicle wrecker.

D.  “Department” means the Washington State Department of Motor Vehicles.  (Ord. 1163(part), 2007)

5.28.020 State license required.

Any motor vehicle wrecker who engages in the business of wrecking motor vehicles in the city must have, in addition to a city business license as contemplated by this title, a Washington State license.  One is not valid without the other.  All licenses shall list each and every place of business of the motor vehicle wrecker within the city.  (Ord. 1163(part), 2007)

5.28.030 Record keeping.

A.  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, reassembled, sold, or substantially altered by him, together with the name of the person, firm, or corporation from whom he purchased the vehicle and/or to whom he sold the vehicle.  Such record shall also contain:

1.  The certificate of title number (if previously titled in this or any other state);

2.  The name of the state where the vehicle was last registered;

3.  The number of the last license plate issued;

4.  The name of the vehicle;

5.  The motor or identification number and serial number of the vehicle;

6.  The date purchased and/or the date sold; and

7.  The disposition of the motor and chassis, and such other information as the Department may require.

B.  Records required by this section and/or required by the Department shall be subject to inspection at all times by members of the city of Wapato police department, Yakima County sheriff’s office, and the Washington State Patrol.  (Ord. 1163(part), 2007)

5.28.040 Location and appearance of place of business.

A.  Motor vehicle wreckers may only operate on property zoned M-2, as defined in Title 17.

B.  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 license issued by the Department and city.  The activities of a motor vehicle wrecker shall be conducted entirely within his established place of business and such premises shall be enclosed by a wall or fence eight feet high which will obscure from public view the nature of the business conducted on the premises; provided, such wall or fence shall be kept in good repair and free of graffiti at all times.  (Ord. 1163(part), 2007)

5.28.050 Conduct of business--Violation.

Every motor vehicle wrecker issued a permit to engage in the business of motor vehicle wrecking within the city limits shall conduct such business in accordance with the following requirements:

A.  All wrecking, dismantling, disassembling, reassembling, or work substantially changing the form of any motor vehicle or trailer, and all storage of vehicles or parts of vehicles wrecked, to be wrecked, in process of reassembly, or to be sold, shall be conducted entirely inside a building or buildings or on premises entirely enclosed by a solid fence or wall at least eight feet in height.

B.  All gasoline, or other inflammable liquid shall be drained and removed from any motor vehicle within such building or buildings or fenced enclosure before such vehicle is wrecked, dismantled, disassembled, reassembled, or substantially changed in form.  All gasoline and highly flammable liquids shall be stored in compliance with the IFC and appropriate regulations formulated by local, county, state and federal rules.

C.  All vehicles, chassis, parts and accessories acquired by any motor vehicle wrecker shall be confined within the building or buildings or the fenced enclosure at such motor vehicle wrecker’s established place of business.

D.  Display of all vehicles, chassis, parts, and accessories shall be confined within the building or buildings or the fenced enclosure at the established place of business of the motor vehicle wrecker.

E.  All motor vehicle wreckers shall comply with all applicable off-street parking requirements found in the Wapato Municipal Code.

F.  All motor vehicle wreckers shall comply with the “clear view triangle” requirements as outlined in the Wapato Municipal Code.

G.  All motor vehicle wreckers shall provide adequate access to the property in case of fire or emergency.  There shall be a minimum of two access points for ingress and egress to the property.

H.  All motor vehicle wreckers shall comply with the rules and regulations regarding storage and disposal of all waste, including hazardous waste, from the premises.  (Ord. 1163(part), 2007)

5.28.060 Access by law enforcement and code enforcement.

It is unlawful for any motor vehicle wrecker to refuse to allow any police officer, fire chief, or code enforcement officer to inspect his or her place of business and all articles and things kept therein whenever such officer shall deem it necessary to do so.  (Ord. 1163(part), 2007)

5.28.070 Penalty.

If any motor vehicle wrecker violates any section of this chapter, he shall be guilty of a misdemeanor, punishable by up to ninety days in jail, a one thousand dollar fine, or both.  (Ord. 1163(part), 2007)