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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 14. Licenses And Business Regulations |
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Article VIII. MOBILE CAR WASH/AUTO DETAIL BUSINESSES |
| § 14-200. MOBILE CAR WASH/AUTO DETAIL BUSINESSES. |
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Effective on Tuesday, December 7, 2021
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-201. Definition. |
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Effective on Tuesday, December 7, 2021
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For purposes of this Chapter, "mobile car wash/auto detail business" means a business that is: a. Conducted from other than a fixed place of business within the City, including operations conducted from a motorized vehicle; b. Engaged in the washing, waxing, cleaning or detailing of motor vehicles; and c. Carried out primarily by means of human effort rather than primarily by mechanical means. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-202. License required. |
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Effective on Tuesday, December 7, 2021
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It is unlawful for a person to conduct, engage in, carry on, advertise, or market a mobile car wash/auto detailing business without a license issued pursuant to this Chapter. In the case of a business that operates from more than one vehicle, each vehicle must be licensed. A Business Tax Receipt, as prescribed in Chapter 19 of the City Code of Ordinances, is also required. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-202.1. Licensing period. |
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Effective on Tuesday, December 7, 2021
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Licensing period is one calendar year from date of issuance and must be renewed annually in compliance to all sections of this chapter. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-203. License renewal. |
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Effective on Tuesday, December 7, 2021
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All licenses issued under this section are valid for the entire licensing period unless revoked prior to expiration. An application to renew a license may be made prior to the expiration of the current license. All current documentation required for initial license issuance shall be submitted with each renewal. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-203.1. Revocation of license. |
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Effective on Tuesday, December 7, 2021
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Any license issued under this section may be revoked by sending a “Notice of Revocation” to the licensee stating both the facts and legal conclusions constituting cause to revoke. Within 10 business days’ of the “Notice of Revocation,” the licensee may request a hearing before the City Manager, or designee, by submitting a written request and response to the Notice to the City Clerk. At the hearing before the City Manager, or designee, the issue shall be whether cause to revoke is present based on either licensee misconduct or the licensee’s failure to comply with registration requirements. The City Manager, or designee, shall allow the licensee to present any defenses the licensee may have and shall, after all of the evidence has been presented, issue a determination in writing. Any party aggrieved by the decision of the City Manager or designee may appeal the decision to a court of competent jurisdiction by petition for writ of certiorari. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-203.2. Unlawful activities. |
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Effective on Tuesday, December 7, 2021
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In the operation of a mobile car wash/auto detail business, it is unlawful for a principal, employee or agent of the business to: a) Engage in washing the exterior of a vehicle upon any public street or public right-of-way, or upon any vacant property or unimproved lot; b) Interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance under F.S. 823.01, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles. c) Engage in washing or cleaning a motor vehicle engine; d) Leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from mobile car wash/auto detail activities. e) Advertise that services are available at a specific location, or otherwise invite customers to come to a specific location to receive services provided by the business f) Erect or place advertising of the business at any location the business may operate, except to the extent required in order to comply with section § 14-206 g) Operate at a fixed location, other than in compliance with section § 14-207 h) Operate a mobile car wash/auto detail business to provide services at any location without the consent of the property owner or authorized tenant. i) Violate any provision of State law or of the Code of Ordinances pertaining to water conservation, stormwater system, or noise. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-204. Vehicles—Registration and insurance. |
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Effective on Tuesday, December 7, 2021
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Each vehicle that is used by a mobile car wash/auto detail business in performing services must be: a) Properly registered with the Florida Department of Motor Vehicles; and b) Insured as required by Florida law, with proof thereof to be provided upon request by the officer/authorized employee. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-205. Documentation required at all times. |
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Effective on Tuesday, December 7, 2021
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At any time a mobile car wash/auto detail business is providing services, an employee or officer of the City may request any principal, employee or agent of the business who is engaged in providing services to produce documentation to verify that he or she is providing, and is authorized to provide, services pursuant to a license issued under this Section. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-206. Allowable signage. |
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Effective on Tuesday, December 7, 2021
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Each licensee that uses a vehicle in its business operation may display the business name, telephone number and City business license number on one or both sides of the vehicle (or on any attached mobile unit or trailer). The displayed graphics must be in form of paint, decals, or magnetic stickers affixed to the vehicle or trailer body. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-207. Time limits. |
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Effective on Tuesday, December 7, 2021
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a) Except as otherwise provided in Subsection (B), a mobile car wash/auto detail business may operate between half hour before sunrise to 10pm (as prescribed in Section 12-61, Noise Ordinance exemptions)) within any twenty-four (24) hour period, and cannot be at a particular location for more than four (4) hours. b) The limitation set forth in Subsection (A) does not apply to a licensed mobile car wash/auto detail business during any period of time in which the business: 1) Is washing vehicles consisting of the inventory of a motor vehicle dealer licensed under Florida law and is entitled to sell or lease motor vehicles; or 2) Pursuant to written agreement with another business, is washing the vehicles that are used by that other business or vehicles that belong to employees of that other business. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-208. Location restrictions. |
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Effective on Tuesday, December 7, 2021
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No mobile car wash/auto detail business may operate within one hundred fifty feet of any location at which any other mobile car wash/auto detail business is providing services during the period of those services. |
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(Ord. No. 2021-14, § 1, 12-07-21) |
| § 14-209. Enforcement and Penalties. | ||||||||
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Effective on Tuesday, December 7, 2021
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Any person or business in violation of this chapter shall be subject to a civil penalty as shown in subsection (A). Each day the violation exists shall be considered a separate violation. The penalty provided herein is cumulative to other remedies or enforcement processes the City may have, including those available under Chapter 162, Florida Statutes and this Code. A. Penalties:
In addition to those agencies, officers and employees specifically authorized to enforce the provisions of this Section, this Chapter may be enforced by any department or function of the City specifically assigned to its enforcement by the City Manager. |
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(Ord. No. 2021-14, § 1, 12-07-21) |