Unlawful curbstoning of vehicle for sale

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61-4-143. Unlawful curbstoning of vehicle for sale. (1) Except as provided in 61-4-123, a person may not display or park a motor vehicle offered or posted for sale on real property in which the person does not have a legal interest if the primary purpose of displaying or parking the vehicle on the property is to promote or effect the sale of the vehicle.

(2) This section does not prohibit the display or parking of a motor vehicle offered or posted for sale when:

(a) the display or parking of the motor vehicle is incidental to actual operation and immediate use of the motor vehicle by the motor vehicle owner;

(b) the motor vehicle owner obtains the written consent of the real property owner, lessee, or agent of the owner or lessee on whose property the motor vehicle is displayed and posts the written consent or a copy of the written consent in the front or rear window of the motor vehicle; or

(c) unless otherwise prohibited by local ordinance, the motor vehicle is displayed on a public street that is adjacent to real property in which the person offering the motor vehicle for sale has a legal interest.

(3) A person who violates subsection (1):

(a) is subject to a written warning for the first violation; and

(b) for a second or subsequent violation, is guilty of a misdemeanor and upon conviction may be fined an amount not less than $250 and not more than $500.

(4) Each violation of subsection (1) is considered a separate offense.

History: En. Sec. 1, Ch. 385, L. 2001; amd. Sec. 170, Ch. 542, L. 2005.


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