Home-based businesses flourished during the pandemic. Inflation increased the cost of vehicle repairs. Together, these two factors may have contributed to what some cities see as an increase in the number of mechanic shops operating informally in their neighborhoods. To adapt, cities may want to adopt or modify their existing codes of ordinances.
Let's take a look at the motivations for and against regulating home-based auto repair shops and different ways cities have added legislation into their Code of Ordinances.
Reasons why local governments might want to regulate home mechanic businesses.
Local governments have a responsibility to protect their residents' interests and keep them safe. Municipalities might choose to regulate home-based automotive repair services for many reasons.
- Aesthetics and Neighborhood Character: Home-based mechanics often involve storing multiple vehicles, parts, and tools, which can create an unsightly appearance and detract from the neighborhood's curb appeal. Regulations can help maintain property values.
- Safety Concerns: On-street car repairs can pose safety risks for pedestrians and other drivers, especially if the work is being done in a busy area or involves hazardous materials. Regulations can ensure that repairs are conducted safely and do not obstruct traffic or create other hazards.
- Environmental Protection: Improper disposal of used oil, antifreeze, and other automotive fluids can contaminate soil and water sources. Regulations can help prevent environmental damage by requiring proper disposal methods and limiting the use of hazardous materials in residential areas.
- Consumer Protection: Unlicensed mechanics may not have the necessary training or expertise to perform repairs correctly, potentially leading to further damage or safety issues. Regulations can help protect consumers by requiring mechanics to be licensed and insured.
- Noise and Disruption: The noise generated by power tools, air compressors, and other equipment used in car repairs can be disruptive to neighbors, especially in quiet residential areas. Regulations can set limits on noise levels and hours of operation.
Reasons why local governments might not want to regulate home mechanic businesses:
Municipalities are often faced with balancing the tension between individual rights and collective good. There may be compelling reasons to regulate home mechanic businesses, but there are also reasons to leave them unregulated.
- Personal Freedom and Property Rights: Homeowners should have the right to use their property as they see fit, as long as they're not harming others. Regulations that restrict home-based mechanics and on-street repairs can be seen as an overreach of government power.
- Affordability and Availability: Car repairs can be expensive, and many people rely on DIY repairs or home mechanic shops to save money. Regulations that make these options less available can disproportionately affect low-income individuals and families. Residents in rural areas may not have easy access to licensed repair facilities and may rely on home-based mechanics to keep their vehicles maintained.
- Economic Opportunity: Home-based mechanics often provide affordable services to their communities, especially in areas where traditional repair shops are scarce or expensive. Regulations can make it more difficult for these businesses to operate, limiting economic opportunities for mechanics, their suppliers, and their customers.
- Lack of Enforcement: Even with regulations in place, enforcement can be challenging. Local governments may not have the resources to effectively monitor and enforce the rule.
Balancing Individual and Public Good.
Even if local governments see value in regulating home mechanic businesses, they may want to leave grace for individuals to repair their own vehicles at home without running afoul of local law. This can result in regulations that restrict certain activities but not others or add licensing and insurance requirements for home mechanic shops.
- Restrictions: Instead of outright bans, local governments may implement reasonable restrictions on things like the number of vehicles that can be stored on a property, the hours of operation for home-based mechanics, and the types of repairs, if any, that can be performed on-street.
- Education and Outreach: Local governments may provide educational resources on proper disposal of hazardous materials, safe repair practices, and noise reduction techniques. This can help individuals comply with regulations and minimize their impact on the community.
- Licensing and Insurance Requirements: Requiring home-based mechanics to be licensed and insured can help protect consumers and ensure that repairs are performed to a certain standard. Alternatively, local governments might require that individuals only repair vehicles that they can document that they own.
Model Ordinance Codes for Regulating Auto Repair Shops.
Municipal governments regulate home-based auto repair services in different ways. Model code examples from over 2,700 local governments are freely available at the eCodeALP online library. There are many model ordinance codes to work with on this subject. Search for phrases like “home automotive repair shop” and “mechanic shop” to see ordinances that include those terms. Searches can also be narrowed by location.
Here are three model codes from the eCodeALP online library illustrating how municipal governments have integrated these regulations into their code.
The City of Fort Worth, TX
The City of Fort Worth specifically addresses home-based auto repair businesses. Fort Worth placed this ordinance in the Supplemental Use Standards chapter of its code, under § 5.116.A, Home Occupations. This section of the Ft. Worth code allows for home-based businesses under a set of conditions but specifically prohibits home-based auto repair businesses. This ordinance can serve as a model for writing a law that is direct and clear on the topic.
Read § 5.116.A(9)(b) at the eCodeALP Online Libary: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-37087
The City of Worthington, MN
Instead of directly regulating home-based mechanic shops, the City of Worthington targets the problems with property values and neighborhood aesthetics that a home mechanic shop can cause in its neighborhoods. It does this through two ordinances. Under the Abandoned and Inoperable chapter of the General Regulations, section § 97.12 residents are prohibited from storing inoperable vehicles on a public street but are not expressly prohibited from repairing vehicles at their homes. Under the Penalties chapter of the General Regulations, section § 97.15 limits the number of inoperable vehicles auto repair shops can keep on the premises. These ordinances can serve as a model for writing a law that is more flexible on the topic of home repair shops than the previous example while still addressing the potential problems such operations can create.
Read § 97.12: https://codelibrary.amlegal.com/codes/worthingtonmn/latest/worthington_mn/0-0-0-10111
Read § 97.15: https://codelibrary.amlegal.com/codes/worthingtonmn/latest/worthington_mn/0-0-0-14157
Village of Shiller Park, IL
The Village of Shiller Park addresses automotive repair shops in the Licenses; Permits; and Other Regulations chapter of their code. It requires licensing for automative repair shops. The license is obtained through the Village Clerk. This ordinance can serve as a model for writing legislation that licenses automotive repair shops. Licensing provides an opportunity for the local government to determine which auto repair shops should be permitted to operate.
Read § 119.065 Licensed Required: https://codelibrary.amlegal.com/codes/schillerpark/latest/schillerpark_il/0-0-0-9418
Is it Time to Update the Code of Ordinances?
Local governments update, repeal, or modify legislation regularly in response to the needs of their residents and the communities in which they live. Over time, the Code of Ordinances can become disorganized and difficult to reference. Outdated legislation can create confusion. Some states acknowledge the need for a correct, up-to-date code of ordinances by mandating that local governments codify or recodify their code of ordinances on a schedule. If it has been more than ten years since your Code of Ordinances was last codified, please reach out to us at amlegal.com/contact.