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The requirements of this subchapter shall not apply to the following:
(A) One inoperable vehicle kept on private property without being shielded from public view if currently licensed and kept on a private driveway. If this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than 14 days;
(B) Filling stations, automobile repair shops, or any other motor vehicle related businesses in compliance with applicable city ordinances may place inoperable vehicles being repaired or offered for sale on the premises;
(C) Any vehicle specifically designed and used for operation on drag strips or raceways that remains on private property; and
(D) Any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or authorized by the city.
(Prior Code, § 3.0303)
Whenever law enforcement finds an abandoned, wrecked, dismantled, or inoperable vehicle on public property within the city, it is authorized to place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within 24 hours of the giving of the notice. After the expiration of the 24-hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the Police Department from immediately removing a vehicle that constitutes and imminent health, safety, or fire hazard.
(Prior Code, § 3.0304)
The removal agency shall have the rights and obligations conferred upon it by SDCL Ch. 32-36 in regard to titling or disposition of such unclaimed abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions for this subchapter for the costs or reasonable charges in taking custody of and storing such vehicles.
(Prior Code, § 3.0305)
For the purpose of this subchapter, SDCL § 32-30-12 is modified to read as follows: Whenever any vehicle is left unattended on any public road, highway, or highway right-of-way of this state, for a longer period than 24 hours, without notifying the sheriff or highway patrol office of the county or a peace officer of the municipality where said vehicle is parked, it shall be deemed to be an abandoned vehicle and subject to the provisions of SDCL §§ 32-30-13 through 32-30-18, inclusive, or in the alternative, the city may elect to proceed subject to the provisions of SDCL §
§
32-36-2 through 32-36-11, inclusive, as if the abandoned vehicles as defined herein were included in SDCL § 32-36-2, Definition of Terms.
(Prior Code, § 3.0306)
(A) Notice to remove. A notice in writing shall be served by the city upon any person having an abandoned, dismantled, or inoperable vehicle on his or her property requesting the removal of such motor vehicle in the time specified in this subchapter.
(Prior Code, § 3.0307)
(B) Content of notice. The notice in this section shall contain the request for removal within 14 days after the mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this subchapter.
(Prior Code, § 3.0310)
The city shall give notice of removal to the owner or occupant of the private property where the abandoned or inoperable vehicle is located. It shall constitute sufficient notice, when a copy of the notice is sent by registered or certified mail to the owner or occupant of the private property at his or her last known address.
(Prior Code, § 3.0309)