For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. A vehicle left unoccupied and unclaimed or in such a damaged, disabled, or dismantled condition that the vehicle is inoperable.
HAZARDOUS VEHICLE. A vehicle left in a location or condition that constitutes an immediate and continuous hazard to the safety of persons using the street or alleys of the city. For example, and not for limitation, the following are HAZARDOUS VEHICLES:
(1) Vehicles blocking public or private rights-of-way;
(2) Vehicles with leaks in gas tanks; and
(3) Vehicles blocking fire hydrants.
LAW ENFORCEMENT OFFICER. An authorized law enforcement officer of the city or another city employee authorized to enforce this chapter.
OWNER. A person with a claim, either individually or jointly, or ownership of any interest, legal or equitable, in a vehicle.
PRIVATE GARAGE. A reputable, private storage yard, garage, or other storage place selected by a law enforcement officer.
VEHICLE. Every device in, upon, or by which a person or property is or may be transported or drawn upon a public highway, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 40.01, passed 1-8-1991)
(A) No vehicle that a law enforcement officer has reason to believe is disabled or abandoned shall be parked or left standing on a right-of-way of a city street or alley or on city property for a period in excess of 48 hours, regardless of whether the vehicle is moved to another location on the public right-of-way, street or public property. Compliance with this prohibition requires the vehicle to be removed from the public right-of-way, street or public property within 48 hours to avoid citation. Lack of valid and current vehicle license tags, or valid and current vehicle registration shall be presumptive evidence of abandonment. One or more deflated tires or any other condition indicating the vehicle is inoperable shall be presumptive evidence of disability.
(B) A vehicle so parked or left standing may be taken into custody by a law enforcement officer and shall be held at the expense of the owner or person entitled to possession of the vehicle. A law enforcement officer may use department personnel, equipment, and facilities for the removal and preservation of the vehicle, or may hire other personnel, equipment, and facilities for that purpose.
(Ord. 40.01, passed 1-8-1991; Am. Ord. 2022-08-03, passed 9-13-2022) Penalty, see § 10.99
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