§ 8.04 DEFINITIONS.

   The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

   ABANDONED VEHICLE.

      (1)   A motor vehicle , as defined herein, that:

         (A)   Has remained parked or stored:

            (i)   For a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or

            (ii)   On private property for a period of time, as set forth in M.S. § 168B.04, subd. 2, as it may be amended from time to time, without the consent of the owner or occupant of the private property.

         (B)   Lacks vital component parts , does not have attached to it a current license plate or tabs as required by state law or is an inoperable vehicle , unless it is kept in an enclosed garage or storage building.

      (2)   A classic car or pioneer car, meeting the requirements of M.S. § 168.10, as it may be amended from time to time, is not considered an ABANDONED VEHICLE.

      (3)   A vehicle stored on the premises of a junk yard or automobile graveyard as defined, maintained and licensed in accordance with the State Junk Yard Act, M.S. § 161.242, as it may be amended from time to time, and where the junk yard or automobile graveyard is licensed and maintained in accordance with this city code and zoning regulations, is not considered an ABANDONED VEHICLE.

      (4)   A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered an abandoned vehicle, nor may it be processed as an ABANDONED VEHICLE while the police hold, writ or court order is in effect.

   CITY ENFORCEMENT OFFICERS. Those city employees authorized under city code § 1.06(b) or § 2.99 to issue citations or tags for violations of city code pursuant to §§ 1.11 or 2.99.

   IMPOUND. To take and hold a vehicle in legal custody. There are two types of IMPOUNDS, public and nonpublic.

   IMPOUND LOT OPERATOR or OPERATOR. A person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles . OPERATOR includes an operator of a public or nonpublic impound lot , regardless of whether tow truck service is provided.

   INOPERABLE VEHICLE. Any motor vehicle that is no longer capable of being driven or propelled under its own power from place to place or regularly used for transportation purposes in its existing condition or which cannot be driven or propelled under its own power from place to place or regularly used for transportation purposes in a safe manner because of its wrecked, junked or partially dismantled condition.

   ISSUING AUTHORITY. The City License Section, Building and Inspection Division, Environmental Services Division or City Fire Marshal.

   JUNK VEHICLE. A vehicle that:

      (1)   Is three years old or older;

      (2)   Is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train or transmission;

      (3)   Is apparently inoperable;

      (4)   Does not have a valid, current registration plate; and

      (5)   Has an approximate fair market value equal only to the approximate value of the scrap in it.

   MOTOR VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors and wagons. MOTOR VEHICLE does not include electric personal assistive mobility devices, personal recreational vehicles or snowmobiles.

   NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot .

   OFF-ROAD VEHICLE. Any self-propelled vehicle, power assisted vehicle and any vehicle propelled or drawn by a self-propelled vehicle powered by a motor having a piston displacement capacity of over 25 cubic centimeters or an electric motor that is capable of propelling the vehicle at a speed in excess of 20 mph on a flat surface, including, but not limited to, all-terrain vehicles, hovercrafts or motor vehicles licensed for highway operation which is being used for off-road recreational purposes.

   OVER-DIMENSIONED VEHICLE. A motor vehicle or combination of motor vehicles that exceed the height, width or load limitations set forth in M.S. §§ 169.80 through169.88, as they may be amended from time to time.

   OVER-DIMENSIONED VEHICLE PERMIT. A permit issued by the city, pursuant to the authority set forth in M.S. § 169.86, as may be amended from time to time, authorizing the applicant to move an over-dimensioned vehicle upon any highway or roadway under the city’s jurisdiction and for the maintenance of which the city is responsible.

   OWNER or OCCUPANT. The person in control of private real property by ownership, lease, management agreement or other written document entitling the individual to the lawful occupancy and control of the premises.

   PARKED VEHICLE. A vehicle that is not in operation and temporarily placed on-street or off-street for a period of less than 48 hours. Vehicles parked for more than 48 hours in the same location will be subject to the regulations set forth in this city code applicable to exterior storage.

   PERSONAL RECREATIONAL VEHICLE. Any self-propelled vehicle, power assisted vehicle and any vehicle propelled or drawn by a self-propelled vehicle powered by a motor having a piston displacement capacity of over 25 cubic centimeters or an electric motor that is capable of propelling the vehicle at a speed in excess of 20 mph on a flat surface, including, but not limited to, trail bikes, mini-bikes, go-carts, motorized scooters or motorized skateboards (also known as “powerboards”). Motorized golf carts operated on property principally used as a golf course are exempt from the regulations of this chapter.

   PUBLIC IMPOUND LOT. An impound lot contracting with the city pursuant to this chapter of the city code.

   TOWING AUTHORITY. A private towing company authorized by contract with the city for the towing, impoundment and storage of abandoned, inoperable , junk or unauthorized vehicles at the direction of the city.

   UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment pursuant to M.S. § 168B.04, subd. 2, as it may be amended from time to time, or M.S. § 168B.035, as it may be amended from time to time, but is not a junk vehicle or an abandoned vehicle .

   VEHICLE OWNER. The person or persons legally entitled to possession, use and control of a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days or more. There is a rebuttable presumption that a person registered as the owner of a motor vehicle according to the records of the Department of Public Safety is the legal owner . For purposes of this chapter, if a motor vehicle is owned jointly by two or more people, each owner’s interest extends to the whole of the vehicle and is not subject to apportionment.

   VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including such things as the motor, drive train and wheels.

(1958 Code, § 102.04) (Ord. 171, passed 2-12-1959; repealed by Ord. 66-75, passed 12-19-1966; added by Ord. 68-18, passed 2-19-1968; Ord. 69-58, passed 7-14-1969; Ord. 75-7, passed 2-24-1975; Ord. 85-8, passed 3-18-1985; Ord. 88-70, passed 11-28-1988; recodified by Ord. 2013-9, passed 4-1-2013)