The accumulation and storage of abandoned, wrecked, junked, partially dismantled, or inoperative vehicles within the city is hereby found to create an unsightly condition tending to reduce the value of private property, to invite plundering, to create fire hazards, to attract vermin, and to constitute an attractive nuisance creating a hazard to the health and safety of the public. The accumulation and outside storage of the vehicles is determined to be in the nature of rubbish litter and unsightly debris, which adversely affect the health, safety, and general welfare of the community. Therefore, the accumulation and storage of the vehicles on public or private property is hereby declared to constitute a public nuisance which may be abated as provided herein or as provided under any other ordinance of the city, or by the laws of the state.
(Ord. 140, passed 8-3-1992)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. Any vehicle to which the last registered owner of record thereof has relinquished dominion of what has remained for a period of more than 48 hours on private property without the consent of the person in control of the property, or has been in an inoperable condition for more than 48 hours, that it has no substantial potential for further use consistent with its usual functions, whether it is located on private or public property, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to, and accepted by, the city. Appropriately licensed but inoperative pioneer, classic, or collector vehicles as defined by M.S. § 168.10, as it may be amended from time to time, may be stored on the owner’s property provided that the vehicles are screened from public view by means of a six-foot high opaque fence.
INOPERATIVE VEHICLE. Any motor vehicle which cannot be driven or propelled under its own power in its existing condition, or which cannot be driven or propelled under its own power in a safe manner because of its wrecked, junked, or partially dismantled condition.
PERSON. Any natural person, firm, partnership, association, corporation, company, or organization of any kind.
VEHICLE. Vehicle means any machine as defined under M.S. §§ 168.11 or 169.011, subd. 92, as they may be amended from time to time, including automobiles, trucks, trailers, motorcycles, tractors, snowmobiles, and other self-propelled machinery.
VITAL COMPONENT PARTS. Parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels.
(Ord. 140, passed 8-3-1992)
(A) No person shall park, store, or leave, or permit the parking, storing, or leaving of any abandoned vehicle or any vehicle which is in a wrecked, junked, partially dismantled, or inoperative condition upon any property, including private property, within the city for a period in excess of 48 hours unless:
(1) The vehicle is completely enclosed within a building;
(2) The vehicle is under control of the city or its agent;
(3) The vehicle is stored or parked on private property in connection with a business or commercial enterprise, operated and conducted in a lawful manner, and when the parking or storing of vehicles is necessary to the operation of the business or commercial enterprise; or
(4) The vehicle is stored or parked on private property of the owner thereof, or a member of his or her family, for the purpose of making repairs thereto, provided that at all times while the vehicle is so stored at least one-half of the total number of wheels of the vehicle are in contact with the ground, and only one vehicle be so stored or parked at any one time.
(B) In the event of a vehicle stored as provided in division (A)(4) above, the vehicle may be so stored for a period not to exceed 14 days, after which time the vehicle shall be deemed “abandoned”.
(Ord. 140, passed 8-3-1992)
If the registered owner of any vehicle which is in violation of this chapter, or if the owner or person in lawful possession or control of the property upon which the vehicle is located, shall fail, neglect, or refuse to remove or house the vehicle in accordance with this chapter, the City Administrator, or the Police Department, may remove and dispose of the vehicle in accordance with the provisions of § 93.06.
(Ord. 140, passed 8-3-1992)
When an abandoned vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in this state or any other state or foreign country, it shall immediately be eligible for sale at public auction, and shall not be subject to the notification or reclamation provisions of §§ 93.07 and 93.08.
(Ord. 140, passed 8-3-1992)
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