§ 18-46  ABANDONED, WRECKED OR NON-OPERATING VEHICLES.
   1.   Except as otherwise provided, no person shall store, keep or park any partially dismantled, non-operating, wrecked or junked vehicle on any part of their property that is visible from a public right-of-way, nor shall any person leave such a vehicle for such time, and under such conditions, as to cause it to reasonably appear to be stored, kept or parked upon any private property, dedicated street right-of-way or public easement, nor shall any person dismantle or assemble, in whole or in part, motor vehicles, boats, trailers, recreational vehicles or other machinery or equipment on their private property or a public right-of-way if such operation is visible from a public right-of-way. Vehicles, boats, trailers, recreational vehicles or other machinery or equipment so kept and/or dismantled in whole or in part shall constitute a public nuisance.
   2.   Persons excepted from subsection 1. above are those who maintain such vehicles:
      a.   In enclosed buildings or not visible from a public right-of-way;
      b.   On the premises of a business enterprise operated in a lawful place and manner, when such vehicles are necessary to the operation of said business; or
      c.   In an appropriate storage facility or depository which is maintained by or for the city.
   3.   A rebuttable presumption exists that vehicles are being stored, kept or parked in violation of this section, when any one of the following conditions exists:
      a.   Weeds and/or grass undergrowth indicates to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur;
      b.   One or more wheels are flat or missing;
      c.   Portions of the vehicle which are needed for its operation or control are missing;
      d.   Neighboring residents provide written statements as to the length of time such vehicle has been standing in one place without removal, or statements that parts are taken from, or added to, such vehicle, which would indicate a salvage, garage or used parts operation;
      e.   Evidence exists that provisions of the code of ordinances pertaining to zoning or to junk or salvage yards, are being violated; or
      f.   No current license tag is present or visible on the vehicle.
   4.   Appropriate municipal officials (including, but not limited to, the Mayor, the Chief of Police, the Municipal Building Inspector, the Fire Chief and the City Clerk) may remove and impound, or cause to be removed and impounded, those vehicles which appear to be in violation of this section.
   5.   Prior to the removal and impoundment of any vehicle, stored, kept or parked on private property, under the provisions of this article, or any of the appropriate methods of nuisance abatement (see Chapter 12 of this code of ordinances), the appropriate municipal officials shall attempt to notify, by certified mail, the registered owner of such vehicle, stating that the vehicle appears to be in violation of this article, and that the owner of a vehicle stored, kept or parked on private property, has 48 hours prior to removal and impoundment of such vehicle. Should a member of the Police Department have reasonable cause to believe that a vehicle is being stored kept, parked or appears to be non-operative or has been left unattended, upon any portion of public roadway, shoulder or right-of-way, for a period of 72 hours, shall have the authority to remove and impound such vehicle.
   6.   After a police officer has removed a vehicle from a public roadway, shoulder or right-of-way, the Police Department shall within 72 hours of such removal notify the Department of Public Safety of such removal. The notice of removal shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the police officer’s estimated value of the vehicle.
(Ord. 14-3, passed 4-14-2014)