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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. Any motor vehicle to which the last registered owner of record thereof has relinquished all further domain and control. Any vehicle which is wrecked or partially wrecked or dismantled or inoperable for a period of seven days shall in such case constitute a prima facie presumption that the last registered owner thereof has abandoned such vehicle, regardless of whether the physical possession of such vehicle remains in the technical custody or control of such owner.
ANTIQUE VEHICLE. Any vehicle currently registered with the state as an antique vehicle.
OWNER. Any person who, alone or jointly or severally with others shall have:
(a) Record legal title to any property or structure thereon, with or without accompanying actual possession thereof; or
(b) Charge, care or control of any property or structure thereon as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.
PREMISES. A lot, plot or parcel of land, including unenclosed structures located thereon.
PROPERTY. Any real property within the city which is not a street or highway.
SPECIAL INTEREST VEHICLE. Any vehicle currently registered with the state as a special interest vehicle.
VEHICLE. A machine propelled by power other than human power and designated to travel along the ground by use of wheels, treads, runners or slides and which transports persons or property or pulls machinery and shall include without limitation an automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
(B) Prohibition.
(1) Except as provided in this section, it shall be unlawful to permit rusted, wrecked, junked, partially dismantled, inoperative or abandoned vehicles to be parked, stored or left on any private property within the city for a period in excess of seven days unless such vehicle is completely enclosed within a building or unless the vehicle is so stored or parked on private property for the purpose of repair or licensing by a duly licensed business or commercial enterprise operated and conducted pursuant to law, and then such vehicle may be parked or stored for only the time necessary to effect the repair or licensing. In no case will such time for repair or licensing exceed 30 days. The building will conform to the building and zoning requirements of the particular district in which it is located. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:
(a) Absence of a current registration plate upon the vehicle;
(b) Placement of the vehicle or parts thereof upon jacks, blocks or other supports; or
(c) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the street or highway.
(2) A motor vehicle may be parked outside of an enclosed structure only if the following conditions are met:
(a) The vehicle has a current and valid registration and license;
(b) The vehicle is parked on a hard surface. For purposes of this section, a HARD SURFACE is defined as a paved hard surface driveway, paved pad or gravel driveway, with dimensions of not less than ten feet by 20 feet, or if graveled, a gravel depth of not less than three inches;
(c) The vehicle is parked on private property, but not within two feet of the property line; and
(d) Antique vehicle storage is addressed separately.
(C) Antique or special interest vehicle. An antique or special interest vehicle kept or maintained on private property as an abandoned vehicle shall be subject to the provisions of this section and considered to be an abandoned vehicle unless the owner or collector thereof shall:
(1) Completely enclose such vehicle within a lawful and aesthetically pleasing wood, brick or stone fence so as not to be visible from the main-traveled way of any adjoining street or highway; and
(2) Keep and maintain such vehicle on blocks or racks with at least 18 inches of clearance between the bottom of the vehicle and the ground so as to prevent rodent harborage and breeding.
(D) Right to enter premises. For the purposes of carrying out the provisions of this section, the Chief of Police, a police officer or a community service technician, is authorized, with the permission of the owner, tenant, agent, lessee or occupant, to enter into or upon any premises or establishment for the purpose of making a thorough examination and to determine whether a violation exists. If such permission is denied and a further examination of the property is required to substantiate a violation, it will be necessary for the Police Department to obtain an administrative search warrant. A lack of consent does not itself bar all police observation from a vantage point which the law enforcement official was legally entitled to be.
(E) Notice of violation.
(1) Notice requiring the removal of abandoned, junked or dismantled vehicles from private property is to be made to the landowner or person in lawful possession of the property upon which such vehicle is located, and the last known registered owner of any vehicle which is in violation of this section, advising them that the motor vehicle violates provisions of this section and directing that the vehicle be moved to a place of lawful storage within ten days or that within ten days the vehicle is to be housed within a building. An attempt to serve written notice upon the registered owner of the vehicle by mail addressed to the owner at the last known address of record listed at the state’s Department of Motor Vehicles is to be made, as well as an attempt to serve written notice upon the landowner of record upon whose land such vehicle is located.
(2) Notice of violation shall be served by certified mail, or in person, to the owner of the real property where the property is located and the last registered owner of the vehicle at the address of record listed at the state’s Department of Motor Vehicles.
(F) Abatement of the city.
(1) Upon the failure of the person upon whom notice to abate a violation was served pursuant to the provisions of this section to abate such violation, in addition to the remedy of prosecution and enforcement as provided in the nuisance ordinance, the Chief of Police or the Chief’s designated representative, or other duly designated officer of the city shall proceed to abate such violation and shall prepare a statement of costs incurred in the abatement thereof to be certified to the City Council.
(2) The abatement of a violation of this section under the direction of the Chief of Police, or designated representative, shall not be a defense or excuse to the owner of a vehicle or property for not conforming with the provisions of this section.
(3) If the owner, occupant, tenant, lessee or agent of the real property where the automobile is located does not remove the automobile(s), or properly store the automobile(s) in accordance within the provisions of this section, the city or its authorized agent, will remove the vehicle(s) and assess the cost of removal, including a reasonable administrative fee, against the owner, occupant, tenant, lessee or agent of the real property where the vehicle was located. Charges for removal of a vehicle when done by the city, or for the city by its agent, or otherwise, shall pay a fee as set by resolution.
(G) Assessment of costs. Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this section shall be assessed against each lot or piece of ground chargeable therewith, as a special assessment or lien as provided by law.
(H) Applicability. This section shall apply to all motor vehicles as defined in § 70.001 of this code except for:
(1) All-terrain vehicles as defined in state statutes;
(2) Snowmobiles as defined in state statutes;
(3) Minibikes as defined in state statutes; and
(4) Road and general purpose construction and maintenance machinery not designed or used primarily for the transportation of persons or property, including, but not limited to, ditch digging apparatus, asphalt spreaders, bucket loaders, leveling graders, earth moving carryalls, power shovels, earth moving equipment and crawler tractors when being used in an active construction or repair project on the real property where located, and then only for so long as the construction or project authorized by a building permit issued by the city is underway.
(Prior Code, § 72.40) (Ord. 98-27, passed 7-20-1998; Ord. 01-23, passed 4-2-2001) Penalty, see § 72.999
SNOW EMERGENCIES
(A) The Mayor and Public Works Director or designee shall publicly announce each declaration of a snow emergency made pursuant to this subchapter by means of broadcast or telecast from broadcasting stations with a normal operating range covering the city and in newspapers of general circulation when so desired. Each announcement shall describe the action taken by the Mayor and Public Works Director or designee, including the time it became or will become effective, and shall specify the streets or areas affected. The Mayor and Public Works Director or designee shall issue an executive order to record the details of the snow emergency as soon after the declaration of an emergency as is feasible.
(B) The Mayor and Public Works Director or designee may declare the prohibition terminated, in whole or in part, effective immediately upon announcement or at a later specified time.
(Prior Code, § 72.50) (Ord. 3165, passed 6-1-1987)
Any provision of this subchapter which becomes effective by order or declaration of the Mayor and Public Works Director or designee upon the occurrence of a snow emergency, while temporarily in effect, shall take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles or emergency traffic directions by a police officer or other person designated by the Chief of Police.
(Prior Code, § 72.51) (Ord. 3165, passed 6-1-1987)
(A) Definition. The term SNOW EMERGENCY ROUTES, as used in this subchapter, shall mean those streets established as such in accordance with the provisions of this subchapter.
(B) Establishment of routes. The Mayor and Public Works Director or designee is hereby authorized to establish snow emergency routes upon any street or highway of the city and may place appropriate signs, marks, lines, signals or other traffic-control devices indicating the existence of the snow emergency routes. The designation of any street, highway or portion thereof as a snow emergency route shall in no way affect any previous designation of that street or highway as an arterial or other road designation.
(Prior Code, § 72.52) (Ord. 2326, passed 9-5-1973)
The Mayor and Public Works Director or designee may order a parking prohibition on all snow emergency routes by declaring that an emergency exists on the basis of falling snow, sleet, freezing rain or official forecast by the U.S. Weather Service of snow, sleet, freezing rain or other weather conditions making it necessary that parking on a snow emergency route be prohibited for snow plowing or other purposes. In such declaration, the Mayor and Public Works Director or designee shall state the time that the emergency shall be in effect. It shall be unlawful for any person to park or allow to remain parked any vehicle on any portion of a snow emergency route during a parking prohibition affecting such streets. Once in effect, the parking prohibition imposed under this section shall remain in effect until terminated by the Mayor and Public Works Director or designee. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
(Prior Code, § 72.53) (Ord. 3165, passed 6-1-1987) Penalty, see § 72.999
Whenever the Mayor and Public Works Director or designee shall find, on the basis of falling snow, accumulated snow, sleet or freezing rain or on the basis of an official forecast by the U.S. Weather Bureau of snow, snow accumulation, sleet or freezing rain that weather conditions will make it necessary that parking on arterial and residential streets be prohibited or restricted for snow plowing and other purposes, the Mayor and Public Works Director or designee may put into effect a parking prohibition on a part of or all of any arterial or residential street by declaring that emergency conditions exist and that all parking be prohibited on both sides of any arterial or residential street or by declaring that parking be prohibited on one side of the arterial or residential street, designating either the odd or even address numbered side, at the Mayor and Public Works Director or designee’s discretion. In such declaration of emergency conditions, the Mayor and Public Works Director or designee shall state the time that the emergency shall be in effect, and from the time so designated, all parking of motor vehicles on arterial or residential streets shall be prohibited. While the prohibition is in effect, no person shall allow to remain parked any motor vehicle on any portion of an arterial or residential street designated herein. Once in effect, a parking prohibition imposed under this section shall remain in effect until terminated by declaration of the Mayor and Public Works Director or designee, who may then declare that there shall be in effect a parking prohibition on the opposite side of those arterial or residential streets designated herein, which prohibition shall remain in effect until terminated by declaration of the Mayor and Public Works Director or designee.
(Prior Code, § 72.54) (Ord. 3165, passed 6-1-1987) Penalty, see § 72.999
(A) Whenever an emergency has been declared pursuant to this subchapter, no person operating a motor vehicle on a designated snow emergency route or designated arterial or residential street shall allow the motor vehicle to become stalled or stuck, including those motor vehicles which become stalled or stuck due to the fact that the motor fuel supply is exhausted or the battery has become inoperative.
(B) Whenever a motor vehicle becomes stalled or stuck for any reason on any designated snow emergency route or designated arterial or residential street on which there is a parking prohibition in effect, the person operating the motor vehicle shall take immediate action to have the motor vehicle towed or pushed off the roadway of the designated snow emergency route or designated arterial or residential street, either to the nearest cross street which is not subject to a parking prohibition or to another appropriate location.
(C) No person shall abandon or leave a motor vehicle in the roadway of a designated snow emergency route or designated arterial or residential street except for the purpose of securing assistance during the actual time necessary to go to nearby telephone, garage, service station or other place of assistance and return without delay.
(Prior Code, § 72.55) (Ord. 2326, passed 9-5-1973) Penalty, see § 72.999
(A) The Police Chief or his or her designee is hereby authorized to remove or have removed a vehicle from a street or city-owned or operated parking facility to the Police Department impound lot or other place designated by the Police Department when one or more of the following occur:
(1) The vehicle is parked on a snow emergency route on which there is a parking prohibition in effect.
(2) The vehicle is stalled on a snow emergency route on which there is a parking prohibition in effect, and the person who is operating the vehicle does not appear to be removing it in accordance with the provisions of this subchapter.
(3) The vehicle is parked on any street or other public area in violation of any parking prohibition or provision of law contained in this subchapter and is interfering or about to interfere with snow removal operations.
(B) The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall be charged with the reasonable cost of towing and storage fees. Any such towing or storage fee shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle shall be entitled to retain possession of the vehicle until the charges are paid. The lien provided for in this section shall not apply to the contents of the vehicle.
Penalty, see § 72.999
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