(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle that:
(a) Is over four years old and is left unattended on public property for more than ten days;
(b) Is in an obvious state of disrepair and is left unattended on public property for more than three days;
(c) Has remained illegally on public property for a period of more than 48 hours;
(d) Has remained on private property without the consent of the owner or person in control of the property for more than 48 hours; or
(e) Has been stored, parked or left in a garage, trailer park, or any type of storage or parking lot for more than 30 consecutive days.
DEMOLISHER. Any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
IMMOBILE MOTOR VEHICLE. Any motor vehicle, trailer, semitrailer; or combination or part of a motor vehicle, trailer, or semitrailer that is immobilized and incapable of moving under its own power due to an accident, mechanical breakdown, weather conditions or other emergency situation.
OBVIOUS STATE OF DISREPAIR. A motor vehicle exhibiting one or more of the following characteristics: inoperable under its own power, without one or more wheels or inflated tires, burned throughout, or with more than one broken window.
POSSESSION. Shall be construed to mean either physical possession or constructive possession by a unit of government. PHYSICAL POSSESSION means seizure and physical custody by a unit of government. CONSTRUCTIVE POSSESSION shall be determined by the power and intent of a unit of government to control.
UNATTENDED MOTOR VEHICLE. Any motor vehicle, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer that is on public or private property, unattended by the owner or authorized driver and interferes with or impedes the orderly flow of traffic, or a motor vehicle that is unattended by reason of the arrest of the driver of the motor vehicle.
(B) The presence of an abandoned, dismantled or inoperable motor vehicle on private or public property is hereby declared a nuisance, which maybe abated in accordance with the provisions of this chapter.
(C) This section shall not apply to any vehicle enclosed within a building on private property, or to any vehicle held in connection with an enterprise lawfully licensed by the city or any vehicle retained by the owner for antique collection purposes as long as it is licensed by the state as such and is maintained in operable condition.
(1989 Code, § 13-402) (Ord. 1204, passed 11-13-2008; Ord. 1486, passed 7-9-2015)