A. Purpose: The purpose of this article is to:
1. Promote and protect the health, safety, and general welfare of the residents and property owners in the City of Dubuque.
2. Protect property values and the health, safety, and general welfare of the residents of the City of Dubuque by limiting the use of the public right-of-way for the storage of unused vehicles, inoperable vehicles, unused motor vehicles, and inoperable motor vehicles.
3. Protect the City of Dubuque's natural resources.
4. Promote the fair and equitable use of the public rights-of-way within the City of Dubuque.
B. Definitions. The following terms when used in this article shall have the following meanings:
1. "Unused vehicle," "unused motor vehicle," "inoperable vehicle" and "inoperable motor vehicle" is any vehicle to which any one or more of the following criteria applies:
a. Unlicensed. Any vehicle which is required to be registered under the laws of the State of Iowa that is not registered for the current year.
b. Inoperable. Any vehicle not in a safe and current operating condition such that, upon request of a City of Dubuque police officer or nuisance enforcement officer, the vehicle cannot be started and moved a distance of at least fifty (50) feet.
c. Uninsured. Any vehicle which lacks financial liability coverage, or for which the owner does not possess and produce proof of financial liability coverage, as required under Iowa Code § 321.20B.
d. Missing Glass. Any vehicle in which any portion of the vehicle's windshield, window(s), head light(s), or tail light(s) is missing, regardless of whether any such vehicle component is or was composed of glass or one or more other materials.
e. Wheels and Tires. Any vehicle that lacks functional and usable wheels or tires.
f. Broken or Loose Parts. Any vehicle with broken or loose parts that constitute a danger because of exposed, sharp, or jagged edges, or that make any interior portion of the vehicle, including the trunk or engine compartment, accessible to children or animals.
g. Habitat for Nuisance Animals. Any vehicle that has become a habitat for rats, mice, or other vermin or insects.
h. Defective or Obsolete Condition. Any other vehicle that, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety.
2. Mere licensing of a vehicle described in section (B)(1), above, does not constitute a defense to the finding that the vehicle is in violation of this article, provided that one or more other characteristics exist which define an unused vehicle in this article.
3. "Motor vehicle" means every vehicle which is or is intended to be self-propelled.
4. "Person" means any individual, association, organization, corporation, partnership, firm (either incorporated or unincorporated), or business entity of any type.
5. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon rails or tracks, and including without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.
C. Keeping Or Storing Of Unused Or Inoperable Vehicles: No person shall accumulate, store, or place, or permit the accumulation, storage, or placement, of any unused vehicle in any public right-of-way within the City of Dubuque.
D. Vehicles That Cannot Move Under Their Own Power:
1. No person shall detach any, camper, motorized or vehicle-drawn recreational vehicle, vehicle in tow, trailer of any type, or other vehicle that cannot move under its own power from a towing vehicle and leave it standing in any public right-of-way.
2. No person shall unload a pickup camper from a pickup truck and leave it standing in any public right-of-way.
3. No person shall leave a watercraft, whether standing on a trailer or standing by itself, on any public right-of-way, unless physically attached to an operable motor vehicle.
4. Subsections 1, 2, and 3 shall not apply to the following:
a. A construction site as permitted by the City Manager;
b. The site of a special event as permitted by the City Manager; or
c. During loading or unloading of a camper, motorized or vehicle-driven recreational vehicle, vehicle in tow, trailer of any type, or other vehicle that cannot move under its owner power, including pickup campers and watercraft, for a period not exceeding four continuous hours.
E. Penalties/Enforcement:
1. Any person who violates this article shall be subject to the penalties and other relief provided in section 1-4-2 of this code.
2. Upon discovery of any unused vehicle in violation of this article, the City Manager may initiate abatement proceedings as outlined in this article.
3. In addition to any civil penalty and court costs which may be imposed, any person who violates this article shall also be liable to the City of Dubuque for the costs associated with abatement of the unused vehicle, including actual costs, damages, expenses, staff time, and attorney fees incurred by the City of Dubuque.
F. Abatement Procedure:
1. Upon judgment in favor of the City of Dubuque regarding any municipal infraction issued pursuant to this article, the City Manager may cause any vehicle which is subject to the judgment to be removed from the public right-of-way and stored at a location designated by the City Manager.
2. Notice of removal shall be provided in accordance with section 9-15-321.770 of this code. Removal and storage of any such vehicle shall be in accordance with sections 9-15-321.770, 9-15-321.771, and 9-15-321.772 of this code.
3. If, within six months from the date of the removal of a vehicle under this section, the same vehicle is discovered in an inoperable or unused condition in any public right-of-way, the City Manager may utilize the abatement procedures in this section without first obtaining another judgment on another municipal infraction. All notices required by this section must nonetheless be provided, and all other procedures described herein must nonetheless be followed. (Ord. 29-22, 9-6-2022)