As used in this chapter:
(a) "Junk motor vehicle."
(1) Any motor vehicle which meets all of the following requirements:
A. Left on private property for more than seventy-two hours other than in an enclosed garage, on a public street or other property open to the public for the purpose of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for forty-eight hours or longer;
B. Three years old or older;
C. Extensively damaged or deteriorated, such damage or deterioration including, but not limited to, any of the following: a broken window or windshield, missing wheels, tires, motors or transmission;
D. Apparently inoperable;
E. Having a fair market value of one thousand five hundred dollars ($1,500) or less.
(2) A wrecked vehicle being held for repair at an automobile service garage or body shop and a licensed collector's vehicle shall be exempt from the provisions of this definition.
(b) "Motor vehicle" means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, trailers that are used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of twenty-five miles per hour or less, threshing machinery, hay-baling machinery, corn sheller, hammermill and agricultural tractors, machinery used in the production of horticultural, agricultural, and vegetable products, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
(c) "Unlicensed motor vehicle" means any motor vehicle not having affixed thereto current license plates of the state in which such automobile is registered.
(d) "Vehicle" means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.
(Ord. 21-04. Passed 11-8-04.)
Any junk motor vehicle or unlicensed motor vehicle is hereby declared to be a public nuisance because it causes a deteriorating and blighting influence on nearby properties and by reason of its depreciating the enjoyment and use of the properties in the immediate vicinity to such an extent that it is harmful to the public health, welfare and safety of the community in which such junk motor vehicle or unlicensed motor vehicle is located, and such nuisance shall be abated.
(Ord. 21-04. Passed 11-8-04.)
The Chief of Police shall cause notice to be given, by personal service or by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle or unlicensed motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle or unlicensed motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(Ord. 21-04. Passed 11-8-04.)
No person shall willfully leave a junk motor vehicle or unlicensed motor vehicle in the open for more than ten days after receipt of a notice as provided in this chapter. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice, and each subsequent period of thirty days that a junk motor vehicle continues to be so left constitutes a separate offense.
(Ord. 21-04. Passed 11-8-04.)
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