JUNK VEHICLES

§ 92.15 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONED. Any motor vehicle that does not display current tags and/or where an owner cannot show proof of insurance or any motor vehicle that has remained illegally on public property for a period of more than 48 hours without consent of the owner or person in control of the property for more than 48 hours.

   JUNK VEHICLE. A vehicle of any age that is damaged or defective in any one or combination of any of the following ways that either makes the vehicle immediately inoperable, or would prohibit the vehicle from being operated in a reasonably safe manner upon the public streets and highways under its own power if self-propelled, or while being towed or pushed, if not self-propelled:

      (1)   Flat tires, missing tires, missing wheels or missing or partially or totally disassembled tires and wheels;

      (2)   Missing inoperative or partially or totally disassembled essential part or parts of the vehicle’s drive train, including, but not limited to, engine, transmission, clutch, transaxle, drive shaft, differential or axle;

      (3)   Extensive exterior body damage or missing or partially or totally disassembled essential body parts, including, but not limited to, fenders, doors, engine hood, bumper or bumpers, windshield or windows;

      (4)   Missing inoperative or partially or totally disassembled essential interior parts, including, but not limited to, driver’s seat, steering wheel, instrument panel, clutch pedal, brake pedal, gear shift lever;

      (5)   Missing inoperative or partially or totally disassembled parts essential to the starting or running of the vehicle under its own power, including, but not limited to, starter, generator or alternator, battery, distributor, gas tank, carburetor or fuel injection system, spark plugs, brakes or radiator;

      (6)   Interior is a container for metal, glass, paper, rags or other cloth, wood, auto parts, machinery, waste or discarded materials in such quantity, quality and arrangement that a driver cannot be properly seated in the vehicle;

      (7)   Lying on the ground (upside down, on its side or at other extreme angle), sitting on block or suspended in the air by any other method; and

      (8)   General environment in which the vehicle sits, including, but not limited to, vegetation that has grown up around, in or through the vehicle, the collection of pools of water in the vehicle and the accumulation of other garbage or debris around the vehicle.

   PERSON. Any natural person, or any firm, partnership, association, corporation or other organization of any kind and description.

   PRIVATE PROPERTY. All property that is not public property, regardless of how the property is zoned or used.

   TRAVELED PORTION OF ANY PUBLIC STREET OR HIGHWAY. The width of the street from curb to curb, or where there are no curbs, the entire width of the paved portion of the street, or where the street is unpaved, the entire width of the street in which vehicles ordinarily use for travel.

   VEHICLE. Any machine propelled by power other than human power, designed to travel along the ground by the use of wheels, treads, self-laying tracks, runners, slides or skids, including, but not limited to, automobiles, trucks, motorcycles, motor scooters, go-carts, campers, tractors, trailers, tractor-trailers, buggies, wagons and earth-moving equipment, and any part of the same.

(1994 Code, § 13-401) (Ord. 584, passed 12-13-1999; Ord. 823, passed 8-27-2018)

§ 92.16 VIOLATIONS A CIVIL OFFENSE.

   It shall be unlawful and a civil offense for any person:

   (A)   To park and/or in any other manner place and leave unattended on the traveled portion of any public street or highway a junk vehicle for any period of time, even if the owner or operator of the vehicle did not intend to permanently desert or forsake the vehicle;

   (B)   To park or in any other manner place and leave unattended on the untraveled portion of any street or highway, or upon any other public property, a junk vehicle for more than 48 continuous hours, even if the owner or operator of the vehicle did not intend to permanently desert or forsake the vehicle; and/or

   (C)   To park, store, keep, maintain on private property a junk vehicle for more than 60 days.

(1994 Code, § 13-402) (Ord. 584, passed 12-13-1999) Penalty, see § 92.99

§ 92.17 EXCEPTIONS.

   (A)   It shall be permissible for a person to park, store, keep and maintain a junked vehicle on private property under the following conditions:

      (1)   The junk vehicle is completely enclosed within a building where neither the vehicle, nor any part of it, is visible from the street or from any other abutting property. However, this exception shall not exempt the owner or person in possession of the property from any zoning, building, housing, property maintenance and other regulations governing the building in which such vehicle is enclosed; and/or

      (2)   The junk vehicle is parked or stored on property lawfully zoned for the parking or storage of such vehicles. However, this exception shall not exempt the owner or occupant of the property from any other zoning, building, property maintenance and other regulations governing the manner in which such vehicles can be kept on such property.

   (B)   No person shall park, store, keep and maintain on private property a junk vehicle for any period of time if it poses an immediate threat to the health and safety of citizens of the city.

(1994 Code, § 13-403) (Ord. 584, passed 12-13-1999) Penalty, see § 92.99

§ 92.18 ENFORCEMENT.

   (A)   (1)   Pursuant to Tenn. Code Ann. § 7-63-101, the Codes Enforcement Officer is authorized to issue an ordinance summons for violations of this subchapter on private property. The Codes Enforcement Officer shall upon the complaint of any citizen, or acting on his or her own information, investigate complaints of junked vehicles on private property.

      (2)   If, after such investigation, the Codes Enforcement Officer finds a junked vehicle on private property, he or she shall issue an ordinance summons. The ordinance summons shall be served upon the owner or owners of the property, and shall give notice to the same to appear and answer the charges against him, her or them.

   (B)   If the offender refuses to sign the agreement to appear, the Codes Enforcement Officer may:

      (1)   Request the city judge to issue a summons; or

      (2)   Request a police office to witness the violation.

   (C)   The police officer who witnesses the violation may issue the offender a citation in lieu of arrest as authorized by Tenn. Code Ann. §§ 7-63-101 et seq. or if the offender refuses to sign the citation, may arrest the offender for failure to sign the citation in lieu of arrest.

(1994 Code, § 13-404) (Ord. 584, passed 12-13-1999)