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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HIGHWAY.
(1) A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
(2) HIGHWAY includes STREET.
INOPERATIVE VEHICLE. A vehicle that cannot be moved under its own power or vehicles not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as a non-operational status.
OWNER OF THE LAND. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
OWNER OF THE VEHICLE. The last registered owner and legal owner of record.
PUBLIC PROPERTY. Includes “highway.”
VEHICLE. A device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
(Prior Code, §
10.16.010)
(Ord. 621, passed - -1993)
(A) This chapter does not apply to:
(1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
(2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(B) Nothing in this section shall authorize the maintenance of a public or private nuisance, as defined under provisions of law other than Cal. Vehicle Code Division 11, Chapter 10, commencing with § 22650, and this chapter.
(Prior Code, §
10.16.020)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the town. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the town, the state or any other legal entity or agency having jurisdiction.
(Prior Code, §
10.16.030)
In addition to and in accordance with the determination made and the authority granted by the State of California under Cal. Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Prior Code, §
10.16.040)
(Ord. 621, passed - -1993)
(A) Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police.
(B) In the enforcement of this chapter, the officer and his or her deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter.
(Prior Code, §
10.16.050)
When the Town Council has contracted with or granted a franchise to any person or persons, the person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Prior Code, §
10.16.060)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the town, the Chief of Police has the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.
(Prior Code, §
10.16.070)
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