(A) Definitions. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLE. Any motor vehicle meeting any of the following requirements.
(a) A vehicle not able to be propelled under its own power.
(b) A vehicle with one or more deflated tires.
(c) A vehicle elevated on jack(s), block(s), or stand(s).
JUNK MOTOR VEHICLE. Any motor vehicle meeting any of the following requirements.
(a) Extensively damaged, such damage includes but is not limited to any of the following:
1. A broken windshield or windows which if being operated on a roadway would be a violation of § 71.30 of this code.
2. Missing or deflated tire(s). wheel(s). motor, or transmission.
3. Apparently inoperable, partial dismantled, and if driven upon the roadway would be in such an unsafe condition as to endanger any person.
MOTOR VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels or treads and transporting persons or property or pulling machinery and includes, without limitations, automobiles, trucks, trailers, buses, motorcycles, or tractors.
(B) It shall be unlawful for any person to park, or cause to be parked, any motor vehicle upon any highway, street, or right-of-way within the city if it is a junk motor vehicle or an inoperable motor vehicle.
(1) Any police officer or authorized official with the City of Forest Park charged with the investigation of this section shall upon being made aware of the junk or inoperable motor vehicle, place notice upon the vehicle that it is in violation and must be removed from the highway, street or right-of-way within 48 hours.
(a) Notice may be any prescribed notice, warning, flier, sticker or handwritten notice of the violation placed upon the vehicle in plain view.
(b) Notice may also be made personally to the owner or current custodian of the motor vehicle.
(c) The notice will describe the motor vehicle in question, its location, date and time of day, and the reason(s) for the notice. The notice will further provide a number for the owner or custodian to call to dispute the alleged violation(s).
(2) If after 48 hours the vehicle has not been removed from the roadway, and remains in such a condition to be a violation of this section, or arrangements for removal have not been made between the city and the owner or custodian, a summons or citation may be issued to the owner or custodian.
(3) If after 24 hours of the issuing of a summons or citation and the vehicle still has not been removed from the roadway, continues to remain in such a condition to be a violation of this section, and no arrangements have been made between the city and the owner or custodian, a police officer or authorized agent of the city may provide for the removal of said vehicle at the expense of the vehicle owner and an additional summons or citation may be issued.
(C) This section does not apply to the driver of any vehicle which is disabled while on the paved, improved, or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.
(D) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 30-2017, passed 12-4-17)