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(a) Definitions. For purposes of this section, the following words, terms and phrases shall have the following meanings:
(1) "Collector's vehicle" shall have the same definition as is set forth in Ohio R.C. 4501.01(F), as the same may, from time to time be amended.
(2) "Historical motor vehicle" shall have the same definition as is set forth in Ohio R.C. 4501.01(G), and 4503.181, as the same may from time to time be amended.
(3) "Junk vehicle" means any vehicle that is partially dismantled, inoperable, or extensively damaged or deteriorated, including, but not limited to, vehicles with deflated, damaged or missing tires or rims; missing body parts; broken or missing headlights, taillights or brake lights; broken, cracked or missing windows or windshields; or missing all or part of a motor or transmission; or otherwise displaying significant damage; and, is not capable of lawful operation on public roads, streets, or ways at the time any notice or citation is issued by a City official. This definition shall not include vehicles in the immediate process or routine maintenance or repair, such as oil changes, cleaning, changing a flat tire, minor rust repairs and similar activities. Additionally, licensed collector's vehicles, as defined by Ohio R.C. 4501.01(F) and licensed historical motor vehicles, as defined by Ohio R.C. 4501.01(G) and 4503.181, are excluded from this definition.
(4) "Ordinary public view" means readily visible by a person on a public street or sidewalk; or on a lot adjacent to the premises in question.
(5) "Vehicle" means any device used for the transportation of people or goods over land or water surfaces and/or licensed as a vehicle or water craft by the State of Ohio. This term includes, without limitation, automobiles, trucks, trailers, buses, recreational vehicles, motorcycles, tractors, airplanes and boats.
(b) Commercial Screening Required. No unlicensed collector's vehicle or any historical motor vehicle shall be stored within the City of Greenville, Ohio, unless all of the following apply:
(1) The vehicle is parked on a hard, properly drained surface in accordance with applicable zoning regulations; and
(2) The vehicle is screened from ordinary public view, with screening consisting of fencing, mounting, walls and/or vegetation, and erected or planted in accordance with the following:
A. Fences or walls shall be neatly constructed and maintained of opaque material, and maintained to ensure opaqueness;
B. Vegetation and/or mounding shall be designed, grown and maintained to an opaque state;
C. Such screening shall not be less than six feet in height, above grade;
D. Such screening shall be maintained in good, neat condition to insure opaqueness and aesthetic quality; and
E. Such screening shall not contain any form of advertising.
(c) Storage of Junk Vehicles Prohibited. No person, either the registered owner or person in control of the subject motor vehicle, shall deposit, store, maintain, collect or permit the deposit, storage, maintenance or collection of a junk vehicle or vehicles on premises owned or occupied by, or under the control of, such person, unless any such junk vehicle is completely enclosed within the confines of a structure, and not within ordinary public view.
(d) Violations. A violation of this section shall be deemed to occur if a junk vehicle, offending collector's vehicle or historical motor vehicle, is not brought into compliance with the content of this section within 15 days of the service of the notice provided for in division (e) of this section.
(e) Notice of Violations. A notice shall be sent by the Director of Public Safety/Service for the City of Greenville, Ohio, by regular United States mail to the owner or the person or persons having the right of possession of the premises on which the offending vehicle is located in violation of this section. Alternatively, this notice may be posted in a prominent place on said premises, or served personally. The notice required hereby shall identify the nature of the violation and shall state that the offending vehicle or vehicles shall be fully repaired or moved, or fully enclosed or screened, whichever is applicable, within 15 days of the date of the notice, or that the owner or the person or persons having the right to the possession of the premises upon which the offending vehicle or vehicles is/are maintained shall be guilty of a violation of Codified Ordinance Section 660.07, and subject to criminal prosecution and the penalties set forth herein.
(f) Penalties. Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; and on a third, or subsequent offense, such person is guilty of a misdemeanor of the third degree. For purposes of this section, each subsequent 30 day period that an offending vehicle continues to be in violation shall constitute a separate offense.
(g) Miscellaneous. Nothing within this section shall be construed as a limitation or impairment of the City of Greenville's right to take such other appropriate action under any provision in applicable Ohio law.
(Ord. 03-40. Passed 4-15-03.)