Section
92.01 Findings and purpose
92.02 Definitions
92.03 Violation to abandon motor vehicle
92.04 Authority to impound motor vehicles
92.05 Sale; waiting periods
92.06 Notice of taking and sale
92.07 Right to reclaim
92.08 Operator’s deficiency claim; consent to sale
92.09 Disposition by impound lot
92.10 Disposal authority
92.11 Contracts; reimbursement by MPCA
M.S. Chapter 168B, and Minn. Rules Chapter 7035, as they may be amended from time to time, are hereby adopted by reference. This chapter is adopted under the authority of M.S. § 168B.09, Subd. 2, as it may be amended from time to time. If any of these provisions are less stringent that the provisions of M.S. § 168B or Minn. Rules Chapter 7035, as they may be amended from time to time, the statute or rule shall take precedence.
(Ord. 2005-5, passed 9-26-2005)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A motor vehicle, as defined in M.S. § 169.01 as it may be amended from time to time, that:
(a) Has remained illegally:
1. For a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or
2. On private property for a period of time, as determined under § 92.04(B), without the consent of the person in control of the property; and
(b) Lacks vital component parts or is in an inoperable condition that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.
(2) A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended from time to time, is not considered an ABANDONED VEHICLE.
(3) Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with M. S. § 161.242 as it may be amended from time to time, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered ABANDONED VEHICLES.
(4) A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ or court order is in effect.
DEPARTMENT. The Minnesota Department of Public Safety.
IMPOUND. To take and hold a vehicle in legal custody. There are two types of IMPOUND, public and nonpublic.
IMPOUND LOT OPERATOR or OPERATOR. A person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles. OPERATOR includes an operator of a public or nonpublic impound lot, regardless of whether tow truck service is provided.
JUNK VEHICLE. A vehicle that:
(1) Is three years old or older;
(2) Is extensively damaged, with the damage including things as broken or missing wheels, motor, drive train or transmission;
(3) Is apparently inoperable;
(4) Does not have a valid, current registration plate; and
(5) Has an approximate fair market value equal only to the approximate value of the scrap in it.
MOTOR VEHICLE or VEHICLE. Has the meaning given MOTOR VEHICLE in M.S. § 169.01, as it may be amended from time to time.
MOTOR VEHICLE WASTE. Solid waste and liquid wastes derived in the operation of or in the recycling of a motor vehicle, including things such as tires and used motor oil, but excluding scrap metal.
MPCA or AGENCY. The Minnesota Pollution Control Agency.
NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot.
UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment pursuant to § 92.04(B) or M.S. § 169.041 as it may be amended from time to time, but is not a junk vehicle or an abandoned vehicle.
UNIT OF GOVERNMENT. Includes a state department or agency, a special purpose district, and a county, statutory or home rule charter city, or town.
VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including things such as the motor, drive train and wheels.
(Ord. 2005-5, passed 9-26-2005)
Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of the property, is guilty of a misdemeanor.
(Ord. 2005-5, passed 9-26-2005) Penalty § 10.99
(A) Abandoned or junk vehicles. The City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle if the vehicle is on public property. If the abandoned or junk vehicle is located on private property, the vehicle shall not be removed or impounded until the provisions of division (C) below are complied with.
(B) Unauthorized vehicles. The City Clerk, or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any unauthorized vehicle under M.S. § 169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time:
(1) In a public location not governed by M.S. § 169.041 as it may be amended from time to time:
(a) On a highway and properly tagged by a peace officer, four hours;
(b) Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or
(c) That is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or
(2) On private property, only with the express permission of the owner of the property, a resident or other person in control of the premises:
(a) That is single-family or duplex residential property, immediately;
(b) That is private, nonresidential property, properly posted, immediately;
(c) That is private, nonresidential property, not posted, 24 hours; or
(d) That is any residential property, properly posted, immediately.
(3) If under division (B)(2) of this section, permission is not granted, then the city shall not remove and impound any vehicle until the procedure established in division (B)(2) of this section have been followed.
(C) If the vehicle is on private property, the City Clerk or his or her designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any abandoned or junk vehicle on private property only with the permission of the owner of the property, a resident, or other person in control of the premises. If permission is denied, the city may declare the existence of the abandoned or junk vehicle to be a nuisance and proceed to abate the nuisance as provided for in § 94.06. Once the abatement procedure has been completed, the city may apply for an order from a court of competent jurisdiction authorizing the removal and impoundment of the vehicle and, after the order has been granted, the city may then remove and impound the vehicle.
(Ord. 2005-5, passed 9-26-2005) Penalty § 10.99
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