(A) Whenever any vehicle is abandoned or junked, it may be removed for safe keeping and disposition by or under the direction of the Police Department, as specified below, to a storage garage or area.
(B) Any member of the Police Department is authorized to remove or cause to be removed any abandoned or junked vehicle, as hereinafter defined, from a street or other public place owned or controlled by the city and to have it removed to the designated storage garage or area.
(C) Any member of the Police Department is authorized to remove or cause to be removed any abandoned or junked vehicle, as hereinafter defined, from privately owned property or have it removed to the designated storage garage or area. No such vehicle shall be removed without the written request of the owner, lessee or occupant of the premises, unless the same has been declared by the town’s Board of Commissioners to be a health or safety hazard. The person at whose request the vehicle is removed shall indemnify the town against any loss or expense incurred by reason of the removal, storage or sale thereof, unless the Town Board of Commissioners or its designee determines that this indemnity is unnecessary.
(Ord. passed 11-1-1971) Penalty, see § 10.99
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. A vehicle shall be deemed to have been ABANDONED in the following circumstances:
(a) It has been left upon a street or highway in violation of a law or ordinance prohibiting parking;
(b) It fails to display a current license plate;
(c) It is partially dismantled or wrecked;
(d) It is incapable of self-propulsion or being moved in the manner for which it is intended;
(e) It is left on property owned or operated by the city for a period of not less than 24 hours;
(f) It is left on private property without the consent of the owner, occupant or lessee for a period of not less than two hours; or
(g) It is left on any street or highway of the town for a period of not less than 48 hours.
JUNKED VEHICLE. A vehicle shall be deemed to be a JUNKED MOTOR VEHICLE whenever it is found to be an abandoned vehicle as defined above; and, in addition, is found to be inoperable, dismantled or damaged, five years old or older and worth less than $50.
MOTOR VEHICLE or VEHICLE. Includes all machines designed to be self-propelled or pulled and intended to travel along the ground by means of wheels, treads, runners or slides.
(B) Nothing herein shall be construed to apply to any vehicle in an enclosed building or vehicle on the premises of a business enterprise being operated in a lawful place and manner and the vehicle being necessary to the ordinary operation of that business enterprise, or to a vehicle in an appropriate storage place or depository maintained in a lawful place maintained by the town.
(Ord. passed 11-1-1971)
The following abandoned or junked vehicles are hereby declared to be health or safety hazards:
(A) One which is obstructing traffic on a public way;
(B) One which affords depressions in which water can pool;
(C) One which shows evidence of being a rodent harbor;
(D) One which is overrun by weeds and vegetation over eight inches high;
(E) One in which gasoline vapors are present as evidenced by odors;
(F) One which has rough and rusted edges of metal;
(G) One which is within 50 feet of a public way or dwelling; or
(H) Any other vehicle specifically declared to be a health or safety hazard by the governing body.
(Ord. passed 11-1-1971) Penalty, see § 10.99
It shall be unlawful for any person to abandon or junk any vehicle within the town, and for any person to leave or allow to remain any partially dismantled, non-operating, junked or otherwise discarded vehicle.
(Ord. passed 11-1-1971) Penalty, see § 10.99
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