(a) No person shall willfully leave any vehicle or an “abandoned junk motor vehicle” defined as any motor vehicle that is not currently registered and operable, defined as being capable of operation on a public street and meeting all safety requirements for such operation, on private property for more than twenty-four consecutive hours without the permission of the person having the right to the possession of the property or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right of way of any road or highway, for twenty-four consecutive hours or longer, without notification to the Police Chief of the reasons for leaving the vehicle in such place. For purposes of this section, the fact that a vehicle has been so left without permission or notification is prima-facie evidence of abandonment.
(b) Any person so leaving any vehicle or “abandoned junk motor vehicle” shall have the opportunity to remove and/or restore said vehicle to registered and operable status within five days of initial notification of a violation under this section. For purposes of this section, proof of operation is the ignition of the engine and the movement of the vehicle by power of the engine and transmission.
(c) Any person so leaving any vehicle or “abandoned junk motor vehicle” for five days after notification shall be charged with a violation of this section, and each subsequent period of five days shall be considered a separate offense.
(Ord. 085-5-98. Passed 5-12-98.)
(d) Except as otherwise provided in this subsection, 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.