CHAPTER 5
ABANDONED, WRECKED VEHICLES
SECTION:
8-5-1: Definitions
8-5-2: Time Limit For Leaving Vehicles On Property Within The Village
8-5-3: Authority To Inspect Vehicles
8-5-4: Authority To Impound Vehicles
8-5-5: Contents Of Notice
8-5-6: Record Searches
8-5-7: Disposal Of Unclaimed Vehicles; Reclaimed Vehicles
8-5-8: Penalty
8-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED VEHICLE: Any vehicle, or any part thereof, in a state of disrepair rendering the vehicle incapable of being driven safely or unlicensed (except vehicles for sale by new and used motor vehicle dealers and repair shops), or left for such a time and under such circumstances as to reasonably appear to have been abandoned or deserted. A vehicle is unlicensed when it does not have a current set of valid license plates from the state in which the vehicle is registered displayed on the vehicle.
CHIEF OF POLICE: The chief of police or authorized representative.
HIGHWAY OR STREET: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property 1.
INOPERABLE MOTOR VEHICLE: Any motor vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. Inoperable motor vehicle shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations 2.
OWNER: A person who holds legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter 3.
URBAN DISTRICT: The territory contiguous to and including any street or highway which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100') for a distance of a quarter of a mile or more1. (Ord. 2010-07, 1-26-2010)
8-5-2: TIME LIMIT FOR LEAVING VEHICLES ON PROPERTY WITHIN THE VILLAGE:
   A.   A vehicle, or any part thereof, which is on a highway and is abandoned, burned, inoperable, partially dismantled, unattended, or wrecked and creating a traffic hazard because of its position in relation to the highway, or on a highway and impeding traffic by its physical appearance, is declared a nuisance and unlawful 2.
   B.   A vehicle, or any part thereof, abandoned on a highway in an urban district that remains ten (10) hours or more, is declared a nuisance and unlawful 3.
   C.   A vehicle, or any part thereof, abandoned or left unattended on a highway, outside of an urban district, that remains twenty four (24) hours or more, is declared a nuisance and unlawful 4.
   D.   A vehicle, or any part thereof, abandoned on public or private property, other than a highway, in view of the general public, except on property of the owner or bailee of such abandoned vehicle, that remains seven (7) days or more, is declared a nuisance and unlawful 5.
   E.   A vehicle, or any part thereof, abandoned, discarded, inoperable, junked, partially dismantled, or wrecked, on private property, and in view of the general public, by any person in charge or control of said vehicle and property, that remains thirty (30) days or more, is declared a nuisance and unlawful. This shall not apply to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the lawful operation of such business enterprise, or to an operable historic vehicle over twenty five (25) years of age6. (Ord. 2010-07, 1-26-2010)
8-5-3: AUTHORITY TO INSPECT VEHICLES:
The chief of police is authorized to enter upon public or private property at all reasonable hours for the purpose of inspecting vehicles reasonably believed to be in violation of this chapter, and affix to such vehicle, in a conspicuous location, in the form of an adhesive sticker, notice informing the owner of the violation. It shall be unlawful for any person to prevent the chief of police from entering public or private property for purposes of carrying out duties under this chapter or to interfere in the lawful performance of duties under the provisions of this chapter. (Ord. 2010-07, 1-26-2010)
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