Section
96.01 Definitions
96.02 Abandoned vehicles and abandoned junk motor vehicles
96.03 Disposition of abandoned junk motor vehicles
96.04 Impounding of motor vehicles or junk motor vehicles on private property
96.05 Disposition of abandoned motor vehicles
96.06 Disposition of unclaimed motor vehicles
96.07 Collector’s vehicles
96.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED JUNK MOTOR VEHICLE. Any motor vehicle meeting all of the following requirements:
(1) Left on private property for more than 48 hours or on a public street or other property open to the public for purposes of vehicular travel or parking for more than 48 hours, or upon or within the right-of-way of any road or highway for more than 48 hours; and
(2) Meeting the requirements as outlined in paragraph (E) above.
AUTOMOBILE SALVAGE YARD. A place of business which is maintained, used or operated for the sole purpose of storing, keeping, buying or selling wrecked or scrapped, ruined or dismantled motor vehicles or motor vehicle parts. It does not include an automobile body shop or an automobile service station.
JUNK MOTOR VEHICLE. Any motor vehicle meeting all of the following requirements:
(1) Three years old or older;
(2) Extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, missing tire(s), wheel(s), motor or transmission;
(3) Apparently inoperable; and
(4) Having a fair market value of $200 or less.
JUNKYARD. An establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying or selling junk, or for the maintenance or operation of any automobile graveyard, and includes garbage dumps and sanitary landfills. For the purpose of this chapter, the term JUNKYARD shall also include scrap metal processing facilities which are located within 1,000 feet of the nearest edge of the right-of-way of state highway, and any site, location or premises on which are kept two or more junk vehicles, whether or not for a commercial purpose.
PERSON. Any person, firm, partnership, association, corporation or organization of any kind.
PROPERTY. Any real property within the city which is not a street or highway.
STREET or HIGHWAY. 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.
VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels or treads and transporting persons or property or pulling machinery and includes, without limitations, automobiles, trucks, trailers, buses, motorcycles and/or tractors.
(Prior Code, § 7.07.01)
(A) No person shall willfully park, store, leave or consent to the parking or storing on any public or private property in the city unlicensed, unused, wrecked, partly dismantled or abandoned junk motor vehicles or any other motor vehicle which is not in operating condition except in an enclosed building or garage, or in a duly licensed junkyard; or towing service yard for a period not to exceed 30 days. The absence of current license plates from any such motor vehicle shall be prima facie evidence that the same is unlicensed and not in operating condition.
(B) The City Manager, or his or her agent, or the Chief of Police, may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipts of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(C) No person shall willfully leave a junk motor vehicle uncovered in the open for no more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice, and each subsequent period of 30 days that a junk motor vehicle continued to be left so constitutes a separate offense.
(Prior Code, § 7.07.02) Penalty, see § 96.99
(A) The Chief of Police shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer in the place where abandoned. The officer shall record the make of the motor vehicle, the serial number when available and shall also detail the damaged or missing equipment to substantiate the value of $1,500 or less. The Chief of Police shall thereupon immediately dispose of the abandoned junk motor vehicle to a junkyard or scrap metal processing facility as defined herein, or to any other facility under contract with the city for the disposal of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the City Police Department for a period of at least two years. The law enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the subject motor vehicle and the manner in which it was disposed of, indicating that all requirements of this section have been complied with, and filing the same with the Clerk of Courts of the county. The Clerk of Courts shall retain the original of the affidavit for the files, furnish one copy thereof to the Registrar, one copy to the junkyard or other facility handling the disposal of the vehicle, and one to the City Police Department, who shall file such copy with the records and photographs relating to the vehicle. Any monies arising from the disposal of an abandoned junk motor vehicle in excess of the expenses resulting from the removal of the vehicle shall be credited to the General Fund of the city. The city assumes no liability for towing costs not covered by the sale of such vehicle.
(B) If, at the expiration of five days, after any motor vehicle or abandoned junk motor vehicle meeting the requirements of § 96.01(E) or (F), has been impounded, the owner, or other person empowered to act therefor, has not contacted the Police Department, it shall be the duty of the Police Department to notify, as soon as possible, either in person or by certified mail with return receipt requested sent to the last known place residence, the owner or any person known to the police to have charge of such vehicle on behalf of the owner, or, if neither can be notified, any known mortgagee of such vehicle, informing him or her of the nature and circumstances of the violation for which such vehicle has been impounded and the rate of storage charges.
(C) (1) Any motor vehicle meeting the requirements of § 96.01(E) or (F), which has remained unclaimed by the owner or lien holder for a period of ten days or longer following notification as provided for in division (B) above, shall be disposed of as provided for in division (A) above.
(2) If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility, the Chief of Police shall execute in triplicate an affidavit, as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with.
(3) The Sheriff or Chief of Police shall retain the original of the affidavit for the Sheriff’s or Chief’s records, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer, the Clerk of Courts, within 30 days of the presentation, shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
(D) (1) The removal by a police officer of a motor vehicle, junk motor vehicle, abandoned junk motor vehicle, unlicensed motor vehicle or inoperative motor vehicle for any of the reasons stated in this chapter shall be at the risk of the owner or person in charge of said vehicle, and there shall be no liability on the part of the city for any damage caused by such removal.
(2) The storage of any such vehicle, when impounded by the city or by order of its designated police officers or other officials, shall be at the risk of the chauffeur, driver or owner thereof, and the city shall not be liable for any damage of any nature or for the theft or destruction by fire or otherwise of any property so impounded.
(Prior Code, § 7.07.03)
(A) No person in charge or control of any private property within the corporation limits of the city, whether as owner, tenant, occupant, lessee or otherwise, shall leave or suffer to remain on his or her said property licensed, unused, wrecked, partly dismantled, inoperative and/or abandoned vehicle, whether owned by him or her or another person, except in an enclosed building in a duly licensed junkyard.
(B) Any motor vehicle parked or stored in violation of division (A) above, other than an abandoned junk motor vehicle as defined in § 96.01(F) and vehicles in a towing service yard as specifically regulated in §§ 96.02(A) and 96.06 shall, after ten days, be removed to a motor vehicle pound or any other place of storage by order of the City Manager of the city or his or her agent or the Chief of Police, and shall not be released except upon payment of towing and storage charges and fines as specified in § 96.99. The absence of current license plates from any such motor vehicle shall be prima facie evidence that the same is unlicensed and not in operating condition.
(Prior Code, § 7.07.04) Penalty, see § 96.99
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