(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. Any of the following:
(a) A vehicle that has been left unattended on public property for more than 24 hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable;
(b) A vehicle that has remained illegally on public property for more than 24 hours;
(c) A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than 24 hours;
(d) A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process in § 94.25 of this chapter;
(e) Any vehicle parked on a city street or highway determined by a police authority to create a hazard to other vehicle traffic;
(f) A vehicle that has been impounded pursuant to § 94.25 of this chapter by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order;
(g) A motor vehicle that has remained for a period of more than 30 days on private property with or without the consent of the person in control of the property, in an inoperable condition, unless it is kept in an enclosed garage or storage building; or
(h) A motor vehicle voluntarily surrendered by its owner to the city or to a towing contractor hired by the city for its removal.
JUNK VEHICLE. Any motor vehicle stored within the corporate limits of the city, not licensed for the current year as required by law or is an inoperable condition or because any of the following characteristics, constitutes a threat to the public health and safety (unless such vehicle is kept in an enclosed garage or storage building or at lawfully operated auto salvage or junk yard). A JUNK VEHICLE shall also be considered an abandoned vehicle for the purpose of this chapter.
JUNK MACHINERY. Any piece of machinery stored within the corporate limits if the city which is in an inoperable condition or because of any one of the following characteristics, constitutes a threat to the public health and safety (unless such machinery is kept in an enclosed garage or storage building or at lawfully operated auto salvage or junk yard):
(a) Broken glass. Any vehicle or machinery with a broken or cracked windshield, window, headlight or taillight, or any other cracked or broken glass;
(b) Broken or loose part. Any vehicle or machinery with a broken or loose part, including, but not limited to, a fender, door, bumper, hood, hood ornament, door handle, window handle, running board, steering wheel, trunk handle, radio aerial, tail pipe or decorative piece;
(c) Habitat for nuisance animals or insects. Any vehicle or piece of machinery which has become the habitat for rats, mice or snakes, or any other vermin or insects;
(d) Flammable fuel. Any vehicle or machinery which contains gasoline or any other flammable fuel;
(e) Defective or obsolete condition. Any other vehicle or piece of machinery which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety; and/or
(f) Salvage. Any other vehicle of piece of machinery which is used for sale of parts or as a source of repair or replacement parts for other vehicles or machinery or which is kept for scrapping, dismantling or salvage of any kind.
INOPERABLE CONDITION. The vehicle has no substantial potential use consistent with its usual function, and shall include a vehicle that:
(a) Has a missing or defective part that is necessary for the normal operation of the vehicle;
(b) Is stored on blocks, jacks or other supports; or
(c) Has not had a current vehicle license for at least three months.
MOTOR VEHICLE or VEHICLE. The meaning contained in Iowa Code Ch. 321.1.
VITAL COMPONENT PARTS. Those parts of the motor vehicle that are essential to the mechanical functioning of the vehicle including, but not limited to, the motor, drive train and wheels.
(B) Vehicles/machinery constituting a public nuisance.
(1) Abandoned vehicles junk vehicles and junk machinery are declared to be a public nuisance creating a hazard to the health and safety of the public because they invite plundering, create fire hazards, attract vermin and present physical dangers to the safety and well being of children and other citizens. The accumulation and outside storage of such vehicles/machinery is in the nature of rubbish, litter and unsightly debris and is a blight on the landscape and a detriment to the environment.
(2) Storage within the corporate limits of a junk motor vehicle or junk machinery upon private property owned or controlled by the owner of the vehicle or machinery, unless excepted by definition, constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk motor vehicle or machinery is stored upon private property in violation hereof, the owner or person in control of the property upon which it is stored shall be prima facie liable for said violation.
(3) Any vehicle, whether occupied or not, that is found stopped or parked in violation of any ordinance or state statute; or that is reported stolen; or that is impeding fire fighting, snow removal or plowing or the orderly flow or traffic, is declared to be a public nuisance.
(4) Any vehicle which is impeding public road or utility repair, construction or maintenance activities after reasonable notice in writing of the proposed activities has been given to the vehicle owner or user at least 12 hours in advance, is declared to be a public nuisance.
(2011 Code, § 13.0206) (Ord. 2209, passed 6-4-2013) Penalty, see § 10.99