(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.
(1) Any vehicle which is without a current valid license, and/or is in a wrecked, dismantled, partly dismantled, inoperative, or junked condition.
(2) An
ABANDONED VEHICLE is also a motor vehicle from which, for a period of at least seven days, the engine, wheels, or other parts have been removed, or 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 power, or has been unmoved for a period of at least seven days, or is in such a condition that would leave it incapable of being licensed to be driven. However, nothing in this section shall apply to any motor vehicle that is kept within a building nor does it apply to any motor vehicle on the premises of a place of business engaged in the wrecking or abandoning of motor vehicles.
MOTOR VEHICLE.
(1) Every vehicle which is propelled otherwise than by muscular power, including but not limited to motorcycles, motor-driven cycles, reconstructed vehicles, motor tractors, buses, semi-trailers, special mobile equipment, specifically constructed vehicles, trailers, trucks and truck tractors.
MOTOR VEHICLES which are designed and used for the carrying of not more than seven persons shall be classified as “MOTOR VEHICLES of the first division”.
(2) Those
MOTOR VEHICLES that are designed and used for pulling and carrying freight or are used for the carrying of more than seven persons, shall be called “MOTOR VEHICLES of the second division”.
MOTORCYCLE. A motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
PROPERTY. Real property within the city which is not a street or highway.
(B) Vehicle declared a nuisance. All abandoned vehicles, whether on public or private property, are declared a nuisance, and any person who violates a provision of this chapter pertaining thereto or who fails to obey a notice which states that the person is to dispose of that vehicle under his or her control shall be subject to the fines and penalties provided in § 10.99 of this code.
(C) Requirement to garage certain vehicles. Unless otherwise provided for in this chapter, all unregistered, including able or abandoned vehicles, shall be garaged in a residential district.
(D) Depositing, storing abandoned vehicles prohibited. It is unlawful for any person to deposit, store, park or abandon any abandoned vehicle or parts of any abandoned vehicle upon any street or other public or private property within the city, and in view of the public, for more than a period of seven days.
(E) Repair or demolition of vehicles. Unless otherwise provided for, no motor vehicle which is in a state of major disassembly, disrepair or which is being stripped or dismantled shall be permitted on any property located within a residential district for more than seven days. Commercial repairs are not allowed within a residential zone. Any vehicle being repaired must be licensed to the property owner or family member.
(F) Sale of vehicles. The offering for sale of two or more vehicles at the same time on private property located within a residential district is prohibited. At no time and under no circumstances is the offering for sale of an abandoned vehicle, or sale of vehicle parts, permitted in open areas on private property in residential districts, or nonresidential districts unless the property is zoned and licensed for that use.
(G) Parking of vehicles in residential district. All vehicles parked in a residential district shall be parked on a street, clearly delineated driveway or within a garage. At no time shall a motor vehicle be parked, stored or in any manner be placed on the front, side or rear yards or otherwise allowed to create a nuisance to adjoining property owners by placing the vehicle in areas other than herein provided. Vehicles as defined in this section shall not apply to boat or RV-type vehicles which are elsewhere regulated.
(H) Removal and impoundment of vehicles. After seven days from the issuance of a warning, a member of the Police Department may enter upon public or private property and remove any abandoned vehicle, or parts thereof, for the purpose of disposing of same. The cost for the removal shall be paid by the owner of the property. However, nothing in this section shall apply to any vehicle that is kept within a building, nor does this section apply to properly licensed operable historic vehicles over 25 years of age, or to vehicles on the premises of a place of business engaged in the wrecking or storing of abandoned vehicles.
(I) Redemption after impoundment. Before the owner or any person entitled to the possession of a legally impounded vehicle shall be permitted to remove the same from the pound, the person shall furnish evidence of ownership or right to possession and shall pay for costs of towing or removal to the pound and the cost of storage.
(J) Trailers and able vehicles. This section shall apply to trailers and to able vehicles where they meet the definition in division (A) of this section.
(2000 Code, § 9.12.110) Penalty, see § 132.99