§ 93.07 JUNK CARS.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      JUNK CAR.
         (a)   Any motor vehicle which:
            1.   Does not bear a currently valid and legal license plates;
            2.   Is not in a garage or other building;
            3.   Does not have the appearance of or contain all of the parts and accessories of the same make and model automobile when manufactured and assembled by the manufacturer; or
            4.   A garage or other building does not include a tarp, plastic sheeting or any other similar material or impermanent means that are used to cover a motor vehicle. A garage or other building as contemplated in this chapter is given its ordinary meaning.
         (b)   Any one or all of the above criteria may be used in making a determination that an automobile is a JUNK CAR.
   (B)   Declared to be a public nuisance. Because of the unsightly appearance, danger to health from vermin, rodents and insects and to the safety of children attracted to junk cars, junk cars are declared to be nuisances, except if located in lawfully operated junk yards, or yards lawfully operated for vehicles awaiting permission for junking from the Bureau of Motor Vehicles.
   (C)   Authority of Police Department to order removal. Any member of the Police Department may order a junk car removed from any premises in the town within five days after service and posting as provided in division (D) below.
   (D)   Notice to owner.
      (1)   The order to remove the junk car shall be placed upon the junk car, and copies shall be served upon any adult occupying the real estate on which the junk car is located and upon the owner of the junk car, if known.
      (2)   If no occupant of the real estate or owner of the junk car can be found, a copy of the order affixed to any building on the real estate shall constitute notice to the owner and occupant of the real estate, and to the owner of the junk car.
      (3)   If there is no building on the real estate, the order may be affixed elsewhere on the real estate.
   (E)   Disposal of junk cars.
      (1)   If the junk car is not removed within the time provided in division (C) above, the Police Department may cause the motor vehicle to be removed at the expense of the owner, the expense to constitute a lien on the real estate; or the Police Department may cause the junk car to be removed and to be disposed of in the same manner as now provided by state law for the removal and disposal of abandoned vehicles.
      (2)   In the event the Police Department removes the motor vehicle at the expense of the owner and the expense constitutes a lien on the real estate, the Police Department may, nevertheless, utilize funds contained in the town’s Abandoned Vehicle Fund, which is established by this section, but must deposit into that fund all proceeds from the sale of the junk car or parts thereof.
(Ord. 1996-618, passed 5-21-1996; Ord. 2001-667, passed 7-5-2001) Penalty, see § 93.99