§ 5-3-1 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED, WRECKED, JUNKED OR DISMANTLED VEHICLE. Every vehicle, which is not being used for its manufactured or intended purpose and has been discarded, abandoned, wrecked, stored, junked, dismantled or partially dismantled, including parts thereof.
   ENCLOSED AREA. An area shall be deemed an ENCLOSED AREA when surrounded by a fence or other structure, and is constructed of an opaque material, and surrounds the area on all sides, such that abandoned, wrecked, junked or dismantled vehicles behind the fence or other structure are not visible from the public right-of-way or other private or public property.
   ENCLOSED STRUCTURE. A garage or building structure erected pursuant to the lawful issuance of a building permit, constructed in accordance with all applicable zoning and building code regulations and which provides a complete enclosure such that abandoned, wrecked, junked or dismantled vehicles are not visible from the public right-of-way or other private or public property.
   HOBBYIST PERMIT. A permit is for the restoration or repair of one non-operating, wrecked, junked or partially dismantled vehicles on any premises used for residential purposes may be granted to the resident of such premises as follows.
      (1)   Application for the HOBBYIST PERMIT shall be filed in writing with the City Clerk on a form provided by the city and shall contain the name and address of the applicant and the make, model, year and vehicle identification number of the vehicle to be restored or repaired.
      (2)   The vehicle to be restored or repaired shall be owned by the applicant.
      (3)   The permit shall cover the vehicle only and does not authorize the storage of miscellaneous vehicle parts or junk contained in, on or near the vehicle.
      (4)   The fee for such HOBBYIST PERMIT shall be $50.
      (5)   The permit shall expire on the one hundred-eightieth day following the date of issuance thereof.
      (6)   The HOBBYIST PERMIT for the vehicle shall be renewable one time only upon payment of the $50.
   INOPERABLE. With respect to any vehicle, the inability of all significant mechanical and electrical systems on such vehicle to operate properly and dependably, or the absence of any significant parts. With respect to wheeled and/or motorized vehicles and, where applicable, INOPERABLE means the inability of any of the following systems to operate properly and dependably, or the absence of such parts: tires, wheels, brakes, engine, ignition, transmission, suspension, steering, windows, windshield, horn, muffler, rearview mirror, windshield wiper, service brakes, parking brakes, headlights, brake lights, turn signals.
   JUNK VEHICLE. Any discarded, ruined, wrecked or dismantled motor vehicle including components parts, which is not lawfully and validly licensed and remains inoperative incapable of being driven.
(MCA 75-10-501(4))
   PUBLIC NUISANCE. A nuisance which affects, at the same time, an entire community or neighborhood or any other considerable number of persons, although the extent of the annoyance or damage inflicted on individuals may be unequal.
   PUBLIC RIGHT-OF-WAY. A public right-of-way is a private property that has been dedicated to the community for the purpose of public usage for things such as, but not limited to, motorized access, non-motorized and pedestrian access, trails, common areas, utility placement and other forms of community benefit.
   PUBLIC VIEW. Any area visible from the surface of the center of a public roadway or right-of- way.
   SHIELDING. Any natural barriers, fencing or other manmade barriers used to conceal any violation on the premises from public view. All shielding barriers must conform to all local zoning, planning, building and protective covenant requirements. All shielding barriers shall be of sufficient height and density to conceal any violation on the premises from public view. This definition is not intended to require that permanent buildings, utility poles or other similar structures be shielded.
   UNLICENSED. With respect to any vehicle which is required to be registered under state law with the Department of Justice, Motor Vehicle Division, the absence of the appropriate license tags and/of stickers attached to such vehicle showing a current registration.
   VEHICLE. Any automobile, car, truck, all-terrain vehicle, motorcycle, tractor, trailer, pole trailer, bus, camper, motor home, travel trailer, recreational vehicle, snowmobile, boat or other watercraft.
(1992 Code, § 8-1-318) (Ord. 2017-06, passed 9-5-2017)