A. Nuisance Vehicle Criteria: Pursuant to section 10-8-60, Utah Code Annotated, 1953, or its successor, the city council finds that the disregard for the authorized use of streets within the city poses a danger to the safe movement of traffic within the city, and declares the same to be a nuisance. Vehicles which meet the following criteria are hereby declared to be nuisances:
1. Any vehicle found upon the streets, alleys or public property of the city with faulty or defective equipment or which does not have, in good working condition, all safety items required by state law;
2. Any vehicle left unattended upon any street, alley, bridge, viaduct, or at any location where such vehicle constitutes an obstruction or hazard to the safe movement of traffic;
3. Any vehicle upon a street or other publicly owned property, so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal;
4. Any vehicle, the driver of which has been taken into custody by the police department, under such circumstances as would leave such vehicle unattended on a street, alley, restricted parking areas or other publicly owned property;
5. Any vehicle found parked in such a manner to constitute a fire hazard or an obstruction to firefighting apparatus, including marked hydrants;
6. Any vehicle stopped, standing or parked in violation of any provisions of the traffic code set out in this title, or of the laws of the state of Utah;
7. Any vehicle parked upon a public street for more than forty eight (48) hours without being moved during that period of time.
B. Unauthorized Use Of Streets; Two Or More Notices (Parking Tickets); Nuisance: Any person receiving two (2) or more notices of unauthorized use of streets (parking tickets) within the city, pursuant to chapter 12.56 of this title, which notices are forty (40) days old or older and have not been dismissed pursuant to subsection 12.56.570E of this title, or its successor subsection, or dismissed or reduced to judgment by a court of competent jurisdiction, shall be guilty of creating a nuisance.
C. Violation; Misdemeanor: Violation of this chapter shall be a misdemeanor.
D. Nuisance Abatement: Any vehicle declared to be a nuisance by the provisions of this chapter may be summarily abated by removing any such vehicle by or under the direction of, or at the request of a police officer or parking enforcement officer to a place of storage within the city by means of towing or otherwise.
E. Remedy Of Impoundment Not Exclusive: The impounding of a vehicle shall not prevent or preclude the institution and the prosecution of criminal proceedings in the district courts or elsewhere against the owner or operator of such impounded vehicle nor shall the impoundment and ultimate sale at auction prevent the collection of outstanding fees, fines, or other penalties due from parking notices involving such vehicle.
F. Defined: "Impoundment" means the immobilization of a vehicle by use of an immobilization device or the towing of a vehicle to a place of storage. (Ord. 45-14, 2014)