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For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ABANDON. To abandon a motor vehicle is to leave it:
(1) Upon a public street or highway in violation of a law or ordinance prohibiting parking;
(2) On a public street or highway for longer than 7 days;
(3) On property owned or operated by the Town for longer than 24 hours; and
(4) On private property without the consent of the owner, occupant or lessee thereof, for longer than 2 hours.
JUNKED MOTOR VEHICLE. A motor vehicle that:
(1) Does not lawfully display a current license plate either:
(a) Is partially dismantled or wrecked;
(b) Cannot be self-propelled or moved in the manner in which it was originally intended to move; and/or
(c) Is more than 5 years old and appears to be worth less than $100.
(2) Is found and declared by the Town to be a health or safety hazard or to be a public nuisance. The basis for so finding include, but are not limited to the following:
(a) It is a breeding ground or harbor for mosquitos, other insects, rats or other pests;
(b) It is a point of heavy growth of weeds or other noxious vegetation over 8 inches in height;
(c) It is a point of collection of pools or ponds of water;
(d) It is a point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
(e) It contains areas of confinement which cannot be opened from the inside;
(f) It is situated or located so that there is a danger of it falling or turning over;
(g) It is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind; and/or
(h) It has sharp parts which are jagged or contain sharp edges or metal or glass.
(3) Except as set forth in § 90.056 below, an abandoned or junked vehicle may be removed by the Town only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notices shall retain written record to show the names and addresses to which mailed, and the date mailed.
(4) If the names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicated that the vehicle will be removed by the Town on a specified date (no sooner than 7 days after the notice is affixed). The notice shall state that the vehicle will be removed by the Town on a specified date, no sooner than 7 days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
(5) With respect to abandoned vehicles on private property, junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned or junked, or that the aesthetic benefits of removing the vehicle outweigh the burdens, the appeal shall be made to the Town Council in writing, heard at the next regularly scheduled meeting of the Town Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
MOTOR VEHICLE. A machine designed or intended to travel over land by self-propulsion or while attached to a self-propelled vehicle.
(1989 Code, § 90.35) (Ord. passed 4-14-1992)