521.10  STORAGE OF JUNK; DESIGNATION OF ENFORCING  AUTHORITY.
   (a)   No person shall keep, store, place or allow to remain, in or upon property owned by, occupied by him or under his control, unusable building materials, unlicensed motor vehicles, apparently inoperable motor vehicles, vehicles that are extensively damaged, or motor vehicles unfit for further use, automobile or motor vehicular parts, scrap metals, garbage or rubbish on any lot, or a part of a lot or parcel of land within the corporate limits of the City unless these items are kept within a suitable private receptacle for periodic collection and removal or in a building suitable to obstruct the same from public view and access. For the purposes of this section, a vehicle is not a suitable receptacle for automobile or motor vehicle parts, scrap metals, garbage or rubbish. Excepted herefrom are vehicles held, stored or impounded by the City or its authorized agents acting pursuant to law.
   (b)   Subsection (a) hereof shall have no application on duly declared and authorized cleanup days proclaimed by the Mayor, such exemption to continue for reasonable time to allow for full collection and removal of the materials by authorized personnel.
   (c)   Any employee of the Department of Public Safety and particularly the City Fire Marshal or his assistant may enforce the provisions of this section and may send any appropriate notices and execute any appropriate affidavits attendant hereto.
   (d)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.  A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
   (e)    As used in this section "apparently inoperable motor vehicle" means a vehicle that appears from a visual inspection to be incapable of legal operation on a public roadway. Factors to consider when making this determination include missing or damaged safety equipment, cracked or broken windshields, side or rear windows, missing tires and wheels.
(Ord. 2009-234.  Passed 11-5-09.)