(a) Abandonment of vehicles prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer, or mobile home on any public street or highway, or private or public property, in the village for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any such vehicle has been left unattended on any street or highway in the village, or upon private or public property without the permission of the property owner or other person charged with the lawful jurisdiction thereof, for more than 48 hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
STREET. Any public highway or alley, and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
UNATTENDED. Unmoved from its location with no obvious sign of continuous human use.
VEHICLE. A motor vehicle, trailer, semitrailer, or mobile home, whether or not such vehicle is registered under state law.
(c) Presumptions. For purposes of this section, the following irrebuttable presumptions shall apply.
(1) A vehicle shall be presumed unattended if it is found in the same position 48 hours after issuance of a traffic ticket or citation, and if such traffic ticket or citation remains placed upon the windshield during said 48 hours.
(2) Any vehicle left unattended for more than 48 hours on any public street or public ground, or left unattended for more than 48 hours on private property without the consent of the property owner, is deemed abandoned and constitutes a nuisance; provided, that the vehicle shall not be deemed abandoned under this subsection (c) if left unattended on private property outside of public view and is enclosed within a building, or if designated as not abandoned by the Village Board or a law enforcement officer.
(d) Exceptions. This section shall not apply to a vehicle in an enclosed building or a vehicle stored on a premises licensed for storage of junk or junked vehicles, and fully in compliance with village zoning regulations, or to a vehicle parked in a paid parking lot or space where the required fee has been paid.
(Prior Code, § 10-5-1)