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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDONED VEHICLE." Includes any of the following:
(1) A vehicle left unattended on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
(2) A vehicle which has been left unattended on public property, illegally, or for a continuous period of five days or more without being moved.
(3) A vehicle which has been left on private property without permission of the person having the right of possession to the private property.
“BOAT.” A small vessel for travel on water.
"JUNK OR INOPERABLE VEHICLE." Includes any of the following:
(1) A vehicle which cannot move under its own power from which the engine, transmission or differential has been removed or which has been partially dismantled.
(2) A vehicle which cannot move under its own power and does not have current calendar year license plates.
(3) Any vehicle, boat, trailer, or semitrailer which is rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, generator or alternator or other component part of an electrical system, or any component or structural part.
(4) Any vehicle, boat, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin or insects.
(5) Any vehicle, boat, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood or other combustible materials, garbabe, refuse, solid waste, debris, and the like.
(6) Any vehicle, boat, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals of any kind.
(7) Any vehicle, boat, trailer or semitrailer which because of its defective or obsolete condition in any other way constitutes a threat to the public health or safety of the citizens of the city.
(8) Any vehicle or boat which contains gasoline or any flammable fuel and is inoperable.
(9) Any boat motorized or unmotorized, whether or not on a trailer, which is discarded, wrecked, ruined, scrapped or dismantled, and does not have a valid license, or is left uncovered in the open upon private property more than five days.
"PERSON." Includes any private person or a corporate entity.
"PROPERTY." Any real property within the municipality which is not a street, alley, or highway.
“SEMITRAILER.” Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
“TRAILER.” Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
“UNCOVERED.” Located outside of a permanent, approved, and fully enclosed structure.
"VEHICLE." Includes any device in, upon or by which a person or property is or may be transported or drawn upon any roadway.
(Ord. 2006-03, passed 12-18-06; Am. Ord. 2022-10, passed 9-12-22)
It shall be unlawful for any person, firm or corporation to leave an abandoned vehicle within the city.
(Ord. 2006-03, passed 12-18-06) Penalty, see § 97.99
(A) No person in charge or in control of any real property within the municipality, whether as an owner, tenant, occupant, lessee, or otherwise shall allow any junk or inoperable vehicle to remain on the property within their control longer than 168 hours after the receipt of a written notice from the Chief of Police or his or her designee instructing that person to remove the junk or inoperable vehicle from the property. This section shall not apply to a vehicle stored in an enclosed building or at the place of business of a commercial garage, repair shop, used car dealer or junk yard that is operated in a lawful manner.
(B) Notice required under division (A) of this section shall be deemed to be adequate if the Chief of Police or his or her designee causes that notice to be affixed to the vehicle or upon the door of any residence located on the property where the junk or inoperable vehicle is found and delivering the notice in person, by certified mail or by leaving the notice affixed to the door and mailing a copy of the same to the owner of the real estate or the tenant occupying the real estate where the junk or inoperable vehicle is found.
(C) The notice described in division (B) of this section shall include the following:
(1) The date and time that the notice is served;
(2) A description of the junk or inoperable vehicle;
(3) The license plate number on the motor vehicle, if any;
(4) The identity of the owner or person in charge of the real property upon which the junk or inoperable vehicle is located;
(5) A statement that the junk or inoperable vehicle is being kept in violation of Chapter 97 of the Code of Ordinances of the city;
(6) That the person responsible for the junk or inoperable vehicle has 168 hours after the date and time noted in division (C)(1) above in order to remove the junk or inoperable vehicle;
(7) A statement indicating that failure to remove the junk or inoperable vehicle from the property within 168 hours of the date and time set out in the notice, will serve as prima facia evidence of a willful failure to comply and that the person to whom the notice is directed could be subject to penalties provided by this chapter; and
(8) A copy of this chapter should be attached to the notice.
(D) If the person to whom the notice is directed contends that the vehicle, boat, trailer, or semitrailer is operable and not junk, that person or his or her designee should take the vehicle, boat, trailer, or semitrailer, to the Police Department for inspection in compliance with the inspection laws of the state. If this is done within 168 hours of the time of the notice, this shall be deemed to be prima facia evidence that the vehicle, boat, trailer, or semitrailer, in question is not a junk or inoperable vehicle.
(E) For purposes of this section, if the 168 hours granted ends after 5:00 p.m. on Friday and before noon the following Monday, the time shall be extended to 5:00 p.m. that Monday. If it ends on a legal holiday, the time shall be extended 24 hours following the conclusion of the legal holiday.
(Ord. 2006-03, passed 12-18-06; Am. Ord. 2022-10, passed 9-12-22) Penalty, see § 97.99
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