For use in this chapter, the following terms are defined:
1. “All-weather surface” means an asphalt, Portland cement concrete, brick paver or gravel surface free of all grass and weeds for the entirety of the surface and of sufficient thickness to adequately support a motor vehicle.
2. “Building” means a structure for the shelter or enclosure of persons, animals, or chattel.
3. “Inoperable condition” means a vehicle that: (i) has a missing or defective part that is necessary for normal operation; or (ii) is on blocks, jacks or other supports; (iii) does not have a current license, properly displayed, for operation on a public roadway as defined in Chapter 321.18 of the Code of Iowa; or (iv) does not have all tires inflated properly in order for the vehicle to operate correctly. This list is not intended to be exhaustive, and other conditions that show that a vehicle is not operable may also exist.
4. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.
5. “Junk vehicle” means any vehicle, trailer or semitrailer, or any other type of vehicle, whether currently licensed or not, which includes, but is not limited to the following characteristics:
A. Any vehicle, trailer, or semitrailer which is rendered inoperable, or may not be lawfully operated on a public street or highway, because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver's seat, trunk, fuel tank, wheel, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, or any component or structural part.
B. Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin or insects.
C. Any vehicle, trailer or semitrailer which contains stored gasoline or other flammable fuel, paper, cardboard, wood or other combustible materials, garbage, refuse, solid waste, debris, etc.
D. Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals of any kind.
E. Any other vehicle, 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 Washington, Iowa.
F. Any vehicle, trailer, or semitrailer that is not capable of moving in both forward and reverse gears.
(Paragraph F – Ord. 1166 – Oct. 24 Supp.)
G. Any vehicle, trailer, or semitrailer that lacks current registration.
(1) Mere licensing of a vehicle shall not constitute a defense to the finding that the vehicle is in operable condition, unless previously discussed with the City.
(Paragraph G – Ord. 1166 – Oct. 24 Supp.)
6. “Lot” means a parcel of land whose area, in addition to the parts thereof occupied by a building or accessory structure, is sufficient to provide front, side, and rear yards as specified in the zoning regulations.
7. “Motor home” means a motor vehicle designed as an integral unit to be used as a conveyance upon the public streets and highways for use as a temporary or recreational dwelling as defined in the Section 321.1(36C)(d) of the Code of Iowa.
8. “Motor vehicle” means a vehicle which is self-propelled and not operated upon rails.
(Code of Iowa, Sec. 321.42[a])
9. “Nuisance” means whatever is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property so as to interfere essentially with the comfortable enjoyment of life or property.
(Code of Iowa, Sec. 657.1)
10. “Outside” means to be not within an enclosed storage facility or structure and to be visible from other property, including public right-of-way.
11. “Residential area” means an area which is either classified as a residential district for zoning purposes or is regularly used by its occupants as a permanent place of abode or dwelling, which is made one’s home as opposed to one’s place of business and which has housekeeping and cooking facilities.
12. “Restoration” means to bring back to a former condition.
13. “Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constituted that some of its weight rests upon or is carried by another vehicle.
14. “Trailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and being constructed that no part of its weight rests on the towing vehicle.
15. “Undeveloped area” means a parcel of land which has no buildings or structures and which is not a park, playground, athletic field, parking area, or place used for vehicular traffic.
16. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon the highway as defined in the Code of Iowa 321.1(90).
17. “Vital component parts” means those parts and elements of a motor vehicle that are essential to the mechanical functioning of the vehicle on a public roadway in a lawful manner, including but not limited to the motor drive train and wheels.
18. “Yard, front” means an open space extending the full width of the lot between the building and the front lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in the zoning regulations.
No junk shall be stored outside on public or private property. No junk vehicles shall be parked or stored outside in a residential area for a period of more than seven calendar days. In addition, no junk vehicles shall be parked outside on display for sale, lease, or other commercial purpose, by itself or with other motor vehicles for sale, lease or other commercial purpose in any area or district of the City. The provisions of this section do not apply to:
1. Structure. Any junk or junk vehicle stored within a garage or other enclosed structure.
2. Salvage Yard. Any junk or junk vehicle stored in an auto salvage yard or junkyard lawfully operated within the City.
3. Automotive Towing/Repair Business. Persons engaged in the business of towing motor vehicles, temporary storage of motor vehicles, general motor vehicle repair, and motor vehicle body repair that are lawfully operated within the City. However, any inoperable vehicles stored temporarily as part of a legal business operation as described above shall be screened from the public view via fencing. Unless the motor vehicle is actively being repaired or being readied for auction as in the case of a vehicle storage business, the vehicle shall not be stored outside for a period exceeding 20 days. These businesses must be located within a commercial, or industrial zoned area within the City. Furthermore, these businesses must be in full compliance with all other ordinances of the City and the laws of the State of Iowa.
4. Permit for Restoration. A permit may be obtained from the City for the purpose of restoring an automobile and light truck only. This permit will be valid for one year from date of issue. Permits may be obtained from City Hall at a cost of $25.00. Permit holders must store the vehicle on an all-weather surface. If the vehicle is stored outside, it must be covered with a secured non-transparent covering that covers the entire vehicle.
It is hereby declared that any junk or junk vehicle located upon private property, unless exempted by Section 51.02, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.
(Code of Iowa, Sec. 364.12[3a])
Loading...