A. Definitions: The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
PROPERTY: Any real property within the city which is not a street or highway.
STREET AND HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE: A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
B. Abandonment Of Vehicles Prohibited: No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. The circumstances mentioned in this subsection may consist of, but shall not be limited to, any one or more of the following conditions:
1. Weed and grass undergrowth indicating to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur;
2. Tires flat or wheels or tires missing;
3. Portions of the vehicle needed for its operation and control on the streets and highways missing;
4. Evidence offered by neighbors or other persons of the length of time the vehicle has been standing in one place without removal, and evidence that parts are taken from or added to such vehicle which would indicate a salvage or garage operation; or
5. Evidence of violation of any of the ordinances of the city pertaining to junk and salvage yards, including violations of the zoning ordinance.
C. Abandonment Of Vehicles Constitutes Nuisance: The abandonment of vehicles, as contemplated or defined in this section, on any street or private property within the limits of the city is hereby declared to constitute a public nuisance. In addition to the penalties established for violations of this chapter, the city commission may, upon proper evidence submitted by enforcement agents of the city, institute any necessary action in courts of competent jurisdiction to enforce the terms and provisions of this section and to abate such nuisance.
D. Dismantled, Inoperable Vehicles Not To Be Left On Streets: No person shall leave any partially dismantled, inoperable, wrecked or junked vehicle on any street or highway within the city.
E. Dismantled, Inoperable Vehicles On Private Property: No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked or discarded vehicle to remain on such property longer than forty eight (48) hours. This subsection shall not apply to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, so long as said vehicle is necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the city.
F. Impoundment Of Vehicles: The code enforcement official or other appropriate official or any member of his department designated by him is authorized to remove or have removed any vehicle left on any public way within the city which reasonably appears to be in violation of this section or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with 47 Oklahoma Statutes chapter 71 and section 901 et seq.
G. Notice Of Violations: Officers designated to enforce this section shall, when it appears to them that a vehicle is in violation of the terms and provisions of this section, give notice to the owner or possessor thereof as follows: They shall securely attach to the vehicle, whether located on a public way or on private property, a written notice stating that:
1. The vehicle is in violation of this section which prohibits the abandonment of inoperable vehicles within the city;
2. The owner or possessor thereof has forty eight (48) hours within which to remove the vehicle to an authorized place of storage or salvage; and
3. Should the notice not be complied with, the vehicle will be impounded and both criminal and civil actions will immediately be instituted to enforce the provisions of this section. (Ord. 1569, 10-1-2012)