(a) Definitions. As used in this section:
(1) “Collector vehicle” means any vehicle of special interest, having a fair market value of eight hundred dollars ($800.00) or more, whether operable or not, that is owned, operated, collected, preserved, restored, maintained or used essentially as a collector's item, leisure pursuit or investment, but not as the owner's principal means of transportation.
(2) “Enclosure” means a structure that has a foundation, walls, ceiling and roof, being reasonably weathertight, watertight and rodentproof. Any associated windows, exterior doors or hatchways shall be of the same condition.
(3) “Historic vehicle” means any vehicle over twenty-five years of age.
(4) “Improper storage” means the outdoor unenclosed storage of an unlicensed vehicle, a junk vehicle, an inoperable historic vehicle or an inoperable collector vehicle, or any part thereof, upon any private lot or parcel of property.
(5) “Inoperable” means being incapable of moving under its own power.
(6) “Junk vehicle” means any vehicle, other than a collector or historic vehicle, as defined below, which:
A. Is extensively damaged, such damage including, but not limited to, any of the following elements, which are either missing or broken: wheel(s), tire(s), engine, transmission, window(s) or windshield; and
B. Is inoperable.
(7) “Parts(s) thereof “ means any of the components of a vehicle, including, but not limited to, wheels, tires, engine, doors, fenders, transmission, drive shaft and axles.
(8) “Private property” means any real property within the Village of Yellow Springs which is privately owned.
(9) “Unlicensed vehicle” means a motor vehicle that does not display a valid registration.
(10) “Vehicle” and “motor vehicle” are used synonymously; however, their respective meaning is the same as in Ohio R.C. 4511.01(A) and (B) and shall include historic and collector vehicles.
(b) Declaration of Public Nuisance. The improper storage of junk vehicles, unlicensed vehicles or inoperable historic vehicles, inoperable collector vehicles, or any part thereof, on private property with permission of the owner is hereby declared to be a public nuisance.
(c) Prohibited Acts. No person shall keep, store, place or allow to remain on any private property within the corporate limits of the Village any unlicensed vehicle, or a junk vehicle or an inoperable historic or collector vehicle, or any part thereof, upon any private property the person owns or which is in the person's care, custody and control through a leasehold or otherwise for more than seven days unless enclosed within a garage or other suitable permanent structure pursuant to zoning regulations.
(d) Notice to Remove. The Police Department shall serve written notice upon which any unlicensed vehicle, junk vehicle or inoperable vehicle, or any part or parts thereof that is improperly stored in person, or by leaving written notice at the property for the property owner or the person having the right to the possession of the property on which a junk motor vehicle is left, that within fifteen days of receipt of the notice, the junk motor vehicle either shall be housed in a garage or suitable permanent structure pursuant to zoning regulations or shall be removed from the property. A violation of this section shall not be justification for a zoning variance.
(e) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor for a first offense. For a second offense, such person is guilty of a misdemeanor of the fourth degree. For each subsequent offense, such person is guilty of a misdemeanor of the third degree. Each vehicle left stored and unenclosed in violation of this section shall constitute a separate offense, and each day's continuance of the violation shall constitute a separate offense. Upon conviction under this section, whether for a first or subsequent offense, the court is authorized to order the vehicle removed from the property and to direct the Chief of Police to remove the vehicle if the defendant does not comply with the court's order. Such vehicle, if so removed by the Chief of Police, shall be impounded and disposed of pursuant to the disposition procedures contained in Ohio R.C. 4513.61 and 4513.62.
(Ord. 2019-37. Passed 12-2-19.)