All inoperable motor vehicles, as hereinafter defined, or parts
thereof on public or private property and in view of the public are
declared to be a nuisance.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
No person who owns, possesses or controls an inoperable motor
vehicle shall store or park such vehicle or parts in any area open
to public view. The covering of an inoperable motor vehicle or parts
with a canvas, vinyl or other such covering shall not be considered
to have removed such vehicle or parts from public view.
Any person who owns, possesses or controls an inoperable motor
vehicle or parts thereof which are stored or parked in violation of
this Article 9 shall, upon notice to remove from the Police Department,
immediately remove such vehicle or parts thereof.
The owner or occupier of property where a motor vehicle or parts
are stored or parked in violation of this Article 9 is presumed to
have possession or control of the vehicle or parts unless such person
shows that:
A. The vehicle
or parts were left on the property without the person's knowledge;
and
B. The true
owner of the vehicle or parts is a person unknown to him.
As used in this article, the following terms shall have the
meanings indicated:
INOPERABLE MOTOR VEHICLE
Any motor vehicle from which, for a period of at least seven
days, the engine, wheels or other parts have been removed, or on which
the engine, wheels or other parts have been altered, damaged or otherwise
so treated that the vehicle is incapable of being driven under its
own motor power. "Inoperable motor vehicle" shall not include a motor
vehicle which has been rendered temporarily incapable of being driven
under its own motor power in order to perform ordinary service or
repair operations. "Temporary" shall mean less than seven days.
Nothing in this Article 9 shall apply to any motor vehicle that
is kept within a building when not in use and to operable historic
vehicles over 25 years of age.