As used in this Article, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel removed or subject to removal from public
or private property as provided in this Article, whether or not operational.
PERSON
Any natural person, corporation or other legal entity.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
ROADWAY
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY
Any person or entity which tows, removes or stores abandoned
property.
URBANIZED AREA
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of the Census within boundaries to be fixed
by the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designed by the Bureau of the Census.
No person shall abandon any motor vehicle on the right-of-way
of any public road or State highway or on any private real property
owned by another without his/her consent.
[Ord. No. 284, 11-13-2006]
A. As
used in this Section the following term means:
INOPERABLE
Any vehicle found inside the City limits of Diamond that:
1.
Is not street/highway legal, meaning without legal tags or insurance;
and/or
2.
Is mechanically defective in that it is not functional and cannot
be used.
B. The
open storage of inoperable vehicles or other vehicles deemed by the
City to constitute a public safety hazard is prohibited. Nothing in
this Section shall apply to a vehicle which is completely enclosed
within a locked building or locked fenced area and not visible from
adjacent public or private property, nor to any vehicle upon the property
of a business licensed as salvage, swap, junk dealer, towing or storage
facility so long as the business is operated in compliance with its
business license and the property is in compliance with applicable
zoning ordinances.
Except in the case of an accident resulting in the injury or
death of any person, the driver of a vehicle which for any reason
obstructs the regular flow of traffic on the roadway of any public
road or State highway shall make every reasonable effort to move the
vehicle or have it moved so as not to block the regular flow of traffic.
Any person who fails to comply with the requirements of this Section
is guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than fifty dollars ($50.00).
When the City has physical possession of the abandoned property,
it may sell the abandoned property in accordance with its established
provisions and regulations and may transfer ownership by means of
a bill of sale signed by the City Clerk and sealed with the official
City Seal. Such bill of sale shall contain the make and model of the
abandoned property, the complete abandoned property identification
number, and the odometer reading of the abandoned property if available
and shall be lawful proof of ownership for any dealer registered under
the provisions of Section 301.218, RSMo., or Section 301.560, RSMo.,
or for any other person.