[Ord. No. A-299 §1, 5-11-1998]
A.
Derelict Vehicle On Private Property. All vehicles or parts
thereof, self-powered or non-self-powered, found upon any lot within
the City limits in a dismantled, dilapidated, wrecked, abandoned or
non-operative condition shall be considered a derelict vehicle thereby
making it a public nuisance, detrimental to the health and safety
of the public.
B.
Unlicensed, Illegally Parked Vehicles On Private Property. All vehicles or parts thereof, self-powered and non-self-powered
found upon any lot within City limits, the license for which has been
expired for thirty (30) or more days shall be considered a derelict
vehicle thereby making it a public nuisance, detrimental to the health
and safety of the public.
C.
Derelict Vehicles — Unlicensed Vehicles — Illegally Parked
Vehicles On Public Property. Any vehicle, or parts thereof,
self-powered or non-self-powered, found upon any lot or on any street,
alley, easement, right-of-way, or highway within the City limits,
and which is inoperable, disassembled, wrecked, dilapidated, abandoned,
unlicensed, for thirty (30) or more days, shall be considered a derelict
vehicle for the purpose of this Chapter.
[Ord. No. A-299 §1, 5-11-1998]
The following words when used in this Chapter shall have the
meaning set out herein:
Any blockage of free travel on public right-of-ways; any
placement of a vehicle that encourages vandalism or destruction; any
placement of vehicles or parts of vehicles that pose a danger and
are accessible to children or animals.
Any vehicle, self-powered or non-self-powered that must be
registered and licensed for use on streets and highways according
to State law.
Includes all vehicles such as trailers, boats, bicycles,
pushcarts, or any other such similar vehicles that depends upon a
motor vehicle, another self-propelled vehicle, or external source
of propulsion for its movement.
Includes the owner, caretaker, agent, or tenant of property,
on which a derelict vehicle is found; or the registered owner of a
derelict vehicle, found upon a public street or highway.
Any individual, firm, partnership, association, corporation
or other organization of any kind.
Any vehicle, self-powered and includes all automobiles, trucks,
vans, cycles, trailers, boats, or any such similar items of personal
property.
Any real estate, lot, or part of lot within the City which
is not a street or highway.
Any self-propelled motor vehicle, and includes automobiles,
trucks, vans, jeeps, motorcycles, go-carts, racing machines or any
other such similar self-propelled vehicle.
The entire width between the boundary lines of any right-of-way,
any part of which is open to the use of the public for purpose of
motor vehicle traffic.
Any vehicle, self-powered, or non-powered, that is required
to be registered and licensed for use on streets and highways, by
State law and which does not display a license, or is not properly
registered as required by State law.
Includes all vehicles, or any part thereof, designed or constructed
to be propelled through its own power source, or by any external power
source not directly connected to the vehicle, and includes any such
vehicle whether or not by reason of its present condition is still
capable of self-propulsion.
[Ord. No. A-299 §1, 5-11-1998]
A.
It
shall be the duty of the Chief of Police or any authorized representative
of the Chief of Police to notify violators, through issuance of a "violation notice" of any and all such violations of this
Chapter.
B.
The
violation notice shall allow a maximum of ten (10) days to abate any
violation of this Chapter. The owner of the property upon which a
vehicle is located in violation of this Chapter may apply to the Police
Chief for an extension of the abatement period if the owner can demonstrate
that there are extraordinary circumstances which warrant retention
of the vehicle for purposes of rehabilitation or disposal within a
reasonable time. If the Police Chief finds:
1.
The vehicle does not pose an immediate threat to public health or
safety;
2.
There is adequate reason to allow retention to the vehicle due to
the special circumstances described by the owner; and
3.
The vehicle will be brought into compliance or removed from the property
within a reasonable time if an extended abatement period is allowed,
the Police Chief may grant an extension of the abatement period of
up to sixty (60) days upon condition that the necessary remedial action
is taken by the owner within the time specified by the Police Chief.
C.
Violation
notices are to be forwarded to the violator through certified mail
to the last known address, or a copy of the violation notice may be
posted on the personal property or served in person by all representatives
designated by the City to enforce City ordinances.
D.
Whenever
an abandoned or derelict vehicle has been parked, stored or left on
any street, highway or property owned or controlled by the City, State
or Federal Government, such vehicle shall be removed by or under the
direction of a member of the Police Department and its owner shall
be cited for violation of this Chapter upon receiving twenty-four
(24) hours' advance notice.
[Ord. No. A-299 §1, 5-11-1998]
Upon failure of the owner to abate such nuisance to exist, they
and each of them, upon conviction thereof shall be fined not more
than five hundred dollars ($500.00) for each offense, and a separate
offense shall be deemed committed on each day after the original ten
(10) day notice if such nuisance is permitted to exist.
[Ord. No. A-299 §1, 5-11-1998]
A.
Members of the Police Department are authorized to order the tow of a motor vehicle to a place designated or maintained by the Police Department whenever the circumstances and procedures set forth in this Chapter have been met. This shall not affect the violation penalty set forth in Section 240.040.
1.
If a person abandons a vehicle on any real property owned by another
without the consent of the owner or person in possession of the property
at the request of the person in possession of the real property, any
Police Officer may authorize a service station, towing operator, salvage
dealer or vehicle repair shop to remove such vehicle from the property.
For purposes of this Section, a person "abandons a vehicle" if he/she leaves the vehicle unattended for more than twenty-four
(24) hours, or less if the abandoned vehicle, in the judgment of the
officer, constitutes a safety hazard or unreasonably interferes with
the use of the real property by the person in possession. The officer
shall have no authority to remove a vehicle from real property owned
by another prior to the expiration of the twenty-four (24) hours after
the vehicle is placed on the property or notice given by the owner
of the property, unless the abandoned vehicle, in the judgment of
the officer, constitutes a safety hazard or unreasonably interferes
with the use of the real property by the person in possession. The
owner of a vehicle removed as provided in this Section shall be responsible
for payment of all reasonable charges for towing and storage of such
vehicle.
2.
Neither the Law Enforcement Officer nor anyone having custody of
a vehicle under discretion shall be liable for any damage to such
vehicle occasioned by a removal authorized, other than damages occasioned
by gross negligence or by willful or wanton acts or omissions.
[Ord. No. A-299 §1, 5-11-1998; Ord. No. A-305 §1, 10-12-1998]
A.
Exceptions. The provisions of Sections 240.010 through 240.050 of this Chapter notwithstanding, nothing in this Chapter shall be deemed or construed to prohibit the following:
1.
The storage of derelict or unlicensed vehicles in a completely enclosed
building.
2.
The storage of abandoned, derelict or unlicensed vehicles by the
City of Lockwood.
3.
The keeping or storage of unlicensed vehicles or vehicles in disrepair
by and on the premises of a duly licensed vehicle repair or restoration
facility, subject to the following conditions:
a.
Any vehicle(s) for which the vehicle license and/or registration
has been expired for thirty (30) or more days must be registered with
the City Clerk and screened from view at normal eye level from any
adjoining street by a sight-proof barrier or enclosure;
b.
No vehicle(s) for which the vehicle license and/or registration has
been expired for one (1) year or more may be parked, kept or stored
other than in a fully enclosed building.
4.
Race cars will be permitted as long as a person can show validation
of current racing status within a one (1) year period of time.
B.
Redemption Of Impounded Vehicles. No vehicle impounded by
or at the direction of the Lockwood Police Department under the terms
of this Chapter shall be released except under the following conditions:
1.
The person seeking release of the vehicle shall provide satisfactory
evidence of his/her identity, ownership of the vehicle, and, if appropriate,
authority to act on behalf of the owner with respect to recovery of
such vehicle.
2.
Any towing or storage fees or charges shall be paid.
3.
A receipt for delivery of the vehicle must be signed by the person
to whom it is delivered.
[Ord. No. A-299 §1, 5-11-1998]
Any vehicle parked upon a public street of the City at a place,
in a manner or for a length of time prohibited by ordinance, or beyond
the time limit lawfully established by parking meters or other device
or sign, is, if unoccupied and unattended, hereby declared to be an
obstruction in such street and a public nuisance, and any Police Officer
of the City is hereby authorized to cause the same to be removed to
and impounded in the depository provided by the City for such purposes.
[Ord. No. A-299 §1, 5-11-1998]
The Chief of Police or any member of the City Police Department
is hereby authorized to remove or have removed any vehicle left at
any place within the City which reasonably appears to be in violation
of this Chapter or lost, stolen, or unclaimed. Such vehicle shall
be impounded until lawfully claimed or disposed of. Notice of impounding
shall be given to the owner of such vehicle, if known, as soon as
practicable either in person or by ordinary mail. Any vehicle so impounded
may be towed or stored within or without the City limits and shall
be disposed of by sale or otherwise if not claimed by the owner within
ten (10) days from the date impounded. To redeem any such vehicle
the owner shall be required to pay all accrued towing and storage
charges.
