As used in this Chapter, the following terms
shall have the meanings set out herein:
ABANDONED PROPERTY
Any unattended or unlicensed motor vehicle, trailer, all-terrain
vehicle, outboard motor or vessel removed or subject to removal from
public or private property as provided in this Chapter, whether or
not operational. For any vehicle towed from the scene of an accident
at the request of law enforcement and not retrieved by the vehicle's
owner within five (5) days of the accident, the agency requesting
the tow shall be required to write an abandoned property report or
a criminal inquiry and inspection report.
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.
[Ord. No. 687, 12-16-2014]
A. "Derelict vehicle" means any motor vehicle or trailer
that was originally designed or manufactured to transport persons
or property on a public highway, road or street, and that is junked,
scrapped, dismantled, disassembled, unlicensed, has expired license
plates, is inoperable, or is in a condition otherwise harmful to the
public health, welfare, peace and safety.
B. The owner, occupant, or manager of any property, except
any property subclassed as agricultural and horticultural property,
or any property containing any licensed vehicle service or repair
facility, who permits derelict vehicles or substantial parts of derelict
vehicles to remain on the property other than inside a fully enclosed
permanent structure designed and constructed for vehicle storage shall
be liable for the removal of the vehicle or the parts if they are
declared to be a public nuisance.
C. Vehicles may not park in the front yard or in front
of the building line in a residential district except on approved
paved driveways, gravel driveways or parking areas. Motor vehicles
are prohibited as well from parking in the rear yard on dirt or grass.
All parking surfaces must be paved with concrete, asphalt or rock.
Vehicles in violation of these rules may be cited to appear in the
Bourbon Municipal Court.
D. To declare derelict vehicles or parts of derelict
vehicles to be a public nuisance, the Board of Aldermen of the City
of Bourbon, Missouri, shall give a hearing upon ten (10) days' notice,
either personally or by United States mail to the owner or agent,
or by posting a notice of the hearing on the property. At the hearing,
the Board of Aldermen may declare the vehicles or the parts to be
public nuisances, and may order the nuisance to be removed within
five (5) business days. If the nuisance is not removed within the
five (5) days, the Board of Aldermen or the designated City Official
shall have the nuisance removed and shall certify the costs of the
removal to the City Clerk or the equivalent official, who shall cause
a special tax bill for the removal to be prepared against the property
and collected by the Collector with other taxes assessed on the property,
and to be assessed any interest and penalties for delinquency as other
delinquent tax bills are assessed, as permitted by law.
[R.O. 2004 § 215.130; Ord. No. 561 § 1, 11-15-2006]
A. 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. Inoperable vehicles located
upon commercial lots must be locked at all times and all parts from
same kept in a safe and secure condition away from public view.
B. An "inoperable vehicle" is defined as a vehicle that
is not capable of running under its own power, does not have a current
safety inspection, and poses a risk of harm to the general public
due to its condition and/or presence on said property.