For the purposes of this article, the following words and phrases
shall have the meanings ascribed to them by this section:
Any passenger car or truck that is at least twenty-five (25)
years old.
The owner of one or more antique or special interest motor
vehicles who collects, purchases, acquires, trades, or disposes of
special interest or antique motor vehicles or parts of them for his
own use in order to restore, preserve, and maintain an antique or
special interest vehicle for historic interest.
Any motor vehicle that is self-propelled and:
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
A motor vehicle of any age which has not been altered or
modified from original manufacturer’s specifications and, because
of its historic interest, is being preserved by hobbyists.
(1971 Code, sec. 10-44; Ordinance
adopting Code)
Any person or entity violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(1971 Code, sec. 10-51)
(a)
The
presence of any junked motor vehicle on any private lot, tract or
parcel of land, or portion thereof, occupied or unoccupied, improved
or unimproved, or on any public right-of-way or other public property,
within the Town, shall be deemed a public nuisance.
(b)
It
shall be unlawful for any person to cause or maintain such a public
nuisance by wrecking, dismantling, partially dismantling, rendering
inoperable, abandoning, or discarding a motor vehicle on a public
right-of-way or other public property or on the real property of another
or to permit a junked motor vehicle to be parked, left, or maintained
on his own real property; provided that this section shall not apply
to:
(1)
A junked motor vehicle in an enclosed building;
(2)
A junked motor vehicle on the premises of a business enterprise operated
in a lawful manner, when necessary to the operation of the business
enterprise;
(3)
A junked motor vehicle in an appropriate storage place or depository
maintained at a location officially designated and in a manner approved
by the Town;
(4)
An unlicensed operable or inoperable antique or special interest
motor vehicle stored by a collector on his property; provided that
the vehicle and the outdoor storage area are maintained in such a
manner that they do not constitute a health hazard and are screened
from public view by means of a fence, trees, shrubbery, or other appropriate
means.
(1971 Code, sec. 10-45)
Whenever any such public nuisance exists within the Town on
public property, on occupied or unoccupied premises, or on the public
right-of-way adjacent to occupied premises in violation of this article,
notice of such violation shall be given, as applicable, to the owner
of such vehicle, or the owner, if such person is in possession of
this premises, or occupant of the premises upon which such vehicle
is situated, or to all such persons, as hereinafter provided. Such
notice shall be in writing, shall specify the violation and its location,
shall specify the corrective measures required, shall provide that
any owner of such vehicle, or owner or occupant of such premises,
may protest the determination that such vehicle is a public nuisance
by filing written notice thereof with the Town Administrator within
ten (10) days, and shall provide that failure to file such protest,
within ten (10) days, shall constitute consent to the removal and
impoundment of such vehicle. A copy of the notice shall be served
upon the owner or occupant of the premises and/or the owner of the
vehicle, either by personal service; by mailing a copy, certified
mail, return receipt requested, to the last known address of such
person; or by attaching such copy to the vehicle in question. Any
notice attached to any vehicle need not name the owner thereof, or
the owner or occupant of the premises where it is situated, and any
such notice attached to a vehicle shall constitute notice to the owner
of the vehicle and to the owner and occupant of the premises where
such vehicle is located.
(1971 Code, sec. 10-46)
If the owner or occupant of the premises, or the owner of such vehicle, fails, neglects or refuses to either protest the notice or to comply with the terms of any notice issued under the provisions of section 8.03.004, within ten (10) days after service of such notice by personal service, mailing, or attachment to such vehicle, appropriate Town officials shall abate such public nuisance by removing the junked vehicle from its location and impounding the same. All expenses incurred in the abatement of such nuisance, and costs of preserving such vehicle prior to final disposition, shall be charged against the owner or owners of the junked vehicle, payable in the Town, and the Town shall have a privileged lien on such junked vehicle, together with ten-percent interest on the delinquent amount from the date of impounding such vehicle.
(1971 Code, sec. 10-47)
Should any person file a protest, in accordance with section 8.03.005 hereof, of the determination that any vehicle constitutes a public nuisance under the terms of this article, the Town Administrator shall place such protest on the agenda of the Town Council, give notice to the protestant of the time and place of the next meeting of the Town Council, and state in such notice that the Town Council will make a determination as to whether the protestant’s vehicle constitutes a public nuisance under the terms of this article, and shall invite the protestant to appear in person or by an attorney and present the reasons for his protest. If, after hearing the evidence and making such investigation as the Council deems necessary, the Council shall determine that the vehicle in question constitutes a public nuisance, the Council may order same removed from the premises, or it may recommend prosecution in Municipal Court in accordance with the penal provisions hereof.
(1971 Code, sec. 10-48)
The bona fide owner of any such junked vehicle or junked vehicles
which have been impounded in accordance with the provisions of this
article may acquire possession of such junked vehicle or junked vehicles
by paying the costs of abatement as shall have been computed in accordance
with this article and by paying a reasonable storage charge based
upon the period of time such junked vehicle or vehicles have been
impounded.
(1971 Code, sec. 10-49)
In the event that possession by the bona fide owner thereof of any junked vehicle or junked vehicles impounded in accordance with the provisions hereof is not acquired within ninety (90) days from the date of such impoundment, such junked vehicle or junked vehicles shall be deemed to have been abandoned and may be sold by the Town. Proceeds from any such sale shall first be applied to reduce or satisfy the storage charges computed in accordance with section 8.03.007, and any amount of such proceeds then remaining shall be applied to reduce or satisfy the lien perfected. Such lien shall remain in full force and effect with respect to any portion of the costs of abatement remaining unsatisfied.
(1971 Code, sec. 10-50)
