As used in this chapter, the following terms shall have the
following meanings:
Automotive repair shop, engine tune-up shop, off-road performance
shop, transmission repair and paint and body shops. This meaning is
not to include wrecking or salvage yard businesses or activities.
Any motor vehicle from which some part or parts which are
ordinarily a component thereof have been removed or are missing, or
which has been wrecked by collision and cannot be made operative without
the addition of vital parts or mechanisms and the application of a
substantial amount of labor to effect repairs.
Any wheeled vehicle which is self-propelled or intended to
be self-propelled.
The individual, association, corporation, partnership, or
other legal entity in possession of the premises where there is a
junk vehicle.
A restored or partially restored antique or classic vehicle
that has additional value due to its status as an antique or classic
vehicle.
(Ordinance 00-7, sec. 1, adopted 2000)
The provisions of this chapter shall be construed as being supplementary
to any other sections of this code or of any other town ordinances
relating to rubbish, litter, garbage, refuse, trash or junk and shall
not be construed to permit the parking or placing of dismantled, inoperable
or wrecked motor vehicles on any street, public way or public property.
(Ordinance 00-7, sec. 1, adopted 2000)
A.
The
presence of a dismantled, inoperable or wrecked motor vehicle(s) or
parts thereof on any occupied land within the town limits in violation
of the provisions of this chapter is defined and declared to be, and
found to constitute, a public nuisance and subject to the provisions
of this chapter.
B.
The
town has the authority to abate any public nuisance as provided by
chapter 8.28 of this title.
(Ordinance 00-7, sec. 1, adopted 2000)
A.
It is
unlawful for any person to store on, place on or permit to be stored
or placed on, or allowed to remain, on any occupied or unoccupied
land within the town limits a dismantled, inoperable or wrecked motor
vehicle, or any parts of a motor vehicle, except in zones where such
activity is within the contemplated purposes of a duly licensed business
under the provisions of the zoning ordinance, unless such articles
shall be kept in a wholly enclosed garage or structure. No auto repair
businesses shall keep, store or park any motor vehicle for more than
thirty (30) days in any twelve (12) month period, unless vehicles
are screened by use of a six foot (6') high solid fence or wall of
which a limit of fifteen (15) vehicles will be allowed.
B.
Businesses
existing at the effective date hereof are permitted six (6) months
from the effective date hereof to come into compliance with the provisions
hereto.
C.
Any
new business must comply with the provisions of this section before
being allowed to operate.
(Ordinance 00-7, sec. 1, adopted 2000)
A.
An owner
or occupant may store, permit to be stored or allow to remain upon
his premises a dismantled, inoperable or wrecked motor vehicle, or
parts thereof, for a period not to exceed seventy-two (72) hours if
such motor vehicle is registered in his name. Any such owner or occupant
may, in the event of hardship, secure a permit from the code administrator
to extend such period of seventy-two (72) hours for an additional
period not to exceed one week.
(Ordinance 00-7, sec. 1, adopted 2000)
It shall be the duty of the police department to enforce this
chapter when junk and abandoned vehicles are parked along public roadways,
streets and rights-of-way.
(Ordinance 00-7, sec. 1, adopted 2000)
A.
The
code official shall serve written notice to the owner or occupant
of the property upon which a dismantled, inoperable or wrecked vehicle(s)
is located. Written notice shall be served by certified mail, return
receipt requested, and shall, at a minimum, contain the following:
1.
A statement
of the nature of the nuisance which refers to this section;
2.
A demand
that the vehicle(s) be removed within ten (10) days of the receipt
of the notice;
3.
A statement
indicating that failure to remove the vehicle(s) within ten (10) days
of receipt of the notice will subject the owner or occupant to a maximum
fine not to exceed three hundred dollars ($300.00) or by imprisonment
not to exceed ninety (90) days or by both such fine and imprisonment
in the discretion of the court. Each day any such violation of failure
to perform such act shall continue shall constitute a separate offense
and a separate violation of an ordinance of this town, unless otherwise
specifically provided.
B.
If any
notice is returned as undeliverable, the code administrator or his
designee shall cause notice to be published as elsewhere provided
by law. Published notice shall have the same force and effect as mailed
notice.
(Ordinance 00-7, sec. 1, adopted 2000)
An owner or occupant may apply to the town for a permit to allow
for the storing and restoration of a vintage vehicle, collector vehicle,
or a vehicle the owner or occupant intends to restore. Application
for said permit shall be made to the code enforcement officer. The
permit is valid for one year from the date of issuance but may be
renewed at the discretion of the code enforcement officer upon a demonstration
by the owner or occupant that the restoration is underway.
(Ordinance 00-7, sec. 1, adopted 2000)
A.
Whenever
in this chapter an act is prohibited or is made or declared to be
unlawful or an offense or a misdemeanor or a petty misdemeanor, or
whenever in this chapter the doing of any act is required or the failure
to do any act is declared to be unlawful, and no specific penalty
is provided therefor, the violation of any such provision or the failure
to perform any such act shall be punishable by a fine of not exceeding
three hundred dollars ($300.00) or by imprisonment not to exceed ninety
(90) days or by both such fine and imprisonment in the discretion
of the court.
B.
Each
day any such violation or failure to perform such act shall continue
shall constitute a separate offense and a separate violation of an
ordinance of this town, unless otherwise specifically provided.
(1981 Code, sec. 13-2; Ordinance
00-7, sec. 1, adopted 2000)
