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HomeMy WebLinkAbout~Master - Abandonment of vehicles, Not Adopted ORDINANCE NO. 9ZOa f AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; PROHIBITING ABANDONMENT OF VEHICLES; RESTRICTING THE DISPOSITION OR KEEP- ING OF WRECKED, NON-OPERATING, OR DISCARDED VEHICLES ON STREETS OR PRIVATE PROPERTY; DECLARING THE SAME A NUISANCE; PROVIDING FOR THE ABATEMENT THEREOF; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. WHEREAS, in the City vehicles are or may in the future be aban- doned in the streets and other places within the City; and WHEREAS, there are or may in the future be dismantled, partially dismantled, wrecked, junked, non-operating or discarded vehicles left about the City other than in junk yards or other appropriate places; and WHEREAS, such conditions tend to impede traffic in the streets or interfere with the enjoyment of and reduce the value of private property; in- vite plundering; create fire hazards and other safety and health hazards to children as well as adults; interfere with the comfort and well being of the public; create extend and aggrevate urban blight; and create a nuisance; and WHEREAS, adequate protection of the public health, safety, and welfare requires that such conditions be prohibited, regulated or abated. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. That the Municipal Code of the City of Ames, Iowa, be and the same is hereby amended by adding the following Chapter thereto to be known as Chapter 25 A of the Municipal Code of the City of Ames, Iowa: 25 A 1 Definitions. The following definitions shall apply in the interpretation of this Chapter. (a) "Vehicle" means every devise in, upon or by which any person or property is or may be transported or drawn upon a highway or street, excepting devises moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, and wagon, or any combination thereof. (b) "Property" shall mean any real property private or public within the City including streets, alleys and highways. 25 A 2 Leaving of Wrecked, Non--operating Vehicle on street. It shall be unlawful for any person to leave any partially dismantled, non operating, wrecked, or junked vehicle on any street, alley or highway of the City. 25 A 3 Leaving wrecked, non--operating vehicle on property. It shall be unlawful for any person in charge or control of any property within the City, whether as owner, tenant or occupant, lessee, or otherwise, to allow any partially dismantled, non-operating, wrecked junked, or discarded vehicle to remain on such property longer than 48 hours; and it shall be unlawful for any person to leave any such vehicle on any property within the City for a period of longer than 48 hours. Page Two. 25 A 4 Exceptions. This ordinance shall not apply in regard to the following: (a) a vehicle in an enclosed building; (b) a vehicle on the premises of a business enterprise operated in a "D" or "E" District as defined in Chapter 42 of this Code, when necessary to the operation of such business enterprise; or (c) a vehicle in an appropriate storage space or depository main- tained in a lawful place and manner by the City. 25 A 5 Nuisance and Abatement by Impoundment. Any vehicle which reasonably appears to be in violation of this Chapter shall be deemed to be a nuisance and an abandoned vehicle, and the police department, if such vehicle is found upon private property, after three days notice in writing to the owner or occupant of the property on which said vehicle is found, is hereby authorized to remove or have removed such vehicle from the property where found. Such vehicle shall be impounded until lawfully claimed or exposed of in accordance with Section 25. 127 to Section 25-134 inclusive of the Municipal Code of the City of Ames, Iowa. 25 A 6 In addition to the right of abatement and impoundment, any person violating any of the provisions of this ordinance shall upon conviction be subject to a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 25 A 7 Separability. If any section, sub-section, sentence, clause phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such por- tion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this day of , 1965. M. W. JORDAN, City Clerk PEARLE P. DE HART, Mayor �« 6 Moved by Bledsoe and seconded by Pasley that Ordinance No. 3891-- be passed on its first reading. Voting Aye: Judge, Pasley, Eschbach, Bledsoe, Fisher Voting Nay: None Absent: None Moved by Bledsoe and seconded by Pasley Ordinance No. 2101 be passed on its second reading. Voting Aye : Judge, Pasley, Eschbach, Bledsoe, Fisher Voting Nay: None Absent : None Moved by Bledsoe and seconded by Jellinger Ordinance No. 2101 do now pass. Voting Aye: None Voting Nay: Judge, Pasley, Eschbach, Bledsoe, Fisher, Jellinger Absent: None Mayor DeHart declared Ordinance No. 2101 defeated.