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HomeMy WebLinkAbout~Master - Amending Municipal Code, Prohibiting Abandonment of Vehicles ORDINANCE NO. 2107 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; PROHIBITING ABANDONMENT OF VEHICLES AND RES- TRICTING THE DISPOSITION OR KEEPING OF UNLICENSED, WRECKED, NON-OPERATING, OR DISCARDED VEHICLES ON PRIVATE PROPERTY; DECLARING THE SAME A NUISANCE; PROCEEDING FOR THE ABATEMENT THEREOF; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. WHEREAS, in the City vehicles are or may in the future be aban- doned on private property within the City; and, WHEREAS, there are or may in the future be unlicensed 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 interfere with the enjoyment of and reduce the value of private property; invite 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 an 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 inter pretation 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 devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation, motor vehicle, automo- bile, truck, trailer, motorcycle, tractor, buggy, and wagon, or any combin- ation thereof. (b) "Unlicensed" means any vehilce which is not displaying a valid, current license as required by the laws of the State of Iowa. (c) "Property" shall mean any private real property within the City. 25 A 2 Leaving Unlicensed vehicle on property. It shall be unlaw- ful 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 unlicensed partially dismantled, non-operating, wrecked junked, or dis- carded vehicle to remain on such property longer than 30 days; 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 30 days. Page Two. 25 A 3 Exceptions. This ordinance shall not apply in regard to the following: (a) A vehicle in an enclosed building, or under tarp or screened from view. (b) A vehicle on the premises of a business enterprise operated in a district properly zoned therefore as authorized 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 maintain d in a lawful place and manner by the City. 25 A 4 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 vehicl 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 orl�posed of in accordance with Section 25. 127 to Section 25-134 inclusive of the Munici- pal Code of the City of Ames, Iowa. 25 A 5 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 6 Separability. If any section, sub-section, sentence, clause phrase, or portion of this ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shal not affect the validity of the remaining portions 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 21st day of December 1965. LOUISE WHITCOME, City Clerk PEARLE P. DE HART, Mayor Moved by Pasley-Fisher Ordiancne No. 2107 be passed on its first reading Voting Aye: Pasley-Eschbach, Fisher, Judge Voting Nay: None Absent: Bledsoe, Jellinger, Mayor DeHart Moved by Judge-Pasley Ord. be passed on 2nd reading 6 ayes 0 nays Moved by Judge-Fisher to suspend rules, etc. 6 ayes 0 nays Moved by Fisher-Bledsoe Ord. do now pass. 6 aye s 0 nays Ord. declared adopted.