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256 Abandoned Motor Vehicles 148 ORDINANCE NO. 256 AN ORDINANCE RIDULATING UNIDENTIFIED, STOLEN, WRECKED OR ABANDONED MOTOR VEHICLES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: - Section 1. The Police Department is hereby authorized in addition to any penalty that maybe provided therefor, to remove an abandoned, unidentified, stolen, or wrecked motor vehicle or other personal property as herein defined, found upon any public thoroughfare or other property of the Municipality and shall keep the same in its custody and control at such place as may be de~ignated by said Police Department until redeemed by the owner; and all such unidentified, stolen, wrecked or abandoned motor vehicles or other personal property which now is in the possession of the Police Department shall be subject to the actual cost of removal or tow-in from the public place and a storage of fifty cents (50i) per day as long as the same is in possession and custody. "Unidentified motor vehicle or other personal property" as used herein is hereby defined to be such motor vehicles or other personal property where owner- ship thereof cannot be ascertained. "Stolen motor vehicles or other personal property" is hereby defined to be that property which the Police Department has reasonable grounds to believe to be stolen. 1 "Abandoned motor vehicle or other personal property" is hereby defined to be an automobile or personal property which remains upon the street or other public property for a period of time longer than forty-eight (48) hours, the owner of which cannot be located or the owner refuses to remove the same. Section 2. It shall be unlawful for any owner or any person in charge of a motor vehicle or other personal property to leave or abandon the same upon the streets or public places. Section 3. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create"'a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article. Definition. An abandoned, wrecked, dismantled or inoperative vehicle or part thereof, hereinafter called a junk motor vehicle, shall be defined as an unsightly motor vehicle or a part of parts therefrom, which meets anyone of the following qualifications: a. It does no-t carry a current valid state registration and license plates. b. It cannot be safely operated under its own power. c. It is not in a garage or other buildings. d. It does not have anyone of the following: Foot brakes, hand brakes, headlights, tail lights, horn, muffler, rearview mirrors, windshield wipers or adequate fenders. Section 4. It shall be unlawful for any person or persons, fir!D-~ -partner~~~~_ ship or corporation to maintain a junk motor vehicle, vehicles, or pat::tA~here6t~ on residential property or busineSB property exposed to the public view rOA a -_"~_:::: period of more than thirty (30) days. ." , - 2 ...-.. . - I'.' .- Section 5. Exemptions. This Ordinance shall not apply to: , .- -- a. A vehicle or part thereof which is completely enclosed within"a --"-:-> ",'- building in a lawful manner which it is not visible from the -street -', .- or other public or private property; or b. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dis- mantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. " " I :149 ORDINANCE NO. 256 Section 6. Any member of the Police Department or Building Department may order any junk motor vehicle, vehicles or parts thereof removed within ten (10) days. Section 7. Notice of such order shall be placed upon said junk motor vehicle. vehicles or parts thereof.. Copies of said notice shall be served upon any adult occupying the real estate on which the junk motor vehicle, vehicles or parts thereof are located and upon the owner of the junk if known. If-no occupant of the real estate or owner of the jUnk vehicle, vehicles or parts thereof can be found, a notice affixed to any building on the real estate shall constitute notice to the owner or occupant of the real estate and to the owner of the junk motor vehicle, vehicles or parts thereof. If there is no building on the real estate said notice may be affixed elsewhere on the real estate. Section 8. It shall be unlawful and a misdemeanor for any person to fail or refuse to remove a wrecked, junk motor vehiCle, vehicles or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the pro- visions of this Ordinance. Section 9. It shallb&-,uiawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City officer or employee tb enter upon private or public property to enforce the provisions of this Ordinance. Section 10. If said junk vehicle, vehicles or parts thereof are not removed within the time so fixed the Police Department or BUilding Department may cause said junk vehicle, vehicles or parts thereof to be removed and the actual costs of removal or tow-in charge and a storage of fifty cents (50t) per day for so long as the same is in possession and custody of the City shall be charged to the owner. In the event said junk motor vehicle, vehicles or parts thereof are not claimed by the lawful owner, then and in that event the same shall be sold according to law. Section 11. In the event any part of this Ordinance conflicts with any existing Ordinance of the City of Meridian, this Ordinance shall be deemed as pre- vailing and the Ordinance it is in conflict with is deemed repealed. Sectionl2. WHEREAS there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its_passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 3rd day of December, 1973. " -- - APPROVED : ~VM.~ ayor " _/ AI C 1.2-12-73 .' ." .~.....::' ~ Co at {I'll. rs /7- - /;< -73 -~ ...-' "2.. ~~ ::::: --, "':, - ~ - ~~ .---,'"',