427 Abandoned, Wrecked,or Stolen Vehicles
018
ORDINANCE NO. 427
AN ORDINANCE REPEALING CHAPTER 18, TITLE 8, REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED
ABANDONED: WRECKED VEHICLES, IN ITS ENTIRETY, AND ENACTING IN ITS
PLACE A NEW CHAPTER 18, TITLE 8, OF SAID ORDINANCES, TO BE
ENTITLED ABANDONED; WRECKED; OR STOLEN VEHICLES; OR PERSONAL
PROPERTY.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho have concluded that it is in the best interest of
said City to repeal Chapter 18, Title 8, Abandoned; Wrecked
Vehicles, and to replace the same with a new Chapter 18, Title 8,
to be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal
Property, to become effective upon approval hereof,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY
OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY,
IDAHO,
I
section 1. That Chapter 18, Title 8 shall be repealed in
its entirety and the same replaced with a new Chapter 18, :t.o be
entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal
Property to become effective upon approval hereof, and to read as
follows:
8-1801: AUTHORIZATION OF POLICE DEPARTMENT: The Police
Department is hereby authorized in addition to any
penalty that may be provided therefor, to remove an abandoned,
unidentified, stol~n, or wrecked 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 designated by said
Police Department until redeemed by the owner; and all such
unidentified, stolen, wrecked or abandoned 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 Two Dollars ($2.00) per day
as long as the same is in possession and custody of the Police
Department.
"Vehicle" is hereby described as every device in, upon or
by which any person or property is or may be transported or drawn
upon a public or private street or highway.
"Unsightly" is hereby defined as not being pleasing to the
sight.
"Unidentified vehicle or other personal property" is hereby
defined to be such vehicles or other personal property of which
the ownership cannot be ascertained.
"Stolen vehicles or other personal property" is hereby
defined to be that property which the Police Department has
reasonable grounds to believe to be stolen.
"Abandoned vehicle or other personal property" is hereby
defined to be a vehicle 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.
I
8-1802: VEHICLES ABANDONED ON STREETS OR PUBLIC PLACES:
It shall be unlawful for any owner or any person
in charge of a vehicle or other personal property to leave or
abandon the same upon the streets or public places.
ORDINANCE NO. 427 CONT'D
019
I
8-1803: PUBLIC NUISANCE: The existence, accumulation
or 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 of rodents and insects and to be
injurious to the health, safety and general welfare of the
residents of the City. 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 is in accordance with the provisions of this
Ordinance.
Definition. An abandoned, wrecked, dismantled or inoperative
vehicle, or part thereof, herein~ter called a junk vehicle
shall be defined as an unsightly vehicle or a part or parts
therefrom, which meets anyone of the following qualifications:
(A) It does not carry a current valid State registration or
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, taillights, horn, muffler, rearview
mirrors, windshield wipers or adequate fenders.
(E) It has been physically damaged.
(F) Part or parts of the vehicle have been removed.
(G) It is in a dilapidated condition.
8-1804:
EXEMPTIONS: This Ordinance shall no apply to:
(A) A junk vehicle or part thereof which is completely enclosed
within a building or in such a manner that it is not visible
from the street or other public or private property;
I
(B) A vehicle or part thereof which is (a) stored or parked in a
lawful manner on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer,
a junk dealer, or (b) when such storage or parking is
-._ necessary to the operation of a lawfully conducted business
or commercial enterprise, and, pertaining to both (a) and
(b) above, such business is conducted in a zone wherein such
business is allowed to be conducted.
8-1806: ORDER TO REMOVE JUNK VEHICLE: Any member
of the Police Department or Building Department
may order any junk vehicle, vehicles or part thereof, not within
the exceptions to this Ordinance, removed after ten (10) days
prior notice of intention to remove the junk vehicle.
8-1807: NOTICE OF REMOVEL: Notice of such order shall
be placed upon said junk vehicle, vehicles or
parts thereof. Copies of said notice shall be served upon any
adult occupying or owning the real estate on which the junk 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 or upon the junk vehicle
shall constitute notice to the owner or occupant of the real estate
and to the owner of the junk vehicle, vehicles or parts thereof.
If there is no building on the real estate, said notice may be
affixed elsewhere on the real estate.
02'0
ORDINANCE NO. 427 CONT'D
8-1807A: ANOTTCE OF UNLAWFUL USE OF PROPERTY: The notice
given as provided in Section 8-1807 above shall
also contain a notice 'to the owner or occupant of the property, or
whoever the notice is given to, that the property may not be used
to maintain, store, park or keep junk vehicles and that additional
violations or continued violations are unlawful and continued vio-
lations shall be punishable as provided in Section 8-1808B; the
notice shall also contain a provision that additional or continued
violations by the same person, firm, partnership or corporation or
on the same property do not require 'the notice required in 8-1807
prior to removal or prosecution. One notice that the property may
not be used to violate this Ordinance shall be sufficient.
8-1808: REFUSAL TO REMOVE VEHICLE: It shall be unlawful
and a misdemeanor for any person to fail or
refuse to remove a wrecked, junk vehicle, vehicles or parts thereof
or refuse to abate such nuisance when ordered to do so in accor-
dance with the provisions of this Ordinance.
8-1808A: PENALTY: Any person, partnership, firm or
corporation found guilty of violating this
Ordinance may be sentenced to a maximum or six (6) months in
the County jailor fined three hundred dollars ($300.00), or both
such fine and imprisonment for each such violation. Each day
any person, partnership, firm or corporation continues to main-
tain, store, park, or keep any junk vehicle or vehicles in viola-
tion of this Ordinance after the notice and order to remove said
junk vehicle or vehicles has been served or posted shall be deemed
a separate violation of this Ordinance.
8-1808B: PENALTY FOR ADDITIONAL OR CONTINUED VIOLATION: Any
person, firm, partnership or corporation guilty of
violating the provisions of this Ordinance and found to have
previously violated this Ordinance shall be sentenced to a minimum
of ten (10) days in jail and shall be fined Three Hundred Dollars
($300.00) for each day the junk vehicle or vehicles are maintained,
stored, parked, or kept in violation of this Ordinance. The pro-
visions of this section shall be mandatory.
8-1809 :
HINDERING AUTHORIZED PERSON: It shall be unlawful
and a misdemeanor to interfere with, hinder or
any authorized City officer or employee to enter
public property to enforce the provisions of this
refuse to allow
upon private or
Ordinance.
8-1810: REMOVAL OF JUNK VEHICLE: 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'TwO Dollars ($2.00) 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 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.
8-1811: ENFORCEMENT: The provisions of this Ordinance
may be enforced criminally or civilly by means
of injunction and in the event of civil enforcement, the violator
shall be liable for all costs and sttorney fees of the proceedings.
Section 2.
force and effect
tion as required
That this Ordinance shall take effect and be in
from and after its approval, passage and publica-
by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 5th day of December
1983.
ATTEST:
?J-/J 0u-~
I
I
"
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8W-4461
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 18, TITLE 3, REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED
ABANDONED; WRECKE E VEHICLES, IN ITS ENTIRETY, AND ENACTING IN ITS
PLACE A NEW CHAPTER 18, TITLE 8, OF SAID ORDINANCES, TO BE
ENTITLED ABAN DONE D; WRECKED; OR STOLEN VEHICLES; OR PERSONAL
P.�.OPERTY.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho have concluded that it is in the best interest of
said City to repeal Chapter 18, Title 8, Abandoned; Wrecked
Vehicles, and to replace the same with a new Chapter 18, Title 8,
to be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal
Property, to become effective upon approval hereof,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY,
IDAHO,
Section I. That Chapter 18, Title 8 shall be repealed in
its entirety and the same replaced with a new Chapter 18, to be
entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal
Property to become effective upon approval hereof, and to read as
follows:
8-1801: AUTHORIZATION OF POLICE DEPARTMENT:
Department is herebyauthorizedThe Police
dition to
penalty that may be provided therefor, to remove lanaabandoned, any
unidentified, stolen, or wrecked vehicle or other personal
property as herein defined, found upon any public thoroughfare or
other property of the 'unicipality and shall keep the same in
custody and control at such place as may be designated by said
���
Police Iepartment until redeemed by the owner; and all such
unidentified, stolen, wrecked or abandoned vehicles or other
personal property which no,,T is in the possession of the Police
Department shall be subject to the actual cost of removal or tow --in
v
from the public place and a storage of Two Dollars ($2.00) per day
as long as the same is in possession and custody of the Police
Department.
"Vehicle" is hereby described as every device in, upon or
by which any person or property is or may be transported or drawn
upon a public or private street or highway,
sight. "Unsightly" is hereby defined as not being pleasing to the
"Unidentified vehicle or other personal property" is hereby
defined to be such vehicles or other personal property of which
the ownership cannot be ascertained.
"Stolen vehicles or other personal property" is hereby
defined to be that property which the Police Department has rea-
sonable grounds to believe to be stolen.
"Abandoned vehicle or other personal property" is hereby
defined to be a vehicle 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.
8-1802: VEHICLES ABANDONED ON STREETS OR PUBLIC PLACES:
It shall be unlawful for any owner or any person
in charge of a vehicle or other personal property to leave or
abandon the same upon the streets or public places.
8-1803: PUBLIC NUISANCE: The existence, accumulation
or 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 of rodents and insects and to be
injurious to the health, safety and general welfare of the
residents of the City. 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 is in accordance with the provisions of this
Ordinance.
AMBROSE, Definition. An abandoned, wrecked, dismantled or inoperative
FITZGERALD vehicle
&CROOKSTON , or part thereof, hereinafter called a junk vehicle
shall be defined as an unsightly vehicle or a part or parts
Attorneys and therefrom, which meets any one of the following qualifications:
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
(A) It does not carry a current valid State registration or
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 any one of the following: Foot brakes,
hand brakes, headlights, taillights, horn, muffler, rearview
mirrors, windshield wipers or adequate fenders.
(E) It has been physically damaged.
(F) Part or parts of the vehicle have been removed.
(G) It is in a dilapidated condition.
8-1804: JUNK VEHICLE: It shall be unlawful for an
o person
or persons, firm
maintain store Partnership or corporation to
, park or keep a junk vehicle, vehicles, or parts
thereof on residentially zoned property or commercially zoned
property, or on property, public or private, which is otherwise
zoned but used for residential or commercial uses.
8-1805: EXEMPTIONS: This Ordinance shall not apply Pp y to:
(A) A junk vehicle or part thereof which is completely enclosed
within a building or in such a manner that it is not visible
from the street or other public or private property!
(B) A vehicle or part thereof which is (a) stored or parked in a
lawful manner on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer,
a junk dealer, or (b) when such storage or parking is
necessary to the operation of a lawfully conducted business
or commercial enterprise, and, pertaining to both (a) and
(b) above, such business is conducted in a zone wherein such
business is allowed to be conducted.
8-1806: ORDER TO REMOVE JUNK VEHICLE: Any member
of the Police Department or Building Department
may order any junk vehicle, vehicles or part thereof, not within
the exceptions to this Ordinance, removed after ten (10) days
prior notice of intention to remove the junk vehicle.
AMBROSE,
8-1807: NOTICE OF REMOVEL: Notice of such order shall F be placed upon said
junk arts thereof. Copies of said notice shall lbeeserved cupono
les
&CROOKSTON parts
OOK
Attorneys and adult occupying or owning the real estate on which the junk vehicle
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
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 or upon the junk vehicle
shall constitute notice to the owner or occupant of the real estate
and to the owner of the junk vehicle, vehicles or parts thereof.
If there is no building on the real estate, said notice may be
affixed elsewhere on the real estate,
8-1807A: A NOTICE OF UNLAWFUL USE OF PROPERTY: The notice
given as provided in Section 8-1807 above shall
also contain a notice to the owner or occupant of the property, or
whoever the notice is given to, that the property may not be used
to maintain, store, park or keep junk vehicles and that additional
violations or continued violations are unlawful and continued vio-
lations shall be punishable as provided in Section 8-1808B; the
notice shall also contain a provision that additional or continued
violations by the same person, firm, partnership or corporation or
on the same property do not require the notice required in 8-1807
prior to removal or prosecution. One notice that the property may
not be used to violate this Ordinance shall be sufficient.
8-1808: REFUSAL TO REMOVE VEHICLE: It shall be unlawful
and a misdemeanor for any person to fail or
refuse to remove a wrecked, junk vehicle, vehicles or parts thereof
or refuse to abate such nuisance when ordered to do so in accor-
dance with the provisions of this Ordinance.
8-1808A: PENALTY: Any person, partnership, firm or
corporation found guilty of violating this
Ordinance may be sentenced to a maximum of six (6) months in
the County jail or fined three hundred dollars ($300.00) , or both
such fine and imprisonment for each such violation. Each day
any person, partnership, firm or corporation continues to main-
tain, store, park, or keep any junk vehicle or vehicles in viola-
tion of this Ordinance after the notice and order to remove --said
junk vehicle or vehicles has been served or posted shall be deemed
a separate violation of this Ordinance.
8-1808B: PENALTY FOR ADDITIONAL OR CONTINUED VIOLATIOn1: Any
person, firm, partnership or corporation guilty of
violating the provisions of this Ordinance and found to have
previously violated this Ordinance shall be sentenced to a minimum
of ten (10) days in jail and shall be fined Three Hundred Dollars
($300.00) for each day the junk vehicle or vehicles are maintained,
stored, parked, or kept in violation of this Ordinance. The pro-
AMBROSE, visions of this section shall be mandatory.
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88&-4461
AMBROSE,
FITZGERALD
SCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 88"461
8-1809 HINDERING AUTHORIZED PERSON: It shall be unlawful
and a misdemeanor to interfere with, hinder or
refuse to allow any authorized City officer or employee to enter
upon private or public property to enforce the provisions of this
Ordinance.
8-1810: REMOVAL OF JUNK VEHICLE: If said junk vehicle,
vehicles or parts thereof are not removed within
the time so fixed, the Police D.epartment 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 Two Dollars ($2.00) 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 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.
8-1811: ENFORCEMENT: The provisions of this Ordinance
may be enforced criminally or civilly by means
of injunction and in the event of civil enforcement, the violator
shall be liable for all costs and attorney fees of the proceedings.
Section 2. That this Ordinance shall take effect and be in
force and effect from and after its approval, passage and publica-
tion as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this day of
1983.
ATTEST:
(YZa�Ju�s
1
emgnn/ City Cle