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HomeMy WebLinkAboutOrd.731.07-24-1989BILL No. 89-131 ORDINANCE NO. �! AN ORDINANCE PROHIBITING ANY DAMAGED OR DISABLED MOTOR VEHICLE FROM BEING LEFT OR PERMITTED TO REMAIN UPON ANY PRIVATE PROPERTY; DECLARING THE ABOVE TO BE A NUISANCE; PROVIDING FOR THE ABATEMENT OF SUCH NUISANCE; AND PROVIDING A PENALTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by the addition of nine (9) new sections pertaining to damaged or disabled motor vehicles, in words and figures, as follows, to -wit: Sec. 15-4. Definitions. (a) Person: Any person, firm, partnership, association, corporation, or other organization of any kind. (b) Vehicles: Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides, including but not limited to automobiles, trucks, trailers, motorcycles, tractors, buggies, and wagons, or any part thereof. (c) Street or Highway: The entire area between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel. (d) Property: Any land owned by the City or located within the city limits, not including streets and highways. (e) Damaged or Disabled Vehicle: Any vehicle which is not registered or which is improperly registered within the State of Missouri and is inoperable for more than seventy-two (72) hours or any vehicle which is in a state of repair as to be inoperable, without respect to whether it is improperly registered. Sec. 15-5. Damaged or disabled vehicles --nuisance. Any damaged or disabled vehicle or part thereof, located on any property in the City of Cape Girardeau is hereby declared to be a public nuisance. Sec. 15-6. Unlawful to maintain such nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Section 15-5. Sec. 15-7. Notice. Whenever the Chief of Police or his duly authorized representative determines that any vehicle is a nuisance as defined herein, he shall cause written notice to be served upon the owner of the vehicle, if he can be located, or the person in custody of such vehicle, by registered mail or by personal service. The notice shall state that the vehicle is deemed to be a nuisance within the provisions of Section 2 hereof, and shall briefly state facts deemed to constitute such vehicle a nuisance within the terms of this ordinance, and state that the nuisance shall be abated within seven (7) days from receipt of such notice. - - -- Sec. 15-8.- Proceedings when owner-or-custodian--cannot--be located. When the owner or custodian of any nuisance as defined in Section 2 cannot be located by reasonable search, the notice shall be attached to the vehicle, briefly stating facts deemed to constitute a nuisance and stating that the nuisance shall be abated within seven (7) days of the date notice was posted. Sec. 15-9. Duty of the owner or custodian. Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful. Sec. 15-10. Disposition. If not removed within the time specified in the notice, the vehicle shall, be transported to a storage area by or at the direction of the Chief of Police or his duly authorized representative at the expense of the owner or persons in custody thereof. Unclaimed vehicles are to be disposed of in accordance with City Ordinances. Sec. 15-11. Entry onto private property. The Chief of Police or his duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle in accordance with this ordinance. If any person refuses to allow entry onto his private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith. -2- Sec. 15-12. Exemptions. The provisions of this ordinance shall not apply on the premises of a duly licensed automobile repair or sales business or on the premises of a duly licensed automobile junking yard provided that the person owning or possessing the vehicle on such premises receives a substantial portion of his annual income from the operation of such business. The provisions of this ordinance shall not apply to vehicles stored in closed buildings. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. -I SECTION 3. -It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS C -Wk DAY OF o,, 1989. - rancis ff.—Rhodes, Mayor ATTEST: WA a AR MA 111111 11; 1111 LeGrand, City Clerr -3-