Chapter 3
JUNK, ABANDONED VEHICLESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584
6-3-1: JUNK VEHICLES:
6-3-1-1: DEFINITION:
6-3-1-2: NUISANCE DECLARED:
6-3-1-3: JUNK VEHICLES RESTRICTED:
6-3-1-4: REMOVAL AND DISPOSITION OF JUNK VEHICLES:
6-3-1-5: INTERFERENCE WITH CITY OFFICERS PROHIBITED:
6-3-1-6: EXEMPTIONS FROM PROVISIONS:
6-3-2: ABANDONED, WRECKED VEHICLES:
6-3-2-1: DEFINITIONS:
6-3-2-2: ABANDONMENT OF VEHICLES:
6-3-2-3: IMPOUNDMENT AND DISPOSITION OF ABANDONED, WRECKED VEHICLES:
6-3-2-4: VIOLATION; PENALTY:

6-3-1: JUNK VEHICLES: linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149406
6-3-1-1: DEFINITION: linklink

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 or parts therefrom, and which meets the following qualifications:


A. It does not carry a current, valid state registration and license plates; or


B. It cannot be safely operated under its own power; or


C. It is not in a garage or other building; or


D. It does not have a reasonable amount of accessory equipment.

The vehicle must meet one of the above qualifications before it can be classified as an abandoned, wrecked, dismantled or inoperative vehicle. (Ord. O2003-5, 10-28-2003)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149407
6-3-1-2: NUISANCE DECLARED: linklink

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 andgeneral 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 Section 6-3-1.
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149408
6-3-1-3: JUNK VEHICLES RESTRICTED: linklink

It shall be unlawful for any person or persons to maintain a junk motor vehicle, junk vehicles or junk parts thereof on residential property or business property exposed to the public view for a period of more than thirty (30) days. (Ord. 708, 8-17-70)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149409
6-3-1-4: REMOVAL AND DISPOSITION OF JUNK VEHICLES: linklink


A. Notice to Remove: Any member of the Police Department may order any junk motor vehicle, junk vehicles, or parts thereof, removed within ten (10) days. (Ord. 708, 8-17-70; 1989 Code)

Notice of such order shall be placed upon said junk motor vehicle, junk vehicle or parts thereof. Copies of said notice shall be served upon any adult occupying the real estate upon which the junk motor vehicle, junk vehicle 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, junk motor vehicle 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, junk vehicle or parts thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the realty.


B. Failure to Remove Unlawful: It shall be unlawful and a misdemeanor for any person to fail and refuse to remove an abandoned, wrecked, junk motor vehicle, junk vehicles or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the provisions of this Section 6-3-1.


C. Impoundment by City; Public Sale: If said junk motor vehicle, junk vehicles or parts thereof are not removed within the time so fixed, the Police Department may cause said junk motor vehicle, junk vehicles or parts thereof to be removed at the expense of the owner, and placed in an impounding yard where they shall be offered for sale to the highest and best bidder for public auction, to be held not later than ten (10) days after one publication and notice of such sale, to be published in a local newspaper. The proceeds from such sale shall be used to pay towing expense and rental in impounding yard where said junk motor vehicles, junk vehicles or parts thereof are held. In the event the sale of the impounded junk motor vehicle, junk vehicles or parts thereof fails to produceenough revenue to pay the towing and impounding charges, the balance will be due and payable immediately by the owner of said junk motor vehicle, junk vehicle or junk parts.


D. Nonliability of City: The Police Department and the City shall not be liable or responsible for any damages, theft or deterioration caused to said junk vehicles or junk parts during any period of time that the Police Department has taken such personal property into custody, or during any such period of time such junk vehicles or junk parts are held in said impounding yard.

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149410
6-3-1-5: INTERFERENCE WITH CITY OFFICERS PROHIBITED: linklink

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 Section.
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149411
6-3-1-6: EXEMPTIONS FROM PROVISIONS: linklink

This Section shall not apply to:


A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where 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 dismantler, 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; or


C. A bona fide antique vehicle being kept or stored because of its value and utility as an antique vehicle. The Chief of Police shall make a determination as to whether any vehicle claimed to be an antique is a bond fide antique. If the owner of the vehicle is not satisfied with the decision of the Chief, then said owner may appeal to the City Council for a final decision settling the question. (Ord. 708, 8-17-70)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149412
6-3-2: ABANDONED, WRECKED VEHICLES: linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149413
6-3-2-1: DEFINITIONS: linklink

When used in this Section 6-3-2, the following words and terms shall have the meanings herein ascribed to them:

POLICE DEPARTMENT: Refers to the Police Department of the City of Emmett, Idaho.

WRECKED VEHICLE: Any motor vehicle lacking ordinary maintenance and care to such a degree as to render such vehicle immobile and said vehicle having remained in an immobile condition for a minimum period of fourteen (14) continuous days. For the purposes of this Section, flat tires and like impediments to ordinary use of a motor vehicle shall be deemed to place a car in an immobile condition.
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149414
6-3-2-2: ABANDONMENT OF VEHICLES: linklink

It shall be unlawful and a misdemeanor for any person to leave or park any abandoned vehicle or wrecked vehicle upon any street, alley or public property within the City. (Ord. 677, 1-10-66)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149415
6-3-2-3: IMPOUNDMENT AND DISPOSITION OF ABANDONED, WRECKED VEHICLES: linklink


A. Impoundment; Costs: The Police Department of the City shall have the authority to take into its custody and to impound any stolen, abandoned, unidentified or wrecked vehicle located or parked on any street, alley, public road or public property located within the City. The impounded vehicles shall be placed at such places as may be designated by the Police Department. All costs and expenses of towing, keeping and storage of such vehicle shall be assessed by the Police Department against the vehicle, and such costs shall constitute a lien in favor of the City upon and against such vehicle. (Ord. 677, 1-10-66; 1989 Code)


B. Redemption of Impounded Vehicles: Any person claiming ownership of any vehicle impounded under the provisions of this Section 6-3-2 shall make written application to, and furnish such proof of ownership as may be required by the Police Department. The Police Department shall deliver such vehicle to the owner upon the payment of all costs assessed against such vehicle, and shall deliver all moneys collected, together with the claim of ownership and the Police Department's disposition noted thereon, to the City Clerk.


C. Sale; Redemption After Sale: All vehicles impounded by the Police Department under the provisions of this Section 6-3-2 which are unredeemed within a period of thirty (30) days from the date of impounding, shall be subject to sale by the Chief of Police to the highest bidder for cash in the manner provided by this Section. The proceeds of any such sale shall be applied first to the payment of all costs assessed against the vehicle, and the balance of the proceeds, if any, shall be deposited with the Clerk and kept by him in an appropriate fund for a period of one year from date of receipt. Any person claiming title to or ownership of such proceeds by reason of ownership of the vehicle prior to sale by the Chief of Police, shall make written application therefor to the Clerk and Police Department, and shall furnish therewith such proof ofownership as may be required by the Clerk and Police Department. If satisfactory proof of such title ownership is furnished within one year of the date of the receipt of such proceeds by the Clerk, then such proceeds shall be returned to the claimant; otherwise, the same shall be credited to the General Fund of the City, and no claim therefor shall thereafter be entertained.


D. Notice of Sale: Whenever any vehicle shall be sold under the provisions of this Section 6-3-2, the Chief of Police shall first give notice thereof by publication in at least three (3) issues of the official newspaper, the first of such publications to be at least ten (10) days prior to the date of sale. The notice shall contain a description of the property to be sold, the time and place of sale, that all bids shall be for cash to the highest bidder, and that the City reserves the right to reject any or all bids. Upon payment of the bid price, the Chief of Police shall execute and deliver a bill of sale to the purchaser of such vehicle. (Ord. 677, 1-10-66)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149416
6-3-2-4: VIOLATION; PENALTY: linklink

Any person who shall violate the provisions of this Section 6-3-2 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in subsection 1-4-1B of this Code. (Ord. 677, 1-10-66; amd. Ord. 777, 2-4-85)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=17584#s149417