8.7 Inoperable Vehicles : CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION DATE TIME
5/11/1987 4:00 P.I~.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 City Clerk AGENO~:
1 TEM i
NO. 7
BY: D. L. Harrison BY:
First Reading Ordinance Number 87-9189 amending Sections 38-83, 38-87, 38-88
of the Salina Code, repealing Sectional 38-84 and 38-85, pertaining to
inoperable vehicles.
This ordinance will be on the May 18, 1987 agenda for second reading.
COMMISS ION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
GREG A. BENGTSON, CITY ATTORNEY
129 S. 8TH P.O. BOX 380
SALINA, KANSAS 67402-0380
AREA CODE 913 823-6325
April 30, 1987
Rufus Nye
City Manager
P.O. Box 736
Salina, Kansas 67402-0736
D. L. Harrison
City Clerk
P.O. Box 736
Salina, Kansas 67402-0736
Re: Amendments to Inoperable
Vehicle Ordinance
Gentlemen:
I believe we have reached a consensus on proposed
amendments to Salina's inoperable vehicle ordinance
presently found at Sections 38-81 through 38-88 of the
Salina City Code. The proposed ordinance is an effort to
respond to several administrative and interpretative
problems presented by the existing ordinance. The following
is a summary of the proposed changes:
(1). Prohibition and Exceptions. The existing
inoperable vehicle ordinance includes a general prohibition
of inoperable vehicles as defined in Section 38-82.
Exceptions are made for the following classifications of
inoperable vehicles.
1. Vehicles temporarily inoperable
for up to 30 consecutive days.
2. Inoperable vehicles located in
any commercial district (except Cl) or any
industrial district.
3. Any inoperable vehicles placed
behind screening sufficient to screen
the vehicles from public view and to
prohibit ready access by children.
MEMBER . . . KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
The proposed ordinance maintains the general
prohibition against inoperable vehicles and creates
exceptions only for inoperable vehicles that:
1. Are enclosed in a garage or
other building; or
2. Are kept by a duly licensed
automobile junk dealer in compliance
with Salina Code Section 33-38.
(2). Procedure. The present administrative procedure
involves a 10 day notice, followed by prosecution in the
event of a failure to comply. The existing procedure has
been difficult to manage and often results in unnecessary
delays. The proposed procedure allows the alleged violator
an opportunity to be heard, but at the same time expedites
the procedure.
(3). Penalty. The existing ordinance provides for a
fine not to exceed $25, or imprisonment not to exceed 5
days, or both. The existing ordinance contemplates towing
only if the owner of the vehicle cannot be found and the
owner of the real property is a non-resident of the county.
The proposed ordinance increases the potential fine and
provides an option for towing. Towing will occur only if
ordered by the Court upon a conviction for violation of the
ordinance or in the event the owner of the vehicle cannot be
found and/or the owner of the real property upon which it is
located is a non-resident of the county.
If the proposed ordinance meets your approval, please
place it on the City commission agenda as soon as you feel
appropriate. Thank you.
Sincerely,
CITY OF SALINA, KANSAS
. Bengtson
ttorney
GAB/dg
Enclosure
cc: Mike Peterson
Chief Building & Zoning Inspector
Glen Kochanowski
Assistant Chief of Police
Gary Denning
City Prosecutor
(Published in The Salina Journal May , 1987)
ORDINANCE NUMBER 87-9189
AN ORDINANCE AMDNEING SECTIONS 38-83, 38-87, and 38-88 OF THE
SALINA CODE AND REPEALING SECTIONS 38-84 and 38-85, ALL PERTAININC
TO INOPERABLE VEHICLES.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 38-83 of the Salina Code is hereby amended to
read as follows:
"Section 38-83. Prohibitions and exceptions.
It shall be unlawful for any person or his agent,
either as owner, lessee, tenant, or occupant of any real
property within the city to park, store, or deposit, or
permit to be parked, stored, or deposited thereon an
inoperable vehicle, unless:
(a} The inoperable vehicle is enclosed in a 9arage or
other building.
(b) The person is a duly licensed automobile junk
dealer and the inoperable vehicle is kept in compliance with
Section 33-38.
Provided, however, that nothing in this section authorizes
the maintenance of a public nuisance."
Section 2. That Section 38-87 of the Salina Code is hereby amended to
read as follows:
"Section 38-87. Procedure.
(a} Whenever an informat complaint is made to the city
or at any time a duly authorized officer of the city becomes
aware of the existence of a violation of this division, a
notice to appear in municipal court initiating prosecution of
the violation shall be served upon the person in possession
of the vehicle or the owner of the real property upon which
such inoperable vehicle is located.
(b) If the owner of such inoperable vehicle cannot be
found, and/or the owner of the real property upon which
the vehicle is located is a non-resident of the county, a duly
authorized officer of the city shall have the authority to
enter upon such property and cause the vehicle to be
removed. All costs incurred in such removal shall be
assessed against the property upon whichthe vehicle is
located and shall be collected by any lawful means available
to the City."
Section 3. That Section 38-88 of the Salina Code Is hereby amended to
read as follows:
"Section 38-88. Penalty.
(a) Any person violating the provisions of this division
shall be guilty of a misdemeanor and shall be fined not less
than twenty-five dollars ($25.00) or more than five hundred
dollars ($500.00), or imprisoned not to exceed five (5) days,
or be both so fined and imprisoned, for each offense. Each
day such violation continues to exist shall constitute a
separate offense.
(b) Upon a conviction for violation of this division, it
shall be within the court's discretion to order that the
vehicle be removed and stored at the expense of the person
so conficted."
Section 4. That the existing Sections 38-83, 38-84, 38-85, 38-87,
38-88 are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Stephen C. Ryan, Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk