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08-10452 Inoperable Vehicles(Published in the Salina Journal on June, 2008). ORDINANCE NUMBER 08-10452 AN ORDINANCE AMENDING CHAPTER 38, ARTICLE I1I, DIVISION 3 OF THE SALINA CODE BY AMENDING SECTION 38-83 AND ADDING SECTION 38-89 PERTAINING TO INOPERABLE VEHICLES AND REPEALING EXISTING SECTION 38-83. a w BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 38-83 of Chapter 38, Article III, Division 3 of the Salina Code is hereby amended and reads as follows: U "Sec. 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, or any vehicle owner, to park, store, or deposit, or permit to be parked, stored, or deposited thereon an inoperable vehicle, unless: (1) The inoperable vehicle is enclosed in a garage or other building. (2) The person is a duly licensed automobile junk dealer and the inoperable vehicle is kept in compliance with section 33-38. (3) The inoperable vehicle is stored on property located in either the I-2 or the I-3 zoning district and completely enclosed by screening of not less than six (6) feet in height. Provided, however, that nothing in this section authorizes the maintenance of a public nuisance." Section 2. That existing Section 38-83 is hereby repealed. Section 3. That Section 38-89 is hereby added to Chapter 38, Article III, Division 3 of the Salina Code and reads as follows: ' "Sec. 38-89. License Plate Obscured from View.' Where a vehicle is (1) parked or stored in a residential zoning district so that it is visible from a public or private street, and (2) the license plate of such vehicle is screened from view by an adjacent structure or vegetation, or by a cover, tarp or similar object, then the vehicle shall be deemed to be an inoperable vehicle subject to the provisions of this Chapter. Such a determination may be voided if the property owner, vehicle owner or resident can furnish proof that the vehicle has a license plate and current registration as required for operation of the vehicle on pubic streets and highways, or that the vehicle has a non - highway vehicle title issued solely because the vehicle was not manufactured for street use. Such proof shall be provided to an authorized officer of the City within fifteen day from the date when a notice of violation was first given to the property owner, vehicle owner or resident. For the purposed of this section, a vehicle shall be considered visible, even if covered, if the shape of the covered object is recognizable as a vehicle." Section 4. That Section 38-89 is hereby added. 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. Introduced: June 9, 2008 ' Passed: June 16, 2008 Joh K. Vanier II, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, Cityerk