87-9189 Traffic Motor Vehicles(Published in The Salina Journal May 25, 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 PERTAINING
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 garage 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 informal 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. Ali 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 convicted."
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.
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
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Introduced: May 11, 1987
Passed: May 18, 1987
Stephen C. Ryan,' Mayor