8134 Inoperable VehiclesCONSOLIOAT7;-SALINA
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ORDINANCE NUMBER 8134
!(Published in The Sa I i na Journal l��eo.h,a.� 31 1970 >
AN ORDINANCE RELATING TO INOPERABLE VEHICLES; PROHIBITING CERTAIN PLACEMENT OR
STORAGE OF SAME ON PUBLIC OR PRIVATE PROPERTY; PRESCRIBING DUTIES FOR CERTAIN OFFICERS AND
PRESCRIBING PENALTIES.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. FINDING OF GOVERNING BODY.
The Commission finds that junked, wrecked, dismantled, inoperative,
discarded or abandoned vehicles, or parts thereof, in and upon all
property within the City is a matter affecting the health, safety,
and general welfare of the citizens of Salina, Kansas, for the
following reasons:
(a) Such vehicles serve as a breeding ground for flies,
mosquitoes, rats and other insects and rodents.
(b) They are a danger to persons, particularly children
because of broken glass, sharp metal protrusions,
insecure mounting on blocks, jacks or supports and
because they are a ready source of fire and explosion.
(c) They encourage pilfering and theft, and constitute a
blithing influence upon the area in which they are
located thareby causing a loss in property value to
surrounding property.
(d) They constitute a fire hazard in that they block
access for fire equipment to adjacent buildings and
structures.
Section 2. DEFINITIONS.
Inoperable - Means a condition of being junked, wrecked, wholly or
partially dismantled, discarded, abandoned or unable to perform
the functions or purpose for which it was originally constructed.
Vehicle - Means any automobile, truck, tractor, aircraft, or
motorcycle which, as originally built, contained an engine
or designed to contain an engine, regardless of whether it
contains an engine at any other time.
Section 3. PROHIBITIONS.
Except as provided in Sections 4 and 5, it shall be unlawful for
any person, partnership, corporation, or their agent either as owner,
lessee, tenant or occupant of any lot or land within the City to park,
store or deposit, or permit to be parked, stored, or deposited thereon,
an inoperable vehicle unless it is enclosed in a garage or other
building.
Section 4. TEMPORARILY DISABLED VEHICLES.
The provisions of Section 3 of this Ordinance shall not apply to any
person, partnership or corporation or their agent with one vehicle
inoperable for a period of thirty (30) consecutive days or less.
Section 5. SCREENING.
The provisions of Section 3 of this Ordinance shall not apply to any
person, firm or corporation or their agent who is conducting a business
enterprise in compliance with existing zoning regulations or who places
such vehicles behind screening of sufficient size, strength and density
to screen such vehicles from the view of the public using the streets
and sidewalks and to prohibit ready access to such vehicles by children
provided, however, that nothing in this section shall authorize the
maintenance of a public nuisance.
CONSOLIDAT .9-SALINA
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Section 6. PRESUMPTIONS.
Any one of the following conditions shall raise the presumption
that a vehicle is inoperable:
(a) Absence of an effective registration plate upon such vehicle.
(b) Placement of the vehicle, or parts thereof, upon jacks, blocks,
chains or other supports.
(c) Absence of one or more parts of the vehicle necessary for the
lawful operation of the vehicle upon the streets and highways.
Section 7. ADMINISTRATIVE PROCEDURE.
Whenever an informal complaint is made to the Building Inspection
Department, or at any time the Building Inspection Department becomes
aware of the existence of a violation of this Ordinance, said
Department shall cause to be served upon the person in possession of
the vehicle or the owner of the real property upon which such
inoperable vehicle is located, a written notice. Such notice shall
inform such person or persons of the violation and direct that they
comply with the provisions of this 'ordinance within ten (10) days
following receipt of the notice or prosecution will be commenced
for violation thereof.
In the event such person or persons fails to comply with the
provisions of this Ordinance within such time the Building Inspection
Department shall notify the City Attorney who shall commence
prosecution under this Ordinance.
In the event the owner of such inoperable vehicle cannot be found,
and the owner of the real property upon which such vehicle is located
is a non-resident of Saline County; the Building Inspection Department
shall have the authority to enter upon such property and cause the
vehicle to be removed. All costs incurred shall be assessed against
the property upon which the vehicle was located.
Section 8. PENALTY.
Any person, partnership or corporation violating the provisions of
this Ordinance shall, upon conviction thereof, be fined in an amount
not to exceed twenty-five dollars ($25) or imprisioned not to exceed
five (5) days or be both so fined and imprisoned. Each day during or
on which a violation occurs or continues shall constitute a separate
offense.
Section 9. AUTHORITY.
This Ordinance is adopted by authority of and under the provisions of
Article 12, Section 5 of the Kansas Constitution.
Section 10. This ordinance shall be in full force and effect after its adoption
and publication once in the official city newspaper.
(SEAL)
Attest:
City Clerk
Introduced: December 21, 1970
Passed: December 28, 1970
Mayor