10.56.010 Definitions.
As used in this chapter the following words,
terms and phrases shall have the meanings herein as described:
Abandoned motor vehicle means any motor vehicle which is left unattended on any public street or alley, in any public parking lot, or in a public place for more than twenty-four consecutive hours.
Junk motor vehicles means any motor vehicle which does not have lawfully affixed thereto unexpired license plates or which is wrecked, dismantled, partially dismantled, inoperable or discarded.
Motor vehicle means any self-propelled vehicle including, but not limited to, automobiles, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, and campers (Ordinance 3264 (part), 1996: prior code 17-75)
10.56.020 Nuisance
declared.
The presence of an abandoned,
wrecked, dismantled, in-operative, junk or partially dismantled motor
vehicle or parts thereof, on private or public property, is declared
a public nuisance pursuant to SDCL Section 9-29-13. This section shall
not apply to any motor vehicle enclosed within a building on private
property or to any motor vehicle held in connection with a business
enterprise, properly operated in the appropriate zoning district, or
to any motor vehicle in operable condition specifically adapted or de-
signed for operation on drag strips or raceways and covered with an
appropriate cover to screen it from view, which vehicle remains on private
property. (Ordinance 3264 (part), 1996: Ordinance 3154,1994: prior code
17-76)
10.56,030 Storing,
parking or leaving on public property - Prohibited.
No person shall park,
store, leave or permit the parking, storing or leaving of any abandoned
or junk motor vehicle of any kind, whether attended or not, upon any
public property in the city. (Prior code § 17-77)
10.56.040 Storing,
parking or leaving on public property - Removal.
Whenever any police officer
finds an abandoned motor vehicle or junk motor vehicle on public property
he shall place written notice on the vehicle that it will be removed
to a garage or place of safety unless The owner removes the vehicle
from public property within twenty-four hours of the giving of the notice.
After the expiration of the twenty-four- hour period, the vehicle may
be removed by the removal agency to a garage or place or safety. Nothing
in this section precludes the police department from immediately removing
a motor vehicle which causes an obstruction or hazard to traffic. (Prior
code § 7-78)
10.56.050 Presence
on private property - Prohibited.
No person owning, in charge
of, or in control of any real property within the city, whether as owner,
tenant. occupant, lessee or otherwise, shall allow any abandoned or
junk motor vehicle of any kind to remain on such property longer than
thirty days. (Prior code § 17-80)
10.56.060
Presence on private property - Notice to remove.
Whenever it comes to the
attention of the police department that any person has an abandoned
or junk motor vehicle on his property, a notice in writing shall be
served by certified mail upon such person ordering the removal of such
motor vehicle in the time specified in this chapter. The notice shall
be deemed complete upon mailing to the last known address of the addressee.
The notice shall contain the request for removal within ten days after
the mailing of such notice, and the notice shall notify that failure
to comply with the notice to remove shall be a violation of this chapter.
The recipient of such notice shall have ten days from the date of mailing
to file a notice of appeal of the determination contained therein. The
notice or appeal must be in writing and filed with the finance officer.
All appeals will be determined by the mayor or his designee. (Ordinance
3264 (part). 1996: prior code § 17- SI)
10.56.070 Racing
or antique vehicles.
No owner or occupant of
private property shall have an uncovered motor vehicle in operable condition
specifically adopted or designed for operation on drag strips or raceways
or on uncovered motor vehicle retained on private property for antique
collection purposes, all as defined by Section 1056.020. (Prior code
17-82)
10.56.080 Removal
by city - Notice to owner.
It shall be the duty of
the police department or duly authorized ordinance enforcement personnel
to notify, by certified mail, the registered owner, and if encumbered,
the lien holder, or the removal, storage and present location of any
motor vehicle re- moved under the provisions of this chapter and that
the vehicle can be recovered by payment of costs incident to its removal
and storage. (Ordinance 3264 (part), 1996: prior code § 17-79)
10.56.090 Violation
- Penalty.
Any person violating any
provision of this chapter shall be guilty of a misdemeanor, and upon
conviction shall be subject to a penalty not to exceed thirty days imprisonment
or a fine of one hundred dollars, or both. (Prior code § 17-83)
18.52.080 Use
of streets for storage, display or sale of vehicles.
No person shall use the
streets for the storage, display or sale of any vehicle. (Prior code
§ 28-8)
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