Chapter 10.20
INOPERABLE AND ABANDONED VEHICLES
Sections:
10.20.010 Findings of the Governing Body.
10.20.050 Temporarily disabled vehicle.
10.20.060 Repealed.
10.20.070 Removal of abandoned motor vehicles.
10.20.080 Notice to owner and lienholder.
10.20.100 Sale of vehicle at public auction.
10.20.110 Issuance of title – Disposition of proceeds of public sale.
10.20.010 Findings of the Governing Body.
That junked, wrecked, dismantled, inoperative, discarded, or abandoned vehicles in and upon real property and upon the streets, alleys, highways and public ways in the City of Gardner, Kansas, is a matter affecting the health, safety and general welfare of the citizens of Gardner, 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 blighting influence upon the area in which they are located thereby 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.
E. That adequate enforcement of local traffic requires this City to adopt an ordinance relating to the removal and disposal of abandoned or inoperable motor vehicles.
F. That the Governing Body of the City of Gardner is desirous of promoting the efficient regulation of traffic and motor vehicles within the City. (Ord. 1590 § 1. Code 1990 § 14-401)
10.20.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section.
A. “Motor vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street, alley, highway or other public way except vehicles used exclusively upon stationary rails or tracks.
B. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Where the word “street” is used in this chapter, it shall mean street, avenue, boulevard, thoroughfare, alley, and other public way for vehicular travel by whatever name, unless the context clearly indicates otherwise.
C. “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.
D. “Abandoned motor vehicle” means any unoccupied motor vehicle which has been:
1. Placed, parked, stopped, or standing upon private or public property, other than a highway or public parking lot, without the consent of any person having a present possessory interest in said private or public property.
2. Placed, parked, stopped, or standing on any highway, or public parking lot for a period of 72 consecutive hours.
3. Placed, parked, stopped, or standing in violation of Article 13, Section 84 of the Standard Traffic Ordinance. (Ord. 1590 § 1. Code 1990 § 14-402)
10.20.030 Presumptions.
Any one of the following conditions shall raise the presumption that a vehicle is inoperable or abandoned:
A. Absence of an effective registration plate upon said 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. (Code 1990 § 14-403)
10.20.040 Prohibitions.
Except as provided in GMC 10.20.050 and 10.20.060, it is unlawful for any person, partnership, corporation, or their agent either as owner, lessee, tenant or occupant of any lot of 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. (Ord. 1590 § 1. Code 1990 § 14-404)
10.20.050 Temporarily disabled vehicle.
The provisions of GMC 10.20.040 shall not apply to any person, partnership or corporation or their agent with one vehicle inoperable for a period of 72 hours or less, unless such vehicle is on private property, then see Chapters 8.90 and 8.100 GMC. (Ord. 2366 § 6; Ord. 1590 § 1. Code 1990 § 14-405)
10.20.060 Screening.
Repealed by Ord. 2366. (Ord. 1590 § 1. Code 1990 § 14-406)
10.20.070 Removal of abandoned motor vehicles.
Whenever any person shall abandon a motor vehicle, as defined in GMC 10.20.020(D), for a period in excess of 72 hours, the Police Department, or its designated agent, may remove the motor vehicle from such highway or other property open for use by public and place or store the same in a suitable and convenient place; provided, however, before said vehicle is removed, the Police Department shall make a reasonable effort to determine and contact the owner(s) of the vehicle. Any owner contacted shall be requested to remove the vehicle forthwith. (Ord. 1590 § 1. Code 1990 § 14-407)
10.20.080 Notice to owner and lienholder.
If such motor vehicle has displayed thereon a registration plate issued by the Division of Motor Vehicles of the State of Kansas and has been registered with said division, the Police Department shall mail notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state, stating that if the owner or lienholder does not claim such vehicle and pay the removal and storage charges incurred by such Police Department on mailing of the notice, that the same will be sold at public auction to the highest bidder for cash. The Police Department shall use reasonable diligence in determining the title owner or, if a nontitle state, the registered owner of the vehicle and shall inquire by mail of the office of the Kansas Secretary of State, if registered in this state, as to whether there are any lienholders of record. (Ord. 1590 § 1. Code 1990 § 14-408)
10.20.090 Publication notice.
After 15 days from the date of mailing notice, if the abandoned motor vehicle is more than four model years of age or after 30 days from the date of mailing notice, if the abandoned motor vehicle is four model years of age or less, the Police Department, or its designated agent, shall publish a notice for two consecutive weeks in the newspaper of general circulation in the county where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by make, model, and serial number, if known, and stating that the same has been impounded by said Police Department and that the same will be sold at public auction to the highest bidder for cash if the owner thereof does not claim the same within 10 days from the date of the second publication of the notice and pay the removal charges, storage charges, and publication costs incurred by said public agency. If such motor vehicle does not display a registration plate issued by the Division of Vehicles of the State of Kansas and is not registered with said division, the Police Department, or its designated agent, after 15 days from the date of abandonment, may publish a notice in a newspaper of general circulation in the county where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle, make, color, and serial number and shall state that the same has been impounded by said Police Department and will be sold at auction to the highest bidder for cash, if the owner involved does not claim the same within 10 days of the date of the second publication of the notice and pay the removal and storage charges incurred by the Police Department. (Ord. 1590 § 1. Code 1990 § 14-409)
10.20.100 Sale of vehicle at public auction.
Whenever the Police Department, or its designated agent, shall have complied with the foregoing provisions of this chapter with respect to any such abandoned motor vehicle and the owner thereof does not claim the same within the time stated in the notice and pay the removal charges, storage charges, and publication costs incurred by the Police Department on such motor vehicles, said Police Department, or its designated agent, may sell the motor vehicle at public auction to the highest bidder for cash. The sale of any motor vehicle pursuant to this chapter shall be deemed a sale at retail within this state, but the responsibility for obtaining a certificate of approval for such vehicle, prior to its registration in this state, shall be upon the purchaser. Costs and expenses of the sale of the vehicle at public auction shall be deducted from the sale price. (Ord. 1590 § 1. Code 1990 § 14-410)
10.20.110 Issuance of title – Disposition of proceeds of public sale.
After any sale pursuant to this chapter, said Police Department, or its designated agent, may file proof thereof with the Division of Vehicles of the State of Kansas and thereupon said division shall issue a certificate of title to the purchaser of such motor vehicle. All monies derived from the sale of motor vehicles pursuant to this section, after payment of the expenses of the sale, shall be paid into the special highway fund of the City to be used for the construction and maintenance of City streets. (Ord. 1590 § 1. Code 1990 § 14-411)
10.20.120 Penalty provisions.
Any person who shall abandon and leave any vehicle in violation of this chapter shall be guilty of criminal trespass, as defined by Article 6.7 of the Uniform Public Offense Code and, upon request of the owner or occupant of such real property, the Police Department, or its designated agent, may remove and dispose of such vehicle in the manner provided in GMC 10.20.070 except that the provisions of GMC 10.20.070 requiring that a motor vehicle be abandoned for a period of time in excess of 72 hours prior to its removal shall not be applicable to abandoned vehicles which are subject to the provisions of this section. Any person removing such vehicle from the real property at the request of such Police Department shall have a possessory lien on such vehicle for the costs incurred in removing, towing, and storing such vehicle. Each day of violation constitutes a separate violation of this chapter. The Police Department, or its designated agent, shall, at its option, be entitled to receive direct reimbursement of its actual storage costs or to allow any person removing such vehicle to recover any such costs. (Ord. 1590 § 1. Code 1990 § 14-412)