The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:
(a) Serves as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
(b) Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;
(c) Are a ready source of fire and explosion;
(d) Encourage pilfering and theft;
(e) Constitute a blighting influence upon the area in which they are located;
(f) Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.
(Ord. 1386; Code 2021)
As used in this article, unless the context clearly indicates otherwise:
(a) Abandoned means left unattended on public right-of-way or other public property for at least 72 hours, or left on private property without the express or implied permission of the owner.
(b) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, or unable to perform the function for which it was originally constructed. Absence of a current registration plate upon the vehicle, placement of the vehicle or parts thereof upon jacks, blocks or other supports, or absence of one or more parts of the vehicle necessary for its lawful operation, shall raise the presumption that a vehicle is inoperable.
(c) Unattended means unoccupied and not owned by a property owner and/or resident of the area where the vehicle is parked.
(d) Vehicle means, without limitation, any automobile, truck, tractor, or motorcycle which is originally built containing an engine, regardless of whether it contains an engine at any other time.
(Ord. 1386; Code 2021)
No Person shall:
(a) Maintain, keep, or permit any inoperable vehicle within the City, except that this provision shall not apply to:
(1) Any motor vehicle which is enclosed in a garage or other building; or
(2) The parking or storage of a vehicle inoperable for a period of 30 consecutive days, or less; or
(3) Any person who places not more than three inoperable vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children, however, nothing in this paragraph shall be construed to authorize the maintenance of a public nuisance; or
(4) Any person conducting a business enterprise in compliance with existing zoning regulations, except that such person shall keep any inoperable vehicle(s) within a building or garage which may be secured during nonbusiness hours, or within a fenced enclosure of sufficient size and strength to prohibit ready access to such vehicle(s) by children and which may be secured during non-business hours. Nothing in this paragraph shall be construed to authorize the maintenance of a public nuisance or a junkyard; or
(5) One inoperable vehicle stored outside provided that it is covered with a suitable car cover that is not ripped tom or tattered and provided that the vehicle is parked on the side or back of the property; or
(b) Abandon a vehicle.
(Ord. 1386; Code 2021)
The Governing Body shall designate a public officer responsible for administration and enforcement of this Article as it relates to abandoned or inoperable vehicles on private or public property.
(Ord. 1386; Code 2021)
(a) The public officer shall make inquiry and inspection of private premises upon receiving a complaint that an inoperable vehicle nuisance exists and describing the same and where located. The public officer may also make inquiry and inspection when he or she observes that a vehicle appears to be inoperable but only if the officer can observe the vehicle from a public location. The public officer shall have the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a vehicle nuisance exists. Upon making any inquiry and inspection, the public officer shall make a written report of his or her findings to the governing body of the City.
(b) The public officer shall ascertain whether an inoperable vehicle observed on public right-of-way or other public property is unattended and shall make a written report of findings to the governing body of the City. If the vehicle is unattended, it shall be considered an abandoned vehicle and shall be abated as provided by Section 8-208. Upon determining that the vehicle is not unattended, the public officer or his or her authorized agent shall abate the nuisance according to the provisions of Section 8-207, unless the vehicle is located in a restricted parking area or other condition exists wherein immediate impoundment is authorized.
(Ord. 1386; Code 2021)
It shall be a violation of this article to deny the Public Officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.
(Ord. 1386; Code 2021)
This article shall be enforced using the procedures of the nuisance article, e.g., Sections 8-106-111.
(Ord. 1386; Code 2021)
The City shall abate abandoned vehicles according to the provisions of K.S.A. Supp. 8-1102, as amended, according to whether the vehicle is abandoned on public right-of-way or other public property, or on private property.
(Ord. 1386; K.S.A. 12-1617e; Code 2021)