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)      Serve as a breeding ground for flies, mosquitos, 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; and

(f)      Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(Code 2001; Ord. 993)

As used in this article, unless the context clearly indicates otherwise:

(a)      Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

(b)     Vehicle means, without limitation, any automobile, truck, tractor, recreational vehicle or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(Code 2001; Ord. 993)

It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city. 

(a)      A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition.  Any of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:

(1)          Absence of a current registration plate upon the vehicle;

(2)          Placement of the vehicle or parts thereof upon jacks, blocks or other supports;

(3)          Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(b)     The provisions of this section shall not apply to:

(1)          Any motor vehicle which is enclosed in a garage or other building;

(2)          To the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or

(3)          To any person 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 and to prohibit ready access to stored vehicles by children.  However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.

(Code 2001; Ord. 993)

(a)      Disposition of any motor vehicle removed and abated from private property pursuant to this chapter shall be as provided by K.S.A. 8-1102, as amended.

(b)     Any person attempting to recover a motor vehicle as provided in this article, shall show proof of valid registration and ownership of the motor vehicle before the motor vehicle shall be released.  In addition, the person desiring the release of the motor vehicle shall pay all reasonable costs associated with the impoundment of the motor vehicle, including transportation and storage fees, prior to the release of the motor vehicle.

(Code 2001; Ord. 993)

Except as expressly provided in this article, the Code Enforcement Officer or any law enforcement officer of the city shall enforce this article in accordance with the provisions and procedures described in Sections 8-101 through 8-111.

(Code 2001; Ord. 993)