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HomeMy WebLinkAbout1974-03 01-21 CCO I CITY OF BROOKLYN CENTER ORDINANCE NO. 74 -3 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF ABANDONED MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 19 of the City ordinances is hereby amended by the repeal of the following: [Section 19 -1001. DEFINITIONS: (a) Vehicle. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a roadway, except devices moved by human power or used exclusively upon stationary rails or tracks. Person. on. Person means every natural person, partnership, joint venture or corporation. (c) Owner. "Owner" means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an • agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. (d) Right of Way. "Right of way" means the entire area of the land owned by the State of Minnesota, County of Hennepin or Village of Brooklyn Center and used or held for vehicular or pedestrian traffic.] [Section 19 -1002. NUISANCE. The following conditions are declared to be public nuisances. (a) A vehicle abandoned upon any public right of way within the Village of Brooklyn Center, Minnesota. (b) The following shall be prima facie evidence of abandonment, but shall not be the exclusive methods of proving abandonment: • (1) The presence of a vehicle upon the public right of way for a period of 48 hours after the owner has received notice of the vehicle's location. I ORDINANCE NO. 74 -3 • (2) The presence of a vehicle upon the public right of way for a period of 96 hours in a stationary condition and unattended. (3) The presence of a dismantled vehicle upon the public right of way.] [Section 19 -1003. REMOVAL. The Chief of Police or any member of his department shall have removed any vehicle abandoned upon the public right of way and shall cause it to be impounded.] [Section 19 -1004. IMPOUNDMENT AND DISPOSAL. When any vehicle has been removed and impounded as provided in the preceding section it shall be disposed of according to the provisions of Chapter 2 of the Ordinances of the City of Brooklyn Center.] [ Section 19 -1005. PENALTY. It shall be unlawful for any person to abandon any vehicle upon a public right of way within the City of Brooklyn Center and upon conviction of such offense shall be punishable by a fine of not more than Three Hundred ($300) Dollars and by imprisonment not to exceed ninety (90) days.] • Section 2: Chapter 19 of the City Ordinances is hereby amended by the addition of the following: Section 19 -1001. PURPOSE. Abandoned motor vehicles constitute a hazard to the health and welfare of the people in that such vehicles can harbor noxious diseases, furnish shelter and breedina places for vermin, and present physical dangers to the safety and well beina of children and other citizens. Abandoned motor vehicles also constitute a bliaht on the landscape of the City, and, therefore, a detriment to the environment. It is, therefore, in the public interest that accumu- lation of abandoned motor vehicles be eliminated and that abandonment of motor vehicles be prevented. Section 19 -1002. DEFINITIONS. 1. Motor Vehicle. "Motor Vehicle" means every device designed to be self - propelled in, upon or by which any person or property is trans- ported upon a street or highway. 2. Person. Person means every natural person, partnership, Joint venture or corporation. 3. Right of Way. "Right of way" means the entire area of land owned or controlled by government jurisdictions and used or held for vehicular or pedestrian traffic. ORDINANCE NO. 74 -3 Section 19 -1003. NUISANCE DECLARED. A motor vehicle abandoned upon any public right of way or private property within the City of Brooklyn Center is hereby declared to be a public nuisance. The following shall constitute prima facie evidence of abandonment , but shall of b t h n exclusive criteria of abandon - e the e xc 1 ment• _ .. 1. The stationary presence of a motor vehicle upon the public right of way for a period of more than 48 hours. 2. The stationary presence of a motor vehicle upon private property for a period of more than 48 hours without the consent of the person in control of the property. 3. The presence upon the public riaht of way of a dismantled motor vehicle or a motor vehicle lacking vital component parts essential to the mechanical functioning of the vehicle. Section 19 -1004. REMOVAL, IMPOUNDMENT AND DISPOSAL. Representa- tives of the City of Brooklyn Center are authorized to remove abandoned motor vehicles and impound and dispose of them according to the provisions of Chapter 2 of the Ordinances of the City of Brooklyn Center. • Section 19 -1005. PENALTY. It shall be unlawful for any person to abandon a motor vehicle on any public or private Property upon conviction of such an offense a person shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety (90) days, or both. Section 3: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 21st day of Tanuary 19 . t r' Mayor .ter ATTEST: Clerk Published in the official newspaper December 13, 1 973 Effective Date Tanuary 21, 1974 • [Brackets indicate matter to be deleted, underline indicates new matter.]