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Home My WebLink About1974-03 12-13-73 AP CITY OF BOOOKLYN CENTER ORDINANCE NO. -- AN ORDINANCE PROVIDING FOR THE ABATEMENT OF ABAN- DONED MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES *3 ORDAIN AS FOLLOWS: 1: Cha pter 19 Se THE BROOKLYN CENTER POST Se 19 of the City ordinances is hereby amended by the (A continuation of the Brooklyn Center Press) repeal of the following: (Section 19 -1001. DEFINITIONS: (a) "Vehicle" means every d AFFIDAVIT OF PUBLICATION 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. STATE OF MINNESOTA (b)Person. "Person" means every SS. natural person, partnership, joint COUNTY OF HENNEPIN 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 E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of stated in the agreement and with The Post Publishing Co., publisher and printer of the newspaper known as an immediate right of possession vested in the conditional vendee or THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press) lessee, or in the event a mortgagor and has full knowledge of the facts herein stated as follows: of a vehicle is entitled to (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent possession, then such conditional in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each vendee or lessee or mortgagor week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest To the community shall be deemed the owner for the which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, purpose of this chapter. plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports (d)Right of Way. "Right of way" to serve, has at least 500 copies regularly delivered To paying subscribers, has an average of at least 75 percent of its means the entire area of the land Total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its owned by the State of Minnesota, local post- office. (5) Said newspaper purports to serve the County of Hennepin or Village of Brooklyn Center and used or held CITY OF BROOKLYN CENTER for vehicular or pedestrian traf- fic.) in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open (Section 19 -1002. NUISANCE. The during its regular business hours for The gathering of news, sale of advertisements and sale of subscriptions and following conditions are declared to be maintained by the managing officer of said newspaper or persons in its employ and subject To his direction and control public nuisances. during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each (a)A vehicle abandoned upon any pub- issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions lic right of way within the Village for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with of Brooklyn Center, Minnesota. the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form (b) The following shall be prima facia prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn To before a evidence of abandonment, but shall notary public stating That the newspaper is a legal newspaper. not be the exclusive methods of - -_ proving abandonment 1) The presence ofavehicle upon He further states on oath that the printed.�_...�..5. �.:..el G. b. t....i.. . .................... . the public right of way for a ` period of 48 hours after the owner has received notice of ...:...'.v..;•c,. . ..!....' .. ............................................ ............................... the vehicle's locatiorv.. (2) The presence of a vehicle upon the public right of way for a hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in period of 96 hours in a sta _. -- Iionary condition and unat tended. The English language, once each week, for. .... successive weeks; that it was first so published on (31 The presence of a dismantled ve- _. / 1 hicle upon the public right o-f ,� t P 1 fi way) the. s. 1..... day of...! . �.`..4........... 19!' -! . and was thereafter printed and published on every ..................... (Section 19 -1003. REMOVAL. The Chief of Police or any member of his department shall have removed any to and including the.......... day of ........ ................ 19 ...... and that The following is a printed copy of the vehicle abandoned upon the public right of way and shall cause it to be impounded.) lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in (Section 19 -1004. IMPOUNDMENT AND DISPOSAL When any vehicle has be�n removed and impounded as The composition and publication of said notice, to wit: providbd in the preceding section it shall be disposed of according to the provisions of Chapter 2 of the Or- abcdef hi'klmno dinances of the City of Brooklyn 9 I pgrstuvwxyz -5 iz pt. Sans Center.) (Section 19 -1005. PENALTY. It shall be unlawful for anv 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 punisnable by a fine of not more than Three Hundred ($300) Dollars and by imprisonment not to exceed . r ninety (90) days.) Section 2: Chapter 19 of the City Ordinances is hereby amended by the Subscribed and sworn To before addition of the following: Section 19 -1001. PURPOSE. �•' ,f Abandoned motor vehicles constitute a me this... .. ...... .....day of... ?.! (�� t..:.... hazard to the health and welfare of the j people in that such vehicles can harbor r noxious diseases, furnish shelter and .. . �74ti..:L<;! -:� -.. f.... �'' t="`.: y . ................ ............................... breeding places for vermin, and present physical dangers to the safety '✓ d and well being of children and other (NOTARIAL SEAL) citizens. Abandoned motor vehicles also constitute a blight on the land- scape of the City, and, therefore, a Notary Public ................ . ............County, Minnesota detriment to the environment. It is, !` therefore, in the public interest that accumulation of abandoned motor My Commission Expires ....... ......................19...... vehicles be eliminated and that abandonment of motor vehicles be prevented. d.. 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 tran- sported upon a street or highway. 2. Person. "Person" means every natural person, partnership, joint venture or corporation. 3. Right of Way. "Right of way" Nu. means the entire area of the land " " " " " " " " owned or controlled by government Affidavit of Publication jurisdictions and used or held for vehicular or pedestrian traffic.) Section 19 -1003. NUISANCE O p, 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 ubl' ispncq. The followi shall ^tensWtfNerTmi• facia fll)t - videnoe of abandogment, but shall .too b a of i. The stationary preseti& 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 Published III vehicle upon private property for a period more than without THE BROOKLYN CENTER POST the consent of the e person in on in Control of the property. 3. The presence upon the public right 5617 Corvallis Ave. N. of way of a dismantled motor vehicle or a motor vehicle lacking MINNEAPOLIS, MINNESOTA 55429 vital component parts essential to the mechanical functioning of the vehicle. Section 19 -1004. REMOVAL, IM- DATE OF PUBLICATION POUNDMENT AND DISPOSAL. Representatives of the City of Brooklyn Center are authorized to remove abandoned motor vehicles and impound and dispose of them ac- cording to the provisions of Chapter 2 of the Ordinances of the City of Brooklyn Center. Section 19 -1005. PENALTY. It shall ATTORNEY be unlawful for any person to abandon a motor vehicle on any public or private property and 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 FILED legal publication Adopted this day of .. . 19 Mayor ATTEST Clerk Published in the official newspaper THE BROOKLYN CENTER POST Effective Date Parentheses indicate matter to be deleted, boldface indicates new 11 matter.) (Published in The Brooklyn Center Post December 13, 1973.)