Chapter 9.30
JUNKED MOTOR VEHICLES
Sections:
9.30.040 Investigation of premises.
9.30.060 Citations and penalties.
9.30.010 Definitions.
In this chapter, unless the context otherwise requires:
“Inoperable vehicle” means any vehicle that is not in working condition as designed, or is incapable of being operated lawfully. For example, without limiting the meaning of the term, a motor vehicle designed to be operated upon the public streets shall be deemed inoperative if a tag with a current registration (also known as a license plate) of a kind required under Arizona law as a condition of operation upon the public streets is not affixed thereto, or if the vehicle is not insured as required by law, or if one or more parts which are legally required for the operation of the vehicle are missing or not attached to the vehicle as designed; provided, however, that the following shall not be considered inoperable:
A. A motor vehicle not in working condition or incapable of being operated lawfully kept on residentially zoned property or the property of a residential use for not more than 30 days, unless kept in a garage or under a carport.
B. A motor vehicle not in working condition or incapable of being operated lawfully, kept in a garage or under a carport.
C. A motor vehicle not in working condition or incapable of being operated lawfully on residentially zoned property or the property of a residential use as long as said vehicle is covered by a cover designed and manufactured to cover said vehicle and said cover is maintained in a clean and reasonable manner.
D. A motor vehicle not in working condition or incapable of being operated lawfully kept upon nonresidential property where the owner or tenant is authorized by the town for the service or storage of motor vehicles.
E. Only one such vehicle, which meets the above exceptions, excluding nonresidential properties licensed for the service or storage of motor vehicles, may be permitted per address or property.
“Junked vehicle” means any vehicle, including any motor vehicle and any other device in, upon or by which a person or property may be transported or drawn on a street, including but not limited to trailers and camper shells, but excluding devices moved by human power, that exhibits one or more of the following conditions: wrecked, partially or fully dismantled, abandoned, stripped, inoperative, inoperable, scrapped, or unable to be safely operated.
“Motor vehicle” means any motor or sheltering vehicle which can be used for towing, transporting or sheltering people or materials, including but not limited to automobiles, trucks, buses, motor homes, mobile homes, recreational vehicles, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles.
“Motor vehicle accessories” means any part or parts of any motor vehicle.
“Person” includes any individual, firm, partnership or corporation.
“Private property” means any real property not owned by the federal government, state, county, city, town, school board or other public subdivision.
“Removal” means the physical relocation of a motor vehicle to an authorized location. (Ord. 19-12 § 1, 2019; Ord. 17-02 § 1, 2017; Ord. 97-005, 1997; prior code § 11-1-26(A))
9.30.020 Prohibited storage.
It is unlawful for any person owning or having custody of any junked or inoperable motor vehicle or motor vehicle accessories to store or permit any such vehicle or accessories to remain on any private property within the town for a period of more than 30 days after the receipt of a notice requiring such removal, and it shall be further unlawful for any person owning any private property in the town to store or to permit to remain any such vehicles or accessories on his property for more than a like period. Such storage is declared to be a public nuisance and may be abated or removed and penalties imposed as provided in this chapter. This shall also include any and all vehicles not currently registered by the state of Arizona and parked or stored on any streets, alleys or city easements.
It is unlawful for any person, after notification to remove any junked motor vehicle or motor vehicle accessories from any private property has been given, to move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property for purposes of storage. (Ord. 19-12 § 2, 2019; Ord. 97-005, 1997; prior code § 11-1-26(B))
9.30.030 Permitted storage.
This chapter shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building, or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall include auto junk yards, auto repair and auto body shops, but shall not include automobile service stations or tire, battery and accessory sales stores. (Ord. 97-005, 1997; prior code § 11-1-26(C))
9.30.040 Investigation of premises.
The police department on routine inspection or upon receipt of a complaint may investigate a suspected junked motor vehicle or motor vehicle accessories and record the make, model, style and identification numbers and its situation. (Ord. 97-005, 1997; prior code § 11-1-26(D))
9.30.050 Notice of removal.
Whenever the police chief or any member of his department finds or is notified that any junked motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property within the town, the police department shall send by certified mail a notice to the owner of record of such motor vehicle or accessories, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property, as shown on the tax assessment records of the town, on which the same is located to remove the junked motor vehicle or motor vehicle accessories within 30 days. Such notice shall also contain the following additional information:
A. Nature of complaint;
B. Description and location of the motor vehicle or motor vehicle accessories;
C. Statement that the motor vehicle or motor vehicle accessories will be removed from the premises no later than 30 days from the date of notification;
D. Statement that removal from the location specified in the notification to another location upon which such storage is not permitted is prohibited and shall subject the person to additional penalties;
E. Statement that if removal is made within the time limits specified, notification shall be given in writing to the building inspector;
F. Statement of the penalties provided for noncompliance with such notice. (Ord. 01-015 § 8, 2001; Ord. 97-005, 1997; prior code § 11-1-26(E))
9.30.060 Citations and penalties.
In addition to the various removal and abatement provisions contained in this chapter, as well as any other remedies allowed at law, citations for civil and criminal violations of this chapter may be filed in the Huachuca City magistrate court by the police department or the town attorney. The first offense: $150.00 fine per vehicle; second offense: $300.00 fine per vehicle; third and subsequent offenses: criminal class 1 misdemeanor per vehicle, punishable as determined by the court, not to exceed $2,500 fine, six months in jail and three years’ probation. (Ord. 19-12 § 3, 2019)