ARTICLE VI. ABANDONED VEHICLES AND VEHICLES UNLAWFULLY PARKED ON LAWNS AND YARDS

20-155 Definitions.

As used in this article the following words shall have the meanings ascribed to them:

Lawn or yard: Any unoccupied and otherwise undesignated open space on a residential lot in a residential district. Lawn or yard shall not include a driveway. For purposes of this section "driveway" shall mean the portion of the property approved by the department of planning and zoning for vehicular egress and ingress.

Residential district: As defined in Burlington’s Zoning Ordinance.

Property: Any real property within the city which is not a street or highway.

Street or highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of the vehicular or pedestrian travel.

Vehicle: A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides, and transport persons or property, pull machinery or be pulled by machinery, and shall include, but not be limited to, automobiles, trucks, trailers, motorcycles, tractors and wagons.

(Ord. of 6-22-98)

20-156 Parking on lawns or yards in residential districts prohibited.

(a)    It shall be unlawful for any vehicle to be parked on any lawn or yard in any residential district within the city. It shall be unlawful for the owner of a motor vehicle to suffer, permit or authorize the use of such motor vehicle in violation of this section. The registered owner of any vehicle parked in violation of this section is deemed to have authorized the violation pursuant to section 20-58 herein.

(b)    No owner of any property in any residential district within the city shall permit, allow or authorize any vehicle to be parked on any lawn or yard on such property.

(c)    The prohibitions in subsections (a) and (b) shall not be in effect during a declared parking ban pursuant to section 20-56

(Ord. of 6-28-71; Ord. of 6-22-98)

20-157 Leaving dismantled, nonoperating or unregistered vehicles on streets prohibited.

(a)    No person shall leave any partially dismantled, nonoperating, wrecked, junked or unregistered vehicle on any street or highway within the city. An unregistered vehicle shall include any vehicle not displaying valid license plates or validating stickers issued by the Vermont Department of Motor Vehicles or by any other state.

(b)    No person in charge or in control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, discarded or unregistered vehicle to remain on such property longer than five (5) days; and no person shall leave any such vehicle on any property within the city for a longer time than five (5) days; except that this article shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when the presence of such vehicle is necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained by the city.

(Rev. Ords. 1962, §§ 4264, 5323; Ord. of 6-28-71; Reg. of 4-17-92; Reg. of 11-6-96)

20-158 Authority to remove vehicles.

The chief of police, or any person designated by him, is hereby authorized to remove or have removed any vehicles left at any place within the city which reasonably appear to be in violation of this article.

(Rev. Ords. 1962, § 5323; Ord. of 6-28-71)

20-159 Impoundment.

Any vehicles removed by the chief of police or his agent for violating this article shall be impounded until lawfully claimed by the owner thereof or disposed of in accordance with the law of finders of property if not claimed by the owner within thirty (30) days from the date of its impounding.

(Ord. of 6-28-71)

20-160 Impoundment costs.

The cost of impounding and storing any vehicle under this article shall be assessed against and be the responsibility of the person in charge or control of the property from which the vehicle was taken at the time of its impounding. The cost of impounding and storing any vehicle from the street under this article shall be assessed against the owner of the vehicle pursuant to Section 20-74.

(Ord. of 6-28-71; Reg. of 8-14-07, eff. 10-10-07)

20-161 Violation as public nuisance.

The violation of this article shall be regarded as a public nuisance and the city attorney is hereby expressly granted the authority to petition a court of chancery for whatever equitable relief is deemed necessary for the abatement of such a public nuisance.

(Ord. of 6-28-71)