HomeMy WebLinkAbout2988 Abandoned Vehicles Repealing AMC 11.32
ORDINANCE NO, ;;'Q8g
AN ORDINANCE RELATING TO ABANDONED VEHICLES AND REPEALING
CHAPTER 11.32
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold' ... <L .L and additions are bold underlined.
WHEREAS, the City would like to better define the term abandoned vehicle; and
WHEREAS, the City would like to adopt the process for custody, removal, and
disposal of abandoned vehicles provided by state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. New sections 11.32,010 [Definitions] through 11.32.050 [Notice and
Towing of Abandoned Vehicles] are hereby added to replace repealed Chapter
11.32 and those new sections read as follows:
11.32 Abandoned Vehicles
11.32.010 Definitions
A. "Abandoned vehicle" means any vehicle that has been deserted or
relinquished without claim of ownership. A vehicle shall be considered
abandoned if it has remained in the same location for more than 72
hours and one or more of the followinQ conditions exist:
1) The vehicle has an expired reQistration sticker or trip permit affixed
to it:
2) The vehicle appears to be inoperative or disabled; or
3) The vehicle appears to be wrecked, partially dismantled or iunked.
B. "Chief of police" means the person holdinQ the position of chief of
police of the Ashland police department, or any aQent, employee, or
desiQnee authorized to perform the duties of this chapter by the chief of
police,
C. "Discarded" vehicle means any vehicle or part thereof which is in one
or more of the followinQ conditions:
1) Inoperative:
2) Wrecked:
3) Dismantled;
4) Partially dismantled;
5) Junked.
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Discarded vehicles may be deemed to include maior parts of vehicles
includinq but not limited to bodies, enqines, transmissions and rear
ends.
D, "Vehicle" means every device in. upon, or by which any person or
property is or may be transported or drawn upon any street or hiQhway.
and includes any hulk or component thereof.
11.32.020 Declaration of Public Nuisance.
The open accumulation and storaqe of abandoned or discarded vehicles
are hereby found to create a condition tendinQ to reduce the value of
private property. to promote bliQht. deterioration and unsiqhtliness, to
create fire hazards. to constitute an attractive nuisance creatinQ a hazard
to the health and safety of minors, to create a harboraqe for rodents and
insects and to be iniurious to the health, safety and qeneral welfare.
Therefore. the presence of an abandoned or discarded vehicle on private
or public property is hereby declared to constitute a public nuisance which
may be abated in accordance with the provisions of this chapter.
11.32.030 Prohibited Action.
It is unlawful to park, store, leave, or permit the parkinQ or storinq of an
abandoned or discarded vehicle upon any public or private property within
the city for a period of time in excess of seventy-two (72) hours unless the
vehicle is (1) completely enclosed within a buildinq; or (2) stored in
connection with a business enterprise allowinq outdoor storaqe and
lawfully licensed by the City.
11.32.040 Penalty.
Violation of this chapter is punishable in accordance with AMC 1.08.020.
11.32.050 Notice and Towinq of Abandoned Vehicles.
If the owner of the vehicle. private properly owner. or lessee of property
upon which the vehicle is located is not removed after notice is provided
as required in ORS 819.170. then the vehicle shall be towed and disposed
of in accordance with ORS 819.110 throuqh ORS 819.270. The Chief of
Police may desiQnate an employee, aqeni, or officer to perform the duties
required under this chapter and the applicable provisions of state law.
SECTION 2, Repeal. Ashland Municipal Code Chapter 11.32 [Abandoned
Vehicles] is hereby repealed in its entirety, Any municipal code provisions in conflict
with the provisions contained herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable, The invalidity of one section, subsection, paragraph,
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or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 4, SavinQs. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced a[1d continued under the laws in
effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 2-5) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors,
The foregoing ordinance was first read b1~ only in accer
Section 2(C) of the City Charter on the day of >
and dul ASSED and ADOPTED this ..:1;/ day of
t!k~
ance with Article X,
,2009
,2009
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this Z--2-day Of~' 2009.
Reviewed as to form:
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