The provisions of K.S.A. 8-1101 and K.S.A. 8-1102 are incorporated by reference with relation to the removal of abandoned vehicles, providing for the removal thereof, notice, sale of property and disposition of funds.
For the purposes of this chapter the following words shall mean:
(a) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed.
(b) Vehicle means any automobile, truck, tractor, aircraft, or motorcycle or other motorized vehicle, which, as originally built, contained an engine or designed to contain an engine, regardless of whether it contains an engine at any time.
(c) Demolition Derby Vehicle means any motor vehicle which has been specifically modified for demolition derby competition, and which has been registered as provided herein.
Except as provided in Sections 4-505, 4-506, and 4-507, it shall be unlawful for any person, partnership, corporation, or their agent either as owner, lessee, tenant or occupant of any lot or land within the city to possess, store or park, or permit to be possessed, stored, or parked thereon, an inoperable vehicle unless it is enclosed in a garage or other building.
It shall be a violation of this article to deny an enforcing officer or an authorized representative the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a violation of this article exists.
The provisions of Section 4-503 shall not apply to any person, partnership or corporation or their agent with one (1) inoperable vehicle for a period of thirty (30) consecutive days or less.
The provisions of Section 4-503 shall not apply to any person, firm, corporation or their agent who is conducting a business enterprise in compliance with existing zoning regulations and who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public using the streets and sidewalks and to prohibit ready access to such vehicles by children, and who is not maintaining a ‘Salvage Yard’ as defined in the Zoning Regulations, provided that nothing in this section shall authorize the maintenance of a public nuisance.
(Ord. 2711; Ord. 2929)
The provisions of Section 4-503 shall not apply to any person, partnership, or corporation with respect to demolition derby vehicles, between June 1 and September 15, subject to the following:
(a) There shall not be more than two (2) demolition derby vehicles located on a tract at a time.
(b) Demolition derby vehicles shall be registered at the office of the City Clerk without charge.
(c) Demolition derby vehicles shall not be operated within the City between the hours of 10:00 p.m. and 8:00 a.m., unless the engine is properly muffled or the vehicle is participating in a demolition derby competition event.
Any one of the following conditions shall raise the presumption that a vehicle is inoperable:
(a) Absence of an effective registration plate upon such vehicle support
(b) Placement of the vehicle or parts thereof, upon jacks, blocks, chains or other
(c) Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways
Any inoperable vehicle parked, stored or deposited in a manner other than that permitted under this Article is hereby declared a nuisance and may be abated from property other than public property or property open to use by the public under the same authority and procedure as set forth in Article 3 of this Chapter, as it now exists or may be amended. Disposition of any vehicle abated pursuant to this Article shall be in compliance with the procedures for impoundment, notice and public auction provided by K.S.A. 8-1102(a)(2), as amended.
(Ord. 2978; Ord. 3296)
(a) In addition to or as an alternative to the remedy of abatement as provided under this Article, any person in violation of this article may be prosecuted in municipal court and subject to:
(1) a fine of not less than $50 nor more than $500;
(2) a sentence of not more than six (6) months in jail;
(3) such other orders as the court deems just and consistent with the purpose and intent of this Article; or
(4) any combination thereof.
(b) Prosecution of any offender under this Article does not limit the City’s right to pursue assessment or collection of costs as stated in this Article, or by other laws.
(c) Each day that any violation shall continue shall constitute a separate offense.
(d) Any fines assessed under this Article shall be collected by the municipal court administration and paid over to the general fund, except for assessments of court costs.
(Ord. 2978; Ord. 3296)