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HomeMy WebLinkAbout195 Junk-Storage & Removal ORDINANCE NO. AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, A MUNICIPAL CORPORATION, . DEFINING JUNK AND RE- QUIRING STORAGE OF SAME; ALSO PROHIBITING THE ABANDONMENT OF PARTIALLY DISMANTLED, WRECKED, JUNKED OR DERELICT VEHICLES; PROVIDING PROCEDURES FOR ENFORCEMENT OF SAME AND FURTHER PROVIDING FOR PENALTY FOR VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYR- HILLS, AS FOLLOWS : SECTION 1: Junk, defined . Junk is, hereby, defined as old iron, glass, paper, waste, used bricks or cement blocks, or parts thereof; parts of broke furniture, nonserviceable or discarded motor vehicles of all types and character, either in whole or in part; tin cans of all kinds and sizes; bottles of all kinds and sizes, whether made of glass or other substance, oil and grease cans and drum; broken or discarded articles of metal of all kinds; boards, lumber and boxes of all kinds, whether made of wood or other materials; discarded iceboxes, refrigerators, and all other items and articles which may be termed as junk. SECTION 2: Storage of junk, generally. It shall be unlawful and a violation of this Ordinance . for any person, including the officers of any corporation, to keep or store junk as defined in Section 1 in the City, unless such junk is kept or stored in a substantial approved building in such manner and under such conditions that the keeping or storage of such junk shall not constitute a menace to the public health, safety and general welfare of the inhabitants of the City and thereby become a nuisance. SECTION 3: Abandonment of partially dismantled, wrecked junked or derelict vehicles . It shall be unlawful for any person, firm, association, corporation, or legal entity of any typei. having possession, ownership of both possession and ownership of any motor vehicle to keep, dump, store, abandon, place or maintain any partially dismantled, wrecked, junked, or derelict vehicles on any street, highway, public right of way, other public place, or upon any property located within the corporate limits of the City of Zephyrhills, for longer than 72 hours, unless: • (a . ) the same shall be within an enclosed building, upon such property, or (b. ) • shall be upon the premises of a business enterpri e lawfully situate and licensed, when necessary to the operation of such business enterprise, when said premises shall be en- closed in a sight-proof fence of at least six foot in height, or (c. ) in storage places maintained by the City as a de- pository for such vehicles . SECTION 4: Seizure, impounding and storage of vehicles bicycles or other personal property. The Police Department shall seize, impound and store an vehicle, bicycle, or other personal property when the same: (a. ) Appears to. be abandoned on any street, highway, public right of way, or other public place of the City, or (b. ) is stolen property and the owner cannot be prompt y found who claims the same, or . • (c. ) is illegally parked on any street or highway, other than a parking meter or overtime violation in a designated parking gr`e9, 2. (d. ) is parked on the streets at night in violation of the Ordinances of the City, or (e. ) is a derelict or junk vehicle on any property except where authorized by the provisions of Section 3 of this Ordinan e . That said vehicles, bicycles or other personal property shall be disposed of as provided by law. SECTION 5. Penalties . Any person violating this Ordinance, upon conviction in the Municipal Court, shall pay a fine of not more than $500.00, or be sentenced to serve not more than 90 days in the City Jail, or both such fine and jail sentence, in the discretion of the Municipal Judge. The foregoing Ordinance No . / was read and passed on its first reading by the City Council of the City of Zephyr- ! ✓hills, Florida, on the � day of Zephyr- ' e , 1970. President"o City 4uncil �� Attest: Clerk The foregoing Ordinance No. / 7 was read and passed on its second reading by the City Council of the City of Zephyr- hills, Florida, on the day of ✓ 1970. �s �tPresident of City Council Attest: ity Clerk 3. The foregoing Ordinance No. / was read and passed on its third reading by the City Council of the City of Zephyrhills, Florida, on the 6 day of pye"' 1970. • V J / P/resident ova City ouncil/ Attest: ity Clerk c� r The foregoing Ordinance No . / approved by me Al 1 this /' day of / Vo`'er'' b er 1970. Mayor 4. THIS IS TO CERTIFY THAT ORDINANCE NO. 195 HAS BEEN POSTED IN TWO PUBLIC PLACES, NAMELY, THE CITY HALL AN D U. S. POST OFFICE FOR A PERIOD OF FIFTEEN DAYS. THE ORDINANCE WAS POSTED IN THE CITY HALL AND U. S. POST OFFICE ON A. riI *Wx 29 , 19_1 AND REMAINED POSTED IN 'SAID CITY HALL AND U. S. POST OFFICE UNTIL May 17 , L9 j . . T L RK ZEPHYRHILLS. FLORIDA. TO: Chief Eiland ROM: Thomas P. McAlvanah, Esquire DATE: August 2, 1.990 SUBJECT: Letter of Opinion on Ordinance Number 195 Wrecked or Dismantled Autos Pursuant to your request, I have had an opportunity t review Ordinance Number 195, in particular Section 3 thereof concerning dismantled, wrecked, junked or derelict automobiles The purpose of this Ordinance is to maintain a certain aesthetic standard in the community and therefore, should be construed 'accordingly. I believe the Ordinance is very broad and gives the pity the authority to insist on removal of automobiles which are either partially dismantled, wrecked, junked or derelict . think it is important that the City define each of the fou (categories of automobiles that are prohibited to remain upon ublic or private property. 1 . Partially Dismantled Vehicle. A dismantled vehicle is one that has been intentionally "taken apart" . The inclusion of the word "partially" before dismantled has been done for a particular purpose. It is my opinion that the use of the term is designed to define a vehicle which has had an integral part or parts removed which therefore, renders the vehicle inoperable)I. According to this definition, vehicles that are up on blocks dr sitting inoperable because of the absence of some necessary component in the propulsion system or the removal of a part which would be necessary to legally allow the vehicle to drive on the public highways are prohibited. i 2 . Wrecked Vehicle. It is my opinion that a wrecked vehicle as one •that has been rendered inoperable because it has sustained damage from collision with either a stationary or movable object. 3 . Junked Vehicle. It is my opinion that a junked vehic .e is one that is in the process of being stripped or cannibalized for parts with the intent that the vehicle shall not beco e operable in the future . 4 . Derelict Vehicle. The term derelict is synonymous with abandoned. Therefore, a vehicle which has been left or abandoned by it.s owner with the intent that the owner not resume possession thereof, should be considered !a derelict vehicle under this Ordinance . es Page two emo Chief Eiland It is my opinion that if any particular vehicle fails within any one of the four ( 4 ) defined categories and remains on public or private property within the City in excess of. the 72 hours permitted, then the City is in a position to insist on its removal as a nuisance or to issue ; a citation as a violation of trie Ordinance . Of course there are three ( 3 ) exceptions to this rule , the most obvious being that any partially dismantled, ecked, junked or derelict vehicle may be housed in an enclosed structure and therefore be exempt from the Ordinance.