Sections:
8.16.01 Definitions
8.16.02 Prohibiting non-operating vehicles
8.16.03 Exceptions
8.16.04 Keeping on public property prohibited
8.16.05 Keeping on private property, limited
8.16.06 Penalty for violation
8.16.07 Violations
8.16.08 Procedures when vehicle found on private property
8.16.09 Dealers excepted
8.16.10 Exception for vehicle being repaired or prepared for drag racing permit
8.16.11 Lien upon vehicle for cost
8.16.01 Definitions
Vehicle: Vehicle means a car, automobile, truck, bus, omnibus, tractor truck, trailer, RV, or other vehicle licensed to travel upon the roads of Arkansas, or subject to licensing for travel or intended as a carrier for goods and persons from point to point.
Non-operating Vehicle: A non-operating vehicle, for the purposes of this chapter, shall be interpreted to mean any vehicle that does not have current, valid Arkansas registration or license plates, or is not in proper condition to be legally operated on the streets of the city because of lack of or missing proper windshield glass, door glass, fenders, gauges, steering wheel, tie rods, springs, drive train, gear box, rear end, mufflers, tires, headlights or other mechanical defects.
Open Storage: Open storage, for the purpose of this chapter, shall be interpreted to include a carport which has at least two (2) open sides or visible from the street.
(Ord. No. 2019-08, Sec. 2)
Public Property: Public property, for the purpose of this chapter, shall be construed as any street, ally, right-of-way or property that is owned or under the control and supervision of the municipality.
Private Property: Private property, for the purpose of this chapter, shall be interpreted to mean any and all property that is not classified as public. (Ord. No. 2019-02)
8.16.02 Prohibiting non-operating vehicles. It is unlawful to have a non-operating vehicle in open storage
(Ord. No. 2019-08, Sec. 2)
8.16.03 Exceptions. Nothing in this chapter shall be construed so as to apply to:
A. Any vehicle that can be started and moved under its own power on demand;
B. Temporarily disabled motor vehicles provided they are restored to running condition within thirty (30) days from date of disablement. (Ord. No. 2019-02)
8.16.04 Keeping on public property prohibited. It shall be unlawful for any person, persons, firm, company or corporation to maintain, store or keep upon any public property, a junked, wrecked, inoperable, or unlicensed vehicle as defined in this chapter.
8.16.05 Keeping on private property, limited. It shall be unlawful for any reason for any person to keep, maintain or store, junked, wrecked, or unlicensed vehicles, as defined by this chapter, upon private property, in the open within the corporate limits of the city for a period of more than seven (7) days.
(Ord. No. 2019-02)
8.16.06 Penalty for violation. A violation of this chapter is hereby declared to be a misdemeanor and punishable by a fine of not less than One Hundred Dollars ($100.00) or by a jail sentence of one (1) to ten (10) days. Each day a non-operating vehicle is upon the premises of a person shall constitute a separate offense. (Ord. No. 2019-08, Sec. 2)
8.16.07 Violations. A person shall be deemed in violation of this chapter if:
A. Such person owns or has registered to him a non-operating vehicle that is in a prohibited area within the terms of this chapter; or
B. If the owner of the vehicle cannot be found, then such person that owns the real property on which the non-operating vehicles are placed, parked or found resting on/in a prohibited area within the terms of this chapter;
C. It shall be presumed that the record owner is the owner of property in question;
D. It shall be presumed that the registered owner of a vehicle is the owner of the vehicle.
(Ord. No. 2019-08, Sec. 2)
8.16.08 Procedures when vehicle found on private property. Whenever officers of the city observe any such non-operating vehicles as defined in this chapter, placed or stored in the open upon private property, they shall file a written report with the police department, setting forth the location of said vehicle, its make or model, the license number and the name of the owner, if known. The police department shall notify the owner in writing to remove the vehicle within forty-eight (48) hours in the event said vehicle is not removed, the police department is hereby authorized and directed to remove said vehicle and impound the same in accordance with the laws governing abandoned motor vehicles. In the event said motor vehicle obstructs the movement of traffic or constitutes a traffic hazard, the police department shall immediately remove said vehicle. The primary responsibility for the enforcement of this chapter is placed upon the police department. The responsibility for payment of towing and storage fees is placed upon the owner of the vehicle. (Ord. No. 2019-08, Sec. 2)
8.16.09 Dealers excepted. Nothing in this chapter is to be interpreted as preventing any licensed business dealing in any manner with any type of automobile from operating in a properly zoned area.
8.16.10 Exception for vehicle being repaired. It is further provided that nothing in this chapter is to be interpreted as preventing a person from keeping upon his private property one (1) such inoperable motor vehicle, as defined in this chapter, for the purpose of making repairs. In the situation mentioned above, the owner of said vehicle shall be permitted to obtain a permit from the police department or other designated persons allowing him to keep such an automobile upon his property for a period of three (3) months for the purposes stated aforesaid. Said permit may be extended for an additional three (3) months where necessary to complete construction or repair.
8.16.11 Lien upon vehicle for costs. The costs of investigation, towing, removal, and storage of a vehicle shall constitute a lien upon said property, and the city attorney is hereby authorized and directed to take necessary legal action to establish and perfect a lien against said property. (Ord. No. 2019-08, Sec. 2)
