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HomeMy Public PortalAboutOrd. 808 - Nuisances - Refuse & Abandoned Motor VehiclesORDINANCE NO. 808 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, REPEALING TITLE 5, CHAPTER 5, SUBCHAPTER C OF THE McCALL CITY CODE ENTITLED "NUISANCES," AND REPLACING WITH A NEW TITLE 5, CHAPTER 5, SUBCHAPTER C OF THE McCALL CITY CODE, ENTITLED "REFUSE AND ABANDONED MOTOR VEHICLES"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of McCall, Valley County, Idaho (the "City") is a municipal corporation organized and existing under the laws of the State of Idaho; and WHEREAS, the Mayor and City Council of the City are authorized, by Title 50, Chapter 3, Idaho Code, to adopt ordinances to maintain the peace and welfare of the City, abate nuisances, and regulate or the removal of rubbish upon and from private property. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: Section 1: That McCall City Code Title 5, Chapter 5, Subchapter C "Nuisances" is hereby repealed and replaced by a new Title 5, Chapter 5, Subchapter C "Refuse and Abandoned Motor Vehicles," to read as follows: CHAPTER 5 OFFENSES AGAINST THE PUBLIC PEACE SUBCHAPTER C: REFUSE AND ABANDONED MOTOR VEHICLES 5-5-310: SHORT TITLE: This Subchapter shall be known as the REFUSE AND ABANDONED MOTOR VEHICLE ORDINANCE. 5-5-320: PURPOSE AND AUTHORITY: This chapter is intended to help solve the problems created by refuse and abandoned motor vehicles deposited or left upon private and public property, streets, alleys, roads and highways, or right of ways thereof and refuse deposited or left upon private and public property within the City. This Subchapter is enacted upon the authority derived from the Idaho Code, section 50-302. 5-5-330: DEFINITIONS: ABANDON: To leave a vehicle on private property without the permission of the person having rights to the possession of the property, or on a highway, street, alley, road, or other property open to the public for the purposes of vehicular traffic or parking, or upon or within the right of way of any highway, street, alley, or road for twenty four (24) hours or longer. ABANDONED VEHICLE: Any vehicle observed by a City law enforcement officer or reported by a member of the public to have been left within the limits of any highway, street, alley, road, or right of way thereof, or upon the property of another without the consent of the property owner for a period of twenty four (24) hours or longer, except that a vehicle shall not be considered abandoned if its owner -operator is unable to remove it from the place where it is located and has notified a law enforcement agency and requested assistance. JUNK VEHICLE: Any vehicle which: REFUSE: (A) Does not meet the vehicle equipment standards of chapter 9, title 49, of the Idaho Code as a result of damage or neglect; or (B) Is not in the current process of being restored or repaired by its owner(s); or (C) Is not currently registered according to chapter 4, title 49, of the Idaho Code. (Comment: This is a distinct and separate classification from abandoned vehicle. Abandoned vehicles are vehicles belonging to one person and left on the property of another person or political subdivision. Junk vehicles are unregistered, fail to conform to vehicle equipment standards and are not in the process of repair and restoration. One way a violation of Section 5-5-350(A) of this Chapter occurs is where a junk vehicle is left by its owner on property of the vehicle owner.) Undesirable matter including, but not limited to: all waste wood, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees, chips, shavings, sawdust, printed matter, paper, used and discarded articles of clothing, combustible waste pulp, boxes, crates, cartons and packaging materials, glass, ashes, industrial and construction debris, trash, household garbage, commercial waste, stable matter, junk or badly weathered building materials not currently in use, appliances and appliance shells, furniture, mattresses, scrap metals, vehicle bodies, vehicle parts, tires and junk vehicles. Refuse also includes anything that is or was in a garbage can, dumpster or other kind of garbage container, or that is or was in a truck or other vehicle on its way to a landfill or waste transfer site. Hazardous waste is regulated by Section 5-3-510 of this Title. This is not intended to prohibit permitted composting activities. UNAUTHORIZED Any vehicle parked or otherwise left on private property without VEHICLE: the consent of the person owning or controlling that property. 5-5-340: GRANT OF AUTHORITY TO EMPLOY LABOR: The City Manager and City Council of the City are hereby given the power and authority to employ such labor as is necessary to carry out the provisions of this Subchapter and allow the bills therefor. 5-5-350: REFUSE PROHIBITED: (A) Accumulation of Refuse Prohibited: 1. Every person residing, doing business, owning, managing, renting, or leasing property within the City limits shall be required to keep that property free from any accumulation or scattering of refuse (see definition of "Refuse," Section 5-5-330). This shall not only include all refuse on private property, but also any refuse blown from or scattered from private property onto public property adjacent to or contiguous with that property including areas behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. 2. The storage of automobiles in various states of disrepair by authorized auto salvage companies is exempt from subsection 1 of this Section as it pertains to the automobiles used in the auto salvage business. 3. It is not a violation of subsection 1 of this Section for the owner(s) of junk vehicles to store these vehicles in an enclosed garage or to store the vehicles in such a manner that they are screened from view of the street and any neighbors, either by fence or other opaque screen. All screens must comply with all other relevant provisions of the McCall City Code. (B) City to Cause Clean Up of Refuse and Charge Against Property: Every person owning, managing, occupying, renting, leasing or using property within the City limits shall keep that property continuously free of refuse. The City Manager or City Council, after five (5) days notice, may cause the removal and disposal of refuse as often as necessary on lots, lands, or premises not in compliance. The expense of such work shall be billed to the property owner involved and if not paid within thirty (30) days, assessed against the property involved as general taxes and collectible as other State, County and Municipal taxes. (C) Penalty for Violations: Any person owning, managing, or occupying any lots, lands, or premises within such incorporated limits of the City who shall, after notice, fail, refuse or neglect to continuously keep the property they control free from refuse in a manner prescribed in Section 5-5-350(A) shall be deemed guilty of a misdemeanor. The Chief of Police or his/her designee shall have the authority to issue a ticket to violators of Section 5-5-350(A). Any person convicted of a violation of Sections 5-5-350(A) through 5-5-350(B) of this chapter shall be fined in a sum not less than one hundred dollars ($100.00) and not to exceed three hundred dollars ($300.00) for any one offense and such person may be confined in jail for a period of not more than thirty (30) days. Either or both such fine and imprisonment may be imposed. In addition to the above criminal penalties, should the City cause removal and disposal of refuse or other items as often as necessary on lots, lands, or premises not in compliance, such work shall be billed and paid at two hundred percent (200%) of actual expense to the property owner involved. The Court shall order payment to the City of the above cost as a condition of any probation granted in a criminal proceeding. Failure of a defendant to pay within the prescribed period may be enforced by the City within the Courts. (D) Each Five Days Separate Offense: Each and every five (5) days any such person mentioned and described herein shall fail, refuse or neglect to comply with the provisions of Sections 5-5-350(A) through 5-5-350(C) of this Subchapter shall constitute a separate and distinct offense against the provisions of this Subchapter and each of such separate offenses shall be punishable as provided by the provisions of Section 5-5-350(C). 5-5-360: ABANDONED MOTOR VEHICLES (A) Abandonment Prohibited: 1. No person shall abandon a vehicle upon any highway, street, alley, roadway, or right of way thereof. 2. No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. 3. Any person convicted of a violation of this Section shall be fined in a sum not less than one hundred dollars ($100.00) and not to exceed three hundred dollars ($300.00) for any one offense and such person may be confined in jail for a period of not more than thirty (30) days. Either or both such fine and imprisonment may be imposed. (B) Presumption: The abandonment of any vehicle shall create a presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle. (C) Removal of Stolen Vehicles or Vehicles Found Under Emergency Circumstances: 1. Any City law enforcement officer, upon discovery of a vehicle reported as stolen and not recovered, or any vehicle involved in any emergency circumstances, may take the vehicle into custody and cause it to be taken to and stored in a suitable place, or may cause the vehicle to be placed in the custody of a tow truck operator, all expenses of towing and storage to be those of the vehicle owner unless otherwise determined according to the provisions of subsection 5-5-360(E)(5) of this Subchapter. 2. Within forty eight (48) hours of the time that the vehicle is taken into custody and is stored pursuant to this subsection, the City shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state: (a) That the vehicle has been taken into custody and stored; and (b) The location of storage of the vehicle. 3. The City shall appraise the vehicle and shall include in the notice, identification of the officer; location of the vehicle; a description of the vehicle including make, year model identification number, license number, state of registration and, if a motorcycle, an engine number; and the statutory authority for storage. (D) Removal of Abandoned Vehicles by Authorized Officer: Any City law enforcement officer within the City where a vehicle is located, who has reasonable grounds to believe that the vehicle has been abandoned, may remove the vehicle from a highway, street, alley, roadway, or right of way thereof, or from public or private property to a garage or place of safety. Upon discovery of an abandoned vehicle which is not within the class of vehicles defined under "emergency circumstances" in Section 5-5-360(C), a City law enforcement officer shall attach on the vehicle, in plain view, a notice that this vehicle will be towed away at the expiration of forty eight (48) hours as an abandoned vehicle. The notice shall contain the name of the City law enforcement officer who prepared the notice; the time and date after the vehicle will be removed; the telephone number and address at the City where further information can be obtained. A reasonable attempt shall be made to notify, by telephone, the owner of any vehicle which has current license plates and registration as shown on the records of the Idaho Transportation Department, prior to the expiration of the forty eight (48) hour notice period, of the location of the vehicle and the time and date of intent to remove the vehicle. The inability of a City law enforcement officer to notify the owner shall not preclude the removal of the vehicle at the expiration of the forty eight (48) hour period. Any vehicle which does not have current or any license plates attached may be immediately removed to a safe place of storage. (E) Post -Storage Hearing: 1. Whenever a City law enforcement officer directs the towing or storage of a vehicle, except vehicles impounded for investigation pursuant to Section 5-5-360(C) of this Subchapter (the emergency removal provision), the City shall provide the vehicle's registered and legal owners of record, or their agents, with the opportunity for a post - storage hearing to determine the validity of the storage. 2. A notice of the storage shall be sent by certified mail to the registered and legal owners within forty eight (48) hours, excluding the weekends and holidays, and shall include the following information: (a) The names, address, and telephone number of the City providing the notice; (b) The location of the place of storage and description of the vehicle which shall include, if available, the name or make, identification number, the license plate number, and the mileage; (c) The authority and purpose for the removal of the vehicle; and (d) In order to receive a post -storage hearing, the owners, or their agents, must request the hearing in writing within ten (10) days of the date of the notice. Any such hearing shall be conducted within forty eight (48) hours of the request, excluding weekends and holidays. The City may authorize its own City law enforcement officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the storage of the vehicle. 3. Failure of either the registered or legal owner, or his agent, to request or to attend a scheduled hearing shall satisfy the post -storage hearing requirement as to that person. 4. The provisions of this Section shall not apply to vehicles removed from private property pursuant to Section 5-5-360(F) of this Subchapter. 5. The City shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that probable cause for storage cannot be established. (F) Removal of Unauthorized and Abandoned Vehicle from Real Property: 1. Any person having possession or control of real property who fmds an unauthorized vehicle standing upon his property is permitted to have the vehicle removed if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed at the owner's expense and designating the name of the towing firm. Unauthorized vehicles need not meet the definition of abandoned vehicle (Section 5-5-330) in this instance. All signs must otherwise comply with relevant sections of the McCall City Code. 2. Any person having possession or control of real property who finds an abandoned vehicle standing on his property, where the property is not posted as set out in subsection (1) of this Section, may contact a City law enforcement officer, who must in turn comply with the provisions of Section 5-5-360(D) of this Subchapter, in accomplishing the removal of the vehicle except under those circumstances set out in subsection (3) of this Section. 3. Where access into or out of private property or substantial interference with the use and enjoyment of private property is created by an unauthorized or abandoned vehicle being parked or otherwise left on private property, the person owning or controlling the property may contact a City law enforcement officer who may, without regard for the provisions of Section 5-5-360(D) of this Subchapter, immediately proceed to have the vehicle removed to a garage or nearest place of safety. All other provisions of Sections 5-5-360(A) through 5-5-360(L) of this Subchapter shall be complied with. (G) Charges Not Otherwise Provided For: Every towing firm, employee or agent in the process of towing, removing, or impounding a vehicle as directed by a City law enforcement officer, except vehicles found under extraordinary circumstances or suspected stolen, shall upon request of the owner or his authorized agent, release the vehicle at the scene. If the vehicle is attached to the tow truck, or otherwise "in tow", the regular scheduled tow fee may be charged. When the vehicle is not yet "in tow" at the time of request, the release must be made, and no charge may be assessed except a customary and reasonable charge for mileage one way from the towing firm's place of storage to the scene plus the usual fee for the tow truck operator. If the authorized fee is not tendered by the owner or his agent, the towing operator may complete the impoundment, towing or removal as authorized. (H) (I) Storage of Vehicle: Whenever a City law enforcement officer removes a vehicle from a highway, street, alley, road, or right of way thereof, or from public or private property, he shall take, or cause to be taken, the vehicle to a garage or other place of safety within the City or such other place as designated by the City Council. At the time of removal, the City law enforcement officer or employee shall record the mileage of the vehicle. Request By Possessory Lien Holder For Names And Addresses Of Interested Persons - Notice Of Sale To Satisfy Lien: 1. After acquiring possession of a vehicle in any manner authorized by the provisions of Sections 5-5-360(A) through 5-5-360(L) of this Chapter, the possessory lien holder shall make a request to the Idaho Transportation Department for the names and addresses of all persons having an interest in the vehicle as appears in the Idaho Transportation Department's records. The possessory lien holder shall, upon receipt of this information, notify all legal or registered owners in accordance with Section 5-5-360(E) of this Chapter, unless otherwise already complied with. Whenever a vehicle has been removed under the provisions of this Chapter and the possessory lien holder has sent the notice as provided, the possessory lien holder shall have a lien dependent upon possession for his compensation for towage and caring for and keeping safe the vehicle for a period not exceeding sixty (60) days. If the vehicle is not recovered by the owner within that period or the owner is unknown, the keeper of the garage may satisfy his lien in the manner prescribed by Idaho statutes. The lien shall not be assigned. 2. No lien shall attach to any personal property in or on the vehicle. Personal property in or on the vehicle shall be given to the registered owner or owner's authorized agent upon (J) demand. The lien holder shall not be responsible for property after any vehicle has been disposed of pursuant to this Chapter. Sale of Unclaimed Vehicles: The sale of unclaimed vehicles shall be executed according to and in compliance with the provisions of the Idaho Code sections 49-1801 through 49- 1818, which provide for the sale of abandoned vehicles and such sales shall be coordinated with the Idaho Department of Transportation. (K) Claiming Of Abandoned Vehicles: 1. The owner of an abandoned vehicle may take possession of the abandoned vehicle at any time prior to sale by proving ownership and paying costs relative to towing and storing the vehicle, costs of advertising and any fines incurred under Section 5-5-360(A), if any, except as otherwise provided in subsection 5-5-360(E)(5) of this Subchapter. 2. A lien holder of an abandoned vehicle may take possession of the abandoned vehicle at the sale by proving the presence of the lien and by paying the costs relative to towing and storing the vehicle and costs of advertising. The lien holder may also take possession of the abandoned vehicle by purchasing the vehicle at the sale. Nothing in this Subchapter shall be construed to abate any cause of action that a lien holder has against the owner of an abandoned vehicle. (L) Removal Without Payment Provided: 1. Unauthorized removal of an abandoned vehicle from the custody of the City, the City Police Department, or from the custody of any person holding the abandoned vehicle for the City or City Police Department without payment in full of all charges and costs that have been incurred under the provisions of this Subchapter shall be a misdemeanor and the abandoned vehicle may be recovered and disposed of by the City or City Police Department. 2. The maximum punishment for violation of subsection 5-5-360(L)(1) shall be a fine of not more than three hundred ($300.00) dollars or imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Section 2: That this Ordinance, or a summary thereof in compliance with Section 50- 901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect and be in force immediately upon its passage, approval, and publication. DATED this 4 LI ``' day of A-r.l , 2005. CITY OF MCCALL, Valley County, Idaho t ��4-JBy:}gr-". William A. Robertson, Council President ATTEST: 9,,,,,___ Dan Irwin, City Clerk (SEAL) Table of Contents 5-5-310: Short Title 5-5-320: Purpose and Authority 5-5-330: Definitions 5-5-340: Grant of Authority to Employ Labor 5-5-350: Refuse Prohibited 5-5-350(A): Accumulation of Refuse Prohibited 5-5-350(B): City to Cause Clean Up of Refuse and Charge Against Property 5-5-350(C): Penalty for Violations 5-5-350(D): Each Five Days Separate Offense 5-5-360: Abandoned Motor Vehicles 5-5-360(A): Abandonment Prohibited 5-5-360(B): Presumption 5-5-360(C): Removal of Stolen Vehicles or Vehicles Found Under Emergency Circumstances 5-5-360(D): Removal of Abandoned Vehicles by Authorized Officers 5-5-360(E): Post -Storage Hearing 5-5-360(F): Removal of Unauthorized and Abandoned Vehicle From Real Property 5-5-360(G): Charges Not Otherwise Provided For 5-5-360(H): Storage of Vehicle 5-5-360(I): Request by Possessory Lien Holder for Names and Addresses of Interested Persons - Notice of Sale to Satisfy Lien 5-5-360(J): Sale of Unclaimed Vehicles 5-5-360(K): Claiming of Abandoned Vehicles 5-5-360(L): Removal Without Payment Provided City of McCall Certificate of Recording Officer STATE OF IDAHO } } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. &q is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on AK,, I , 2005 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 14'" day of Rpr, 12005. Dan Irwin, City Clerk m ® * • .•®� 0 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began April 21, 200S-and ended April 21, 2005. Subscribed arfd worn be me this the 21 st day of April, 2005. STATE OF IDAHO COUNTY OF VALLEY On this 21 st day of April, in the year of 2005, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. _ A0®05E19d96&849�, *0, 0 e fo 6 0 ..4,0'y AR Y m e e o 0 ®1'UBIA °a s'w�®D oe�G a4 ao., toe..0°y, o st,m -k/irc3u a 9 V tl09l4' V Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 r� W ' AN '(")RItiIIV� CE OF�THHI C;i:TY;�i OF McCALI�, ID�1Hp RZ'pEALII�G TITLE 5 rC 4 S,IIJJC�p ENTITL �D'7� lt% 4 CODE ' NLTIS'itsraS ' Al�1D ItEP):.A.emp *.rf . A ,4W TrE4g; 5 '. C44TER 5� stii37614-tER C'OFg THE NlcCALLCITY CbDE EN'C1f'� ;'.TLED aRE1aC,SE,ANDiABANDO,NEpg MO'1;OR VEHICLES ArTD PROV]D ING F,PA AN El'khCTIVE • y DATE le �l W.MAa; the,C;ty of 14cCa1�County;'"Idhtr (the "City - is a*mi- niclpah, corporation prgamzed. and exist=. ink under.tfie laws'of the State '.of Idaho;. •. and• WaTEI18AS, the Mayor anti City ; Cbiticil' of the•Ctty aie authorized by Title 50 C`'liapter 3 Idaho Code�ytb ridopt �' ordinances to mazntain the peace end welfare of the City abatexriuisances apd�` regulate or the rr�moval of rubbish upon and from pf Vate property IVOW THEREFORE,. IE`Tf dR DiK�iED BY THE"'IvIAYOR AND'' CO.tJNC]L OF 1 Hh C1TY'OOF�VTcCAZL 1DAp as follows ectto'n' 1 Ihat'1VIcCa11'Cty, Code'' Title 5 Chapter .5„$ubchapter,' C i L�itit•.,;• • sauces is hereby •epealed Wiiideplaced by 441ew Ti.40 5 t hapter 5 Subchapter C `Refuse�an$ Abandoned Motor Veln� cles to read as follows `CFI;A`PZ'ER 5 x i OhhEI�jS1~S ACi�IIiVS,T Tip _tt U,. LTC PEACE". • SUBCHAPTER C; REFUSE AND1 ABANDONED MOTOR87181C'LES 5'S 10 raFIQRT 1iBLLE' This �$ub 01 ter'shallef.belknown as the. F.(EISE'' AND AB2ADONEI7f MOTOWNEHT CLE ORDINANCE , "5 5 320•.+PURPOSE MAND AU .{ THORN Thitsi eliapter t� intended'to ,I helpp"solve the4ptoble`ms createdjliy refuse' and?hbandonetl motogishtches'depostted or left ugef private and publtb-pioperty, streets, alleys; roadsarid elfigh�Vays or right: of way�:.thereoFarid'refus'efdepbs ited br left upon private�rrd pputilio prop Arty ;�itliin�tlie? Cityi`T1us,Sdbohiapter-�s enacted upon theTautlioiitjl tlezived from' the Idaho Code section 50 302 ABDON 7q leave a vehicle ;on pnvate property without t1*gertntssion of the person fiavmg rights to the pos . session bf•tli610 0i—ty or on a htgfiway ,. street, alleys rbad,;oriothebiirOperty:.trpen • to the ptibhc for,pe p,rp:*s•of vebicu lar traffic" or,p*Idri , br upgn of wiilin .... the nght .f way of'any, iiki,lway, street alley or toad fdt*enty ldttr(24).hoiirs ABANDONED. 7EI:11CLE Any5 , yehtc1061 set r,p4py a Ctty law enforce inent officer or reported 1iy a memlieY of the public, to h*ei,:keen )left within the lirriits of any highway street;'alley toad ;' or nghtbE way ttieteof i.,341ignn ifie prop • Arty of atiother.wtthout the consent of the property owner ,fd�r a penod of twenty s . four (24) A.Ag§,1gr� 00ger, Micept,t 4l a vehie)e shall not `he considered aban Boned' t£ its owner` operator is unable to ;: remove tt fro4ti place where at is rb +' catedandjhas ndhfied a law enf�rcerrrerif �. agency�and regdesfed asststI a ;i JUNK'.. VEHIeI E ;Any vehicle i' : t c (A) Does not meet fire velucleregtip anent standards of chapter 9 title 49 of the IdahoiCode* .d result of damage pr neglect ors n;k i •r_. (B� Is pot{zn the current process o�be .4'. mg restored or repaired by Yts owner(s); or , '. (C) Is not cturetttlyo tegiste;ed, ac , cording to ibhapter;4,.title 49 of ttie,Idafio ': •Code (Comment T1us is a dtshnct and 'sepdrate blassificlahon from aband�iied vflucle Abandoned vehicles ace ehicles • 15`elongtigitgrone peitstinaddi+leff bn tjie A. pzopertyF of another perst�elon qr pplittcal :.' subdt4tsrou-�JYunlc',;s:are 'eted fail to e.entollrittotv}elucl equip rfie4Vstanddrds,i4nd:pare tibt'in the p'ro pess of repair andestgrattdii One Way .violation 6"(8ectton 5 350(A) of this Chapte}`"'(5c6urs ts`wk ere a jiiiWyehtcle is '' left by zts:owner}on(propertyrbf-the xe- ,. hide otvriet) _ __._ - (A),AbaAdq�im� iL�'rblubtted Upon disco very of,. an abandoned", Re 1 No;personshaTLf�bandona vehicle velucle.:wluch is.not within thelclass of ugananyz]i$hway,street alley roadway vehicles dX.Yafinedlundgr em¢rgertey+tir 4,. a. in or nghW,,,*. Yth teof 3 ,t g l*To;person shall Abandgn a vehicle [l eumstances an;,Section •ST S 360(C) a City law enforce nk of$c�er shall attach WOW.public orP-eiprltate ptdgerty without, on tkie:vehucle ."in'plain view a notice ;Lei -the express Or itnP I Consent of the that this velucle:wdl bertbvyedFawa� at owner or a op In Ia fuCp session or p d W_J ° the expi �aarion dE,fo eight (48) hp urs +. T;and, control oftTie property „ } as an' abandone3 vehicle ,The notice ;. 3 Ah`y person conSicted`o(a violation shall' contain 'tlie name of the City law ; com. ^ of this Sect;on sjM �e ned in a sum not enforc meet officer who `prepared the . ;shall, Tess th oi)e hundtect dollar's C$lt)t) ) notice; the rinie.aild�date aftertheWliicle , - and notito'exceed'tTueeaiunclred do11'ars ? will behenioved the telephone number lved Sys , ($300 Op) for "'noneioffense and such , end apdress at I. the C{ty;{vhere farther in per$oit`rna be confined in fail for a pe formation can be gbtamed L#rreasonable olzved othgr ri , of nbtrnoie than thirt­11—y (30 days Ei attempt�sliallybe; made to notify b-Y tele . they oY Both such fine and imprisonment phone; tlie` owner of ny, elucic which i ` maybe unposed has can ent `hceSise plate"s and'1registra Bi (B) PieSpingnPn They abandonment , of any xehuc a shall create a preslimpthon{. non as shown on the records of the Idaho l ransportarion pepartipent prior to the ; lialT F :that the last egistered owner.of record is, expiration oft) forty ei1.ght (48) hojlr Rio . responsible ors the, abandonment apd is: tice pe)1od°of tlie-iodation of tt e yelticTe _ thereby liab e far the Cost of •removal and and the riml acid date ofantent to remove igori- diswsitionof theyelucle the veliYcle Itie inalitlity'of a City law ontrol . (C}:; Izeinovalf'of Stolen Vehicles or ` enforcement officer to., n6tfythe VWxier ! ' ;ribgd . Veluc1es Round L7ndEmergency Cir shall not preclude the removal of lie ye :erred rnstances , cu hie at the expir466q. of;tAe for ty eight reF of , l Any City law eiforceinent officer : 08);h64period; vexthe ; upon:dscovery of a vehicle repprted as Any vehicle which does not have cur j ors of stolen :and not recovered; of any vehicle { rent • or any 11­1icense" plates attached may involved:►n any ejl. nergegcy circumstanc-' lie tmmediately4emovedito'a safe place . Marion ' es -ma the vehicle into custody. and• of sforage 5 5. cause rt to be taken to and stored in asuit= (E) Post Storage Hearing s red m': able'place` of may`caiise the welucle. to be 1: R'henever a City law enforcement c lollais. glacedy n thercgStody of a•tow tTuck.cp- officer directs=tlie towing or'stgiage of nun erator, all expenses of tot�tng and storage a vehicle except vehicles Impounded, ae 'of` to be Ili" f1 the velucl&'.owner unless: for riyesrigaripn pursuant to -Sect on 5 ', nfinec� otherav se deterMIAP. according to the 5 360(�)�of this Subchapter (th 'emer �. i tlui t ; provistpns of subsectton 5 S z361)(]1)(5) ; to and of this;Subcliagtel., gency^removal,7prnyision)',the City Shall a the vehicle s Fegist red and legal 2 W 3thin fort} eight (48) hours of the : proyi owners of record or their agents with the ; il.pen rime thattthe velcle is taken Into cpstody opportumty for a pos"t storage hearing to ' al and" = and ts,sto{ed pµrspaiit to this gubseciion detennme the varidityOt�the°storage 3:offer_ t e C yshall ptv�e yvrttten nopceby Ce¢i es. jed mail o theregistered a Meg al qwp v2 A notice of thelstotage shall be sent by ceiti'fied pi�il to the registefed.4iid, le tall ibe. ers of tkie vghu_el`if lmown The` nonce r. g� owners withinf6ht eight(48}hours' , iercenf; shall state F ', excIu""cling the weekends! and holidays ,ppert ,(a)'Thaf the vehicle h'as'been taken; and shall include the followingiirifonna' } orilgr into custody and'sYored and rion, Gast as (b) `Tire locatton of storage•of the ve ., (a)' The};naines address , adti' tete ' of the Cit}� providing one the . d feti is 3 tjig City`stahapprais� the yelncle i. period • Arid shall mcluten rite notice identSfica ,. Pouceyber (l) rTlie+location of She lace of>stor - �elucle hin rion of the off}ez Xocarionf the XelliCle age and description of llie which dOscrtption.,of, the vel►tcle iicludifig ', shall'inclut e;avazla le z theiname br ate Qf make;;year model idenfificarion number piake;:idenfica6on number, the•liceiise ys,anyy lhcense'number; state of registrariori and scribed 3:. % if a rnotorc) cle ali engine numbe ;Y and plate numbeNMhd the mi_Ieage r; ; i .(c) The Wi ' drity and purgose-for fhe a,cpm #, the statutory authority for stoYa�e removal oYtheveluele'and' [is 5 5 (D)' Removal• df Abandoned Vehicles ; (d) In order to teekWe apost storage ' is Suli by Anthonzed ©ffieer' Any City law en hean5ig`the`owhersrbr tjieir agents'tmiist Y; ite atld force.'riient officer within the Ci#y where regiiest ,.' 'e*heinng 1rNgiring within ten t• ions of f 'y a velircle is located, who hasreasonable .: (10)eilays of the date ovthe notice Any eparate [: } grounds to; believeithat,fhe vehicle has sue hearing;shall be conducted"withn i j fovided ;, been abandoned'„may remove thewehicle : fgi[y, eight (48) houcsro> thelrequestt ex ; 150(C)3 , j. from;a hiighvYay;tistreef alleyy.Loadway or °. clucling weekends and`lolidays The City ?; iOTOR ; right. of way thereof, gr'fromrpublic or ; may;authonze its pwn d lhw enforce' ; pr}vate, groperty to a gauge qr place o£ ; mehtl ofn or'employee tq conrl6ct the ice safety.;---_--_--- — hearligi so long asith heanngsvfficer'; — i`s .not the .salirie4 person nvho directed the storageof theiwetucl@:'' 3. Failure of either .the reaistered-o`r,`.