§ 16-2. Vehicles constituting public nuisance.

(a)

Abandoned vehicles and junk vehicles are declared to be a nuisance creating a health and safety hazard to the public because they invite plundering, create fire hazards, and attract and harbor vermin. No person shall cause, maintain, or permit the outside storage of any such vehicle, or the accumulation thereof, which is herewith determined by the city council to be in the nature of rubbish, litter, and unsightly debris, a detriment to the environment, and a violation of this chapter, which may be abated and prosecuted as provided herein, or as provided by any other article or section of this Code or state statute.

(b)

Any vehicle, whether occupied or not, that is found stopped, standing, or parked in violation of any ordinance or state statute, or that is reported stolen, or that is found impeding firefighting, snow removal or snowplowing, or the orderly flow of traffic, is declared to be a public nuisance and may be abated as provided herein or as provided by any other article or section of this Code or state statute.

(c)

The term "abandoned vehicle" means a motor vehicle as defined in Minn. Stat. § 169.01, that:

(1)

Has remained for a period of more than 48 hours on public property, illegally;

(2)

Which lacks vital component parts;

(3)

Is voluntarily surrendered by its owner to the city or to a towing contractor hired by the city for its removal;

(4)

Has remained for a period of more than 48 hours on public or private property with or without consent of the person in control of such property, in an inoperable condition; or

(5)

Which does not have a current vehicle license;

unless such vehicle is kept in an enclosed garage or storage building. A properly licensed, classic car or pioneer car, as defined by Minn. Stat. § 168.10 shall not be considered an abandoned motor vehicle within the meaning of this section.

(d)

The term "abandoned vehicle" does not mean and include:

(1)

A classic car or pioneer car, as defined in Minn. Stat. § 168.10.

(2)

Vehicles on the premises of junkyards and automobile graveyards that are defined, maintained, and licensed in accordance with Minn. Stat. § 161.242, or that are licensed and maintained in accordance with all ordinances.

(3)

A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order.

(4)

A vehicle is considered junk if it:

a.

Is three years old or older;

b.

Is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission;

c.

Is apparently inoperable;

d.

Does not have a valid, current registration plate; and

e.

Has an approximate fair market value equal only to the approximate value of the scrap in it.

(e)

A motorhome in an operable condition shall not be considered an abandoned motor vehicle, unless.

(1)

The motorhome has remained illegally:

a.

For a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or

b.

On private property for a period of time, as determined under Minn. Stat. § 168B.04, subd. 2, without the consent of the person in control of the property; and

(2)

Lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.

(Code 1999, § 8.4.2)

State law reference

Similar provisions. Minn. Stat. § 169B.011.