Junk and Junk Vehicles

Download as PDF

CHAPTER 51

JUNK AND JUNK VEHICLES

51.01    DEFINITIONS.  For use in this chapter, the following terms are defined:

1. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.
2. “Junk vehicle” means any vehicle, as defined by Section 321.1 of the Code of Iowa, as amended, which is located within the corporate limits of the City, which does not properly display plates or stickers indicating current registration as required under Chapter 321 of the Code of Iowa, and/or which has any one or more of the following characteristics:
3. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.
4. Any vehicle with a broken, loose, or missing fender, door, bumper, hood, steering wheel, trunk lid, or exhaust system.
5. Any vehicle which has become the habitat for rats, mice, snakes, or any other vermin or insects.
6. Any vehicle which lacks an engine or one or more wheels or other structural parts, rendering said motor vehicle totally inoperable.
7. Any vehicle that is incapable of moving by its own intended power source in both forward and reverse gears.
8. Any vehicle which has not moved by its own intended power source for a period of 30 days or more.
9. Any vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety.
10. “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

51.02    JUNK AND JUNK VEHICLES PROHIBITED.  It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.

51.03    JUNK AND JUNK VEHICLES A NUISANCE.  Any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a nuisance within the meaning of Section 50.01of this Code of Ordinances.

(Code of Iowa, Sec. 364.12[3a])

51.04    EXCEPTIONS.  The provisions of this chapter do not apply to any junk or a junk vehicle stored within:

1. A garage or other enclosed structure, provided the junk or junk vehicle stored therein is not noticeable or detectable from the exterior thereof.
2. Salvage Yard. An auto salvage yard or junk yard lawfully operated within the City and which is enclosed by a fence at least eight feet high which hides the contents of the auto salvage yard or junk yard from public view and provided that materials within such auto salvage or junk yard are not be stacked higher than the surrounding fence, and gates in such fence are of solid material and equal height.
3. Auto Dealer. The premises of a holder of a new auto dealer’s license.

51.05    ABATEMENT OF NUISANCES.

1. The City may abate any nuisance identified pursuant to this chapter in accordance with the procedures for abatement of nuisances contained in Chapter 50 of this Code of Ordinances.
2. Any violation of this chapter shall also constitute a municipal infraction pursuant to Chapter 3 of this Code of Ordinances.

51.06    OPERABLE VEHICLES AND TRAILERS.  The outside off-street parking or storage of operable motor vehicles, trailers, boat trailers or carriers, camping trailers, campers or materials, supplies, and equipment related thereto except as herein provided is deemed to be a public nuisance because it:  (i) obstructs views on streets and private property; (ii) creates cluttered and otherwise unsightly areas; (iii) decreases adjoining landowners’ and occupants’ enjoyment of their property and neighborhood; (iv) may endanger the safety of children at play, (v) may harbor rats, insects, and other undesirable pests; and (vi) otherwise adversely affects property values and neighborhood patterns.  Such items may be parked or stored outside only if placed in a rear yard area, or in a front yard or side yard if such vehicle is parked or stored on a temporary basis, not to exceed 24 consecutive hours, or if the vehicle is parked or stored on an all-weather surfaced drive or pad.  “Rear yard” means the portion or portions of a lot which are on the opposite side of the dwelling, garage, or other building located thereupon, from the street, avenue, highway, or boulevard which is listed in the official address of the property.  “All-weather surface” means gravel, asphalt, concrete, or other material designated by the Council.