Chapter VIII · Health and Welfare

Article 2. Junked Motor Vehicles On Private Property

Sections 8-201 to 8-208 · 8 sections

8-201 Findings of governing body.

The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:

(a)Serves as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

(b)Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;

(c)Are a ready source of fire and explosion;

(d)Encourage pilfering and theft;

(e)Constitute a blighting influence upon the area in which they are located;

(f)Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-202 Definitions.

As used in this article, unless the context clearly indicates otherwise:

(a)Inoperable — means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

(b)Vehicle — means, without limitation, any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-203 Prohibitions and exceptions.

It shall be unlawful for any person or his agent, either as owner, lessee, tenant, or occupant of any real property within the city, or any vehicle owner, to park, store, or deposit, or permit to be parked, stored, or deposited thereon an inoperable vehicle, unless:

(a)The inoperable vehicle is enclosed in a garage or other building

(b)The person is conducting a business enterprise in compliance with existing zoning regulations; or

(c)The vehicle is placed behind fencing or screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children.

However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-204 Presumptions that a vehicle is inoperable.

Anyone of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable.

(a)Absence of a current registration plate upon the vehicle;

(b)Placement of the vehicle or parts thereof upon jacks, blocks or other supports.

(c)Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-205 Nuisance and abatement.

Any inoperable vehicle parked, stored or deposited in a manner other than that permitted under this section is hereby declared a nuisance and may be abated under the same authority and procedure for the abatement of nuisances as set forth in Chapter 8, Article 1, Health Nuisances, as it now exists or may be amended.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-206 Disposition of vehicle.

Disposition of any motor vehicle removed and abated from private property pursuant to this section shall be as provided by K.S.A. Supp. 81-1102, as amended.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-207 Penalty.

(a)Any person violating the provisions of this article shall be guilty of a misdemeanor and shall be fined no less than $25 or more than $500, or imprisoned for a period not to exceed 5 days, or be both so fined and imprisoned, for each offense. Each day such violation continues to exist shall constitute a separate offense.

(b)Upon a conviction for violation of this section, it shall be within the court’s discretion to order that the vehicle be removed and stored at the expense of the person so convicted.

(K.S.A. 12-1617e; Ord. 237; Ord. 330; Ord. 379; Code 2018)

8-208 License plate obscured from view.

Where a vehicle is (1) parked or stored so that it is visible from a public or private street, and (2) the license plate of such vehicle is screened from view by an adjacent structure or vegetation, or by a cover, tarp or similar object, then the vehicle shall be deemed to be an inoperable vehicle subject to the provisions of this section. Such a determination may be voided if the property owner, vehicle owner or resident can furnish proof that the vehicle is not inoperable.

(Ord. 237; Ord. 330; Ord. 379; Code 2018)