Memo - Junk vehicles
~ Department of Administration
. Memorandum
To: Hopkins City Council
From: Jim Genellie
Date: November 5,2002
Subject: Junk Vehicles
The Hopkins City Code defines junk vehicle as:
Subd. 6. "Junk car" means any motor vehicle which is not in operable
condition, partially dismantled, used for sale of parts or as a source of repair
or replacement parts for other vehicles, kept for scrapping, dismantling, or
salvage of any kind, or which is not properly licensed for operation within the
State of Minnesota.
The nuisance inspector has traditionally used two critelia for enforcing this ordinance:
1. the 111otor vehicles is in an obvious state of disrepair, i.e. missing or flat tires, broken
windows, etc.; or
2. the motor vehicle does not have CUlTent license tabs.
.. These cliteria are used because they are objective. Many other cities use the same sort of criteria.
Last year, the City Council decided not to assess an administrative fine to someone who had a
vehicle without tabs. This individual was unable to drive and had a car stored outside.
In the past year the City has adopted an ordinance that limits the number of cars that can be parked
outside. With the adoption of this tool it lllay no longer be necessary to use the lack oflicense tabs
to define junk cars.
The question before the City Council is whether it wants to amend the junk vehicle to remove the
language regarding license tabs.
. If the purpose of the junk vehicle ordinance is to limit storing vehicles outside, the new
vehicle storage ordinance addresses that issue.
. If the purpose of the junk vehicle ordinance is to prevent residents fi'om storing unsightly or
damaged vehicles outside, this can be addressed by refining the definition of a junk vehicle.
Requiring residents to get all their vehicles licensed may cause some reduction in the number of
vehicles that residents store but there is a question whether it is worth the effort.
Another issue that the Council should examine is junk vehicles in commercial or industrial areas.
Does the Council want to adopt any language that would require vehicles at auto repair businesses
to be:
. . enclosed in buildings; or
. in fenced in lots with opaque fencing; or
. in fenced in lots.
\Junk Vehicle memD_doc
. Junk Vehicles
Current Ordinance:
1325.01, Subd. 6. "Junk car" means any motor vehicle which is not in
operable condition, partially dismantled, used for sale of parts or as
a source of repair or replacement parts for other vehicles, kept for
scrapping, dismantling, or salvage of any kind, or which is not
properly licensed for operation within the State of Minnesota.
Possible new language:
A rebuttable presumption of the presence of junk vehicles shall exist under
one or more of the following conditions:
1. Weeds or grass underneath the vehicle which indicates to a
reasonable person that the vehicle has not been moved; or
2. One or more tires are flat or missing; or
3. One or more wheels are missing; or
4. Is stored on blocks, jacks or other supports; or
5. The windshield or rear window is broken or missing; or
6. Portions of the vehicle which are needed for its operation or
control are missing; or
7. The vehicle is in a state of disassembly or so dismantled that it
cannot be operated.
. Junk vehicles in industrial/commercial areas - current ordinances
1325.03. Parking or storage for Repair, or Maintenance of Bus,
Camper, Truck, Tractor, Semi-Trailer, Racing or Junk Cars or other
Vehicles on Public and Private Property. No person shall cause or
permit the parking, keeping or storage for more than two hours of any
bus, camper, truck, tractor, semi-trailer, racing or junk cars or other
similar vehicles for the purpose of repair, replacement or exchange of
parts or any other maintenance work thereon, in or on any public
street, alley, road, highwaYi parking lot, park or other public
property or premises in or on any private lands or premises unless such
vehicles on any such private lands be within an enclosed building.
1325.05. Service and Repair on Public Place. No person shall
service, repair, paint, dismantle, overhaul, or otherwise maintain or
do work upon any motor vehicle on, or in any public street, avenue,
alley, road highway, boulevard, parking lot or facility, park or other
public property or premises.
540.03 n) Junk yards provided the operation is fenced, has a 40 foot
landscaped front yard screening the operation from the public right-of-
way, site is constructed according to a submitted and approved grading
plan, said material contained therein is organized into storage aisle"
not to exceed 50 feet in width and served by a minimum of 15 foot wide
opp.n aisles, that a fire protection plan be approved by the ci ty, that
a rodent prevention program be approved by the city and that provisions
. be made to prevent oil from lea}:ing illto the soil.
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. Other cities junk vehicle ordinances
Minnetonka, MN
845.025. Special Provisions - Abandoned or Inoperable Motor Vehicles.
1. Definitions. For purposes of this section the following words have the
meanings specified below.
a. "Abandoned vehicle" means a motor vehicle that has remained for a
period of more than 48 hours on pUblic property illegally or lacking vital
component parts, or that has remained in an inoperable condition for a period of
more than 48 hours on private property with or without consent of the person in
control of the property, unless it is kept in an enclosed garage or storage
building. It also means a motor vehicle voluntarily surrendered by its owner to
the city or to a towing contractor hired by the city for its removal.
b. "Junk vehicle" means a motor vehicle that is in an inoperable condition,
that is partially dismantled, that is used for sale of parts or as a source of repair
or replacement parts for other vehicles, or that is kept for scrapping, dismantling,
or salvage of any kind, unless the vehicle is kept in an enclosed garage or
storage building. A junk vehicle is also an abandoned vehicle for the purpose of
. this ordinance.
c, "Inoperable condition" means that the vehicle has no substantial
potential use consistent with its usual function, and includes a vehicle that (1)
has a missing or defective part that is necessary for the normal operation of the
vehicle, (2) is stored on blocks, jacks or other supports, or (3) has not had a
current vehicle license for at least six months.
51. Louis Park, MN
Junk car means any motor vehicle which is not in street operable condition, or
which is partially dismantled, or which is used for sale of parts or as a source of
repair or replacement parts for other vehicles, or which is kept for scrapping,
dismantling or salvage of any kind, or which is not properly licensed for operation
within the state.
Minnesota State Statutes
1688 Subd.3. Junk vehicle. "Junk vehicle" means a vehicle that:
(1 ) is three years old or older;
. (2) is extensively damaged, with the damage including such things as broken
or missing wheels, motor, drive train, or transmission;
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. (3) is apparently inoperable;
(4) does not have a valid, current registration plate; and
(5) has an approximate fair market value equal only to the approximate value
of the scrap in it.
Bloominqton, MN
Section 8.36. DEFINITIONS.
The following words and terms when used in this Division, shall have the
following meanings, unless the context clearly indicates otherwise:
Abandoned vehicle - Any motor vehicle which is determined by the Director of
Community Oevelopment or the Chief of Police or their agents to be an
inoperative vehicle as herein defined or to which the last registered owner of
record has relinquished dominion and control or which does not have attached to
it current license plates or tabs as required by State Jaw, and which is not stored
or screened in accordance with this Code.
Inoperative vehicle - Any motor vehicle which cannot be driven or propelled
. under its own power in its existing condition or which cannot be driven or
propelled under its own power in a safe manner because of its wrecked, junked,
or partially dismantled condition.
Lonqmont, Colorado
"Junked" means any vehicle which:
. Does not bear valid, unexpired license plates, unless of a type specifically
exempted from motor vehicle licensing by the laws of the state of
Colorado; or
. Is wrecked, damaged or substantially dismantled to the extent that such
vehicle is inoperable; or
. If designed to be capable of moving itself when in proper repair, is
incapable of being moved under its own power in its existing condition, or
does not have all tires inflated.
11.12.050 Junked vehicles prohibited-Exceptions.
It is unlawful for any person to permit any junked vehicle to be left upon any
. street, highway, public property or, being the owner or tenant in possession of
any real property in the city, to cause or permit any junked vehicle to be put upon
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. or kept upon any real property in the city, except that this section shall not apply
to the following conditions, which shall constitute an affirmative defense:
The vehicle is located upon the premises of a lawfully zoned vehicle repair or
vehicle storage business; or
The vehicle is stored within a completely enclosed structure; or
A maximum of one vehicle per lot or parcel of real property shall be permitted if
said vehicle is entirely covered with a one-piece opaque heavy tarp or
commercial car cover, securely fastened at all times; or
In nonresidential areas, the vehicle is screened by a concealing fence not less
than six feet in height and otherwise complying with city ordinances applicable to
such fence, rendering the vehicle not visible to persons on adjacent private or
public property to the extent concealment can be reasonably obtained under the
conditions of topography and other attendant circumstances; or
A maximum of one vehicle per lot or parcel of real property is permitted if the
vehicle is currently undergoing repair or is awaiting the settlement of an
insurance claim, provided the vehicle is removed or brought into compliance
within ninety days. (Ord. 0-95-60 S 1: Ord. 0-93-17 S 4 (part))
. 11.12.060 Restrictions on storage of vehicles-Ownership requirements.
The storage of junked vehicles as authorized by subsections 11.12.050 C and E
shall be permitted only as to vehicles owned by the occupant of the premises
upon which such vehicle is located, or by members of the immediate family of the
occupant. (Ord. 0-93-17 S 4 (part))
Winthrop Harbor, Illinois
JUNKED MOTOR VEHICLE or DISABLED MOTOR VEHICLE. Any vehicle
which is without current valid license plates and/or in either wrecked, discarded,
dismantled, inoperative or abandoned condition.
Vancouver, Washinqton
(3) "Junk vehicle" means any vehicle which is three years old or older, is
extensively damaged or apparently inoperable and is without a current
registration plate affixed to it.
.
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. Broomfield, Colorado
(8) Junk vehicle means any self-propelled vehicle designed for highway travel
under its own power which is not capable of such travel in its existing mechanical
condition; or any dismantled, partially dismantled, discarded, wrecked,
demolished, or partially demolished vehicle; or any vehicle designed for highway
travel not bearing a current license plate or license certificate.
Lawton, Oklahoma
C. A rebuttable presumption of the presence of junk vehicles shall exist
under one or more of the following conditions:
1. Weeds or grass underneath the vehicle which indicates to a
reasonable person that the vehicle has not been moved; or
2. One or more tires are flat or missing; or
3. One or more wheels are missing; or
4. Portions of the vehicle which are needed for its operation or control
are missing; or
5. The vehicle is in a state of disassembly or so dIsmantled that it cannot
be operated; or
6. Upon receipt of a complaint by the city that a vehicle has been parked
. or stored or by a written complaint received by the city that parts are taken from
or added to a vehicle which would indicate a salvage or garage operation; or
7. The vehicle owner cannot document proper and current registration, if
required; or
8. The improper display of current registration as required by state law.
.
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